Cotton et al v. Efreightship, Llc et alMOTION to Dismiss for Lack of JurisdictionD. Kan.January 13, 2017Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SCOTT COTTON & CHRIS SHELTON On behalf of themselves and all others similarly situated, Plaintiffs, v. EFREIGHTSHIP, LLC, and BRIAN MICHEL, Defendants. Civ. No.: 2:16-cv-02606-JWL-GLR PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIMS COME NOW, Plaintiffs, by and through their counsel, hereby move this Court for an Order dismissing Defendants’ counterclaims for lack of jurisdiction which are alleged in Defendants’ Answer and Counterclaim. In support of this Motion, Plaintiffs submit the contemporaneously filed Memorandum in Support of Motion to Dismiss Defendant’s Counterclaims: WHEREFORE, Plaintiffs request that this Court issue an Order granting the following relief: 1) An Order dismissing Defendant’s Counterclaims for lack of subject matter jurisdiction; 2) An Order holding that Defendant’s Counterclaims are not compulsory counterclaims; 3) An Order refusing to exercise supplemental jurisdiction; and 4) For such other relief as this Court deems just, proper, and equitable. Case 2:16-cv-02606-JWL-GLR Document 10 Filed 01/13/17 Page 1 of 2 Page 2 of 2 Dated: January 13, 2017 Respectfully submitted, Osman & Smay LLP s/ Matthew E. Osman Matthew E. Osman KS # 23563 8500 W 110th St., Ste. 330 Overland Park, KS 66210 Tel: (913) 667-9243 Fax: (866) 470-9243 mosman@workerwagerights.com ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that on January 13, 2017, Plaintiff served the above and foregoing in accordance with the Federal Rules of Civil Procedure and/or the Local Rules upon all counsel of record via CM/ECF. s/ Matthew Osman Matthew Osman KS #23563 Osman & Smay LLP 8500 W 110th St., Ste. 330 Overland Park, KS 66210 Tel: (913) 667-9243 Fax: (866) 470-9243 mosman@workerwagerights.com ATTORNEY FOR PLAINTIFFS Case 2:16-cv-02606-JWL-GLR Document 10 Filed 01/13/17 Page 2 of 2
