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Dixon et al v. Zabka et al

Memorandum in Support re MOTION to Dismiss the Second Amended Complaint in part, pursuant to Fed. R. Civ. P. 12

11 Cited authorities

  1. Thomas v. Ashcroft

    470 F.3d 491 (2d Cir. 2006)   Cited 363 times
    Holding that prison officials have a duty to provide an inmate with medication that treats the inmate's illness

  2. Viacom International v. Kearney

    212 F.3d 721 (2d Cir. 2000)   Cited 216 times
    Holding that under the first prong of the test, "the court must determine whether an absent party belongs in the suit, i.e., whether the party qualifies as a 'necessary' party under Rule 19."

  3. Universal Reinsurance v. St. Paul Fire Marine

    312 F.3d 82 (2d Cir. 2002)   Cited 66 times
    Upholding severance of counterclaims where Plaintiffs should have been aware of potential jurisdictional problems

  4. Mattera v. Clear Channel Communications, Inc.

    239 F.R.D. 70 (S.D.N.Y. 2006)   Cited 54 times   1 Legal Analyses
    Holding local controversy exception applicable because "the principal injuries. were incurred in New York."

  5. In re Helicopter Crash Near Wendle Creek, British

    485 F. Supp. 2d 47 (D. Conn. 2007)   Cited 13 times
    Finding no forfeiture of personal jurisdiction defense where defendant pled the defense in its answer but waited four months to file a motion to dismiss

  6. RBS Citizens, N.A. v. Portugal

    Civil Action No. 3:10 CV 1306 (AWT) (D. Conn. Sep. 14, 2011)   Cited 1 times

    Civil Action No. 3:10 CV 1306 (AWT). September 14, 2011 RULING RE MOTION TO DISMISS THIRD PARTY COMPLAINT AND COUNTERCLAIMS ALVIN THOMPSON, District Judge The plaintiff and counterclaim defendant, RBS Citizens N.A., and third party defendants RBS Securities, Inc., Citizens Financial Group, RBS Citizens, N.A., and Royal Bank of Scotland Group, PLC (collectively, "RBS Group") move to dismiss the counterclaim and third party complaint filed against them by defendant and third party plaintiff Jorge Portugal

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  9. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,092 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  10. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,616 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  11. Section 52-59b - Jurisdiction of courts over nonresident individuals, foreign partnerships and foreign voluntary associations. Service of process

    Conn. Gen. Stat. § 52-59b   Cited 238 times   2 Legal Analyses
    Listing criteria to include among others a non-resident defendant who “[t]ransacts any business within the state”