Dorrell et al v. Proskauer Rose Llp et al

Motion to Dismiss for Failure to State a Claim

N.D. Tex.September 15, 2016

101466067 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SANDRA DORRELL and PHILLIP A. WILKINSON, individually and on behalf of a class of all others similarly situated, Plaintiffs § § § § § § § § § § v. PROSKAUER ROSE, LLP and THOMAS J. SJOBLOM, Defendants. NO. 3:16-cv-01152-N THOMAS V. SJOBLOM MOTION TO DISMISS PLAINTIFFS’ ORIGINAL COMPLAINT Defendant Thomas V. Sjoblom (“Sjoblom”), by and through counsel, hereby moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the Original Complaint in its entirety for failure to state a clim upon which relief can be granted. This matter was previously automatically stayed as to Mr. Sjoblom because he filed for bankruptcy on May 31, 2014. In re Sjoblom, No. 14-00329 (Bankr. D.D.C.). Mr. Sjoblom responds to the Complaint now that he has been served by Plaintiffs.1 Mr. Sjoblom hereby adopts and incorporates herein the arguments submitted by Defendant Proskauer Rose, LLP (“Proskauer”) in its Motion to Dismiss and supporting briefs and appendices (Dkt. Nos. 12, 13, 27). As set forth in more detail in those briefs and appendices, Plaintiffs’ claims are not viable because they are barred by the doctrine of attorney immunity as well as time barred. Plaintiffs’ claims for aiding and abetting violations of the TSA fail for the 1 Mr. Sjoblom was not served at the same time as Prokauer because of his then pending bankruptcy. On June 14, 2016, the U.S. Bankruptcy Court for the District of Columbia signed a Second Stipulation and Agreed Order Granting Relief from Stay to Permit Movants to Pursue Claims to the Extent Available from Insurance Proceeds applicable to the Dorrell action. This lifted the stay. Mr. Sjoblom was served with the Original Complaint on September 1, 2016. Thus, Mr. Sjoblom’s response to the Original Complaint is timely filed, and in fact early, to avoid causing any delay in the disposition of motions to dismiss due to lack of service of process on all parties. Case 3:16-cv-01152-N Document 31 Filed 09/15/16 Page 1 of 2 PageID 809 101466067 -2- independent reason that they are barred by the statutes of repose applicable to those claims. For these reasons, Mr. Sjoblom respectfully requests that the Court dismiss Plaintiffs’ Original Complaint with prejudice. Date: September 15, 2016 Respectfully submitted, POLSINELLI PC By: /s/ William B. Mateja William B. Mateja Texas Bar No. 13185350 mateja@polsinelli.com 2950 N. Harwood St., Suite 2100 Dallas, Texas 75201 Telephone: (214) 754-5751 Facsimile: (214) 397-0033 -and- DENTONS US LLP By: /s/ Christina M. Carroll Joshua R. Hochberg (Admitted Pro Hac Vice) Christina M. Carroll (Admitted Pro Hac Vice) joshua.hochberg@dentons.com christina.carroll@dentons.com 1900 K Street N.W. Washington, DC 20006-1108 Telephone: (202) 496-7400 Facsimile: (202) 496-7756 Attorneys for Defendant Thomas V. Sjoblom Case 3:16-cv-01152-N Document 31 Filed 09/15/16 Page 2 of 2 PageID 810