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Kimberlin v. Patrick Frey

MOTION to Dismiss for Failure to State a Claimand Pursuant to Federal Rule 12

3 Cited authorities

  1. 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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  2. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,861 times   122 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

  3. Section 5-807 - SLAPP suits

    Md. Code, Cts. & Jud. Proc. § 5-807   Cited 8 times

    (a) In this section, "SLAPP suit" means a strategic lawsuit against public participation. (b) A lawsuit is a SLAPP suit if it is: (1) Brought in bad faith against a party who has communicated with a federal, State, or local government body or the public at large to report on, comment on, rule on, challenge, oppose, or in any other way exercise rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter