Paige v. Colgate et alMOTION TO DISMISS FOR FAILURE TO STATE A CLAIMN.D. Ind.June 21, 2017UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION JENÁ K. PAIGE, ) ) Plaintiff, ) ) v. ) ) U.S. PATIENT AND TRADEMARK OFFICE, ) CASE NO. 1:17-CV-000171-TLS-SLC COLGATE, WALGREENS, WAL-MART, ) ORAL-B, CONAIR, AMERICAN DENTAL ) ASSOCIATION, KROGERS, ) ) Defendants. ) DEFENDANT ORAL-B’S MOTION TO DISMISS Defendant Oral-B1, by counsel, respectfully moves the Court to dismiss with prejudice Plaintiff’s Civil Complaint of Corruption and Racketeering (“Complaint”) pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim against Defendant Oral-B upon which relief can be granted. Plaintiff has failed to state a plausible claim under Federal Rule of Civil Procedure 8(a), has failed to plead with sufficient particularity as required under Federal Rule of Civil Procedure 9(b) for a RICO claim, and has not stated any facts that support the required elements of an Indiana RICO claim. Oral-B is not mentioned in the Complaint except in the caption. No specific facts allege any actions by Oral-B, let alone actions that violate Indiana’s RICO statute. Therefore, the Complaint should be dismissed with prejudice. 1 Oral-B is not a legal entity but is a trademarked brand belonging to The Procter & Gamble Company. USDC IN/ND case 1:17-cv-00171-TLS-SLC document 73 filed 06/21/17 page 1 of 3 2 Oral-B moves to dismiss for the bases set forth in the briefs of its Co-Defendants, and in further support of Oral-B’s Motion to Dismiss and in compliance with N.D. Ind. L.R. 7-1(b)(1), Oral-B also submits its Brief in Support. WHEREFORE, Oral-B, by counsel, respectfully moves the Court for an Order dismissing the Complaint with prejudice and providing Oral-B all other just and proper relief. Respectfully submitted, ICE MILLER LLP /s/ Stephen E. Reynolds Stephen E. Reynolds, Atty. No. 28032-49 Gregory W. Pottorff, Atty. No. 30089-49 Attorneys for The Procter & Gamble Company, improperly named as Oral-B ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 T: (317) 236-2100 F: (317) 236-2219 USDC IN/ND case 1:17-cv-00171-TLS-SLC document 73 filed 06/21/17 page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this 21st day of June, 2017 by electronically filing the same with the Clerk of the Court using the CM/ECF system. I hereby certify that a copy of the foregoing was served this 21st day of June, 2017 by U.S. Mail to the following pro se Plaintiff: Jená K. Paige 7830 Claridge Place Fort Wayne, IN 46825 /s/ Stephen E. Reynolds Stephen E. Reynolds ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 (317) 236-2100 I\12024254.3 USDC IN/ND case 1:17-cv-00171-TLS-SLC document 73 filed 06/21/17 page 3 of 3
