§Why CasetextPricing

United States of America v. Sevier Valley Oil

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support

5 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,409 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Terry v. Hinds

    47 F. Supp. 3d 1265 (D. Utah 2014)   Cited 5 times
    Holding that a cease and desist order was appropriate, where the contract imposed a clear duty on Defendants to cease and desist

  4. Bernstein v. Apollo Grp., Inc.

    Case No. 5:13-CV-01701-LHK (N.D. Cal. Feb. 28, 2014)   Cited 5 times

    Case No. 5:13-CV-01701-LHK 02-28-2014 M. HELEN BERNSTEIN, Plaintiff, v. APOLLO GROUP, INC., et al., Defendant. LUCY H. KOH ORDER (1) GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART; (2) DENYING MOTIONS FOR JOINDER; (3) DENYING MOTIONS FOR ISSUANCE OF SUBPOENAS; AND (4) DENYING MOTIONS TO COMPEL DISCOVERY [Re: ECF Nos. 55, 96-97, 99, 101, 105-06, 160- 65, 169-71, and 173-82] Before the Court are (1) a motion to dismiss brought by Defendants Apollo Group, Inc

  5. 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 344,481 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss