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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________
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NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)
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(5)) on the grounds of insufficiency of process in that Defendant, ____________________ was not
9 personally served with the summons and complaint, instead they were posted on their front door.
10 Therefore the purported service on Defendant was not valid or effective under Federal Rule of Civil
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Procedure 4 (Rule 4) and this Court should grant the motion to dismiss.
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This motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the attached Declaration of ___________ the complete files and records of this action,
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15 and such other and further oral and documentary evidence as may be presented at the hearing on this
16 Motion.
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18 Dated_________________________ _______________________________________
Any Attorney or Party
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NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed their complaint against Defendant on _____________ with causes of action for
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______________________________________. See complaint on file.
7 The proof of service filed by Plaintiff alleges that Defendant was personally served on
14 Defendant contends that the service on them was improper as it was not made in accordance
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with the provisions of Rule 4 of the Federal Rules of Civil Procedure, thus this Court should grant
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the motion to dismiss under Rule 12(b)(5) for insufficiency of process.
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21 situation.
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NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)