27 Jan Assume that you were a paralegal working for associate in a law firm and you have been tasked with one of the below internal memo assignments.
Assume that you were a paralegal working for associate in a law firm and you have been tasked with one of the below internal memo assignments.
Review the fact pattern from Week 4 dealing with Mr. Varney’s daughter who was bitten by a dog in New York. Assume that Mr. Varney, a citizen of Alabama, filed a complaint in the United States District for the Southern District of New York based on diversity of citizenship against the dog owners, who are citizens of New York, and the hotel, owned by a corporation with headquarters in Delaware. Assume now that you are working for a law firm that is representing the hotel. The hotel has asked your firm to file a motion to dismiss the complaint for its failure to state a claim; you have been tasked with writing that motion. Please assume the United States District for the Southern District of New York possesses personal and subject matter jurisdiction. Also, assume the case was filed in the proper venue and that the court possesses personal and subject matter jurisdiction.
Do some research into the standard of review that the district court judge will apply when evaluating the hotel’s motion to dismiss. Locate the applicable cases and Rules of Civil Procedure that the district court judge may review when making his or her decision on the motion to dismiss. Then, provide outline what additional information you would need to learn about the complaint to assess whether to file the motion to dismiss on behalf of the hotel. Organize your findings and recommendation in the form of a short internal memo.
