(guide me to make this drafting assignment)

LA W O F F I C E M E M O R A N D U M

To : LGL

From:

Date:

Re: Drafting (Motion to Dismiss and Notice) Assignment

We have a new client. Melissa Baylor recently retained our firm to represent her in a civil lawsuit filed against her in the Eastern District of Virginia United States District Court (No. 24CV-1234). Melissa is the defendant in the case that arises out of a business dispute involving the sale of goods. The Plaintiff in the case is Barry Miller. After reviewing the complaint, we decided that the court lacks subject matter jurisdiction over the matter. The plaintiff asserted diversity jurisdiction under 28 U.S.C. 1332. We believe there is no complete diversity of citizenship between the parties and the amount in controversy does not exceed the required threshold. The Federal Rule of Civil Procedure 12(b)(1) allows for the dismissal of a case for lack of subject matter jurisdiction.

Please draft a Motion to Dismiss (MTD) based on Fed. R. Civ. P. 12 (b)(1). I will draft the accompanying memorandum of points and authorities. The MTD should be the basic request to the court that sets forth the requested action. Please ensure the case caption contains the necessary information, the request cites the Fed. R. Civ. P., and references the memorandum of points and authorities that will be attached. Please also ensure the relevant signature block is included with a certificate of service.

I also coordinated with the Clerk's Office to request a hearing on the motion. The hearing is scheduled at 1:00 pm on Tuesday, May 14, 2024, at the EDVA, Alexandria Courthouse. Please draft the accompanying Notice of the motion hearing. The notice is a separate document and should contain the necessary elements.

Please submit the separate documents in one file (with separate pages per document) starting with a short interoffice memo addressing the assignment. Your interoffice memo will be brief and introduce the reader to the case and assignment. The memo will also refer to the attachments.

Please also include a page that reads "Memorandum of Points and Authorities."