Sample Motion to Dismiss in United States District Court under Rule 12(b)(6)

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This sample motion to dismiss in United States District Court under Rule 12(b)(6) is filed on the grounds that the complaint fails to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), or in the alternative that Plaintiff should be required to provide a more definite statement under Federal Rule of Civil Procedure 12(e).   The sample is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.