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Motion to Dismiss (Rule 12(b)(6))

Motion asking the court to dismiss a case for failure to state a claim upon which relief can be granted under FRCP Rule 12(b)(6).

Instructions

Instructions

  • Caption and Title: Include the full case caption and title the document clearly
  • Introduction: Briefly state why dismissal is warranted
  • Legal Standard: Cite the Iqbal/Twombly plausibility standard
  • Argument: Explain why the complaint fails to state a plausible claim
  • Conclusion: Request dismissal with or without prejudice
  • Memorandum of Law: Attach a supporting brief with case citations
  • Note: Must be filed before or with the Answer. Consult local rules for page limits and formatting.