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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

FILE NO. 3:12-CV-415


DATA DRIVEN SAFETY, INC.,


v.

DRIVER’S HISTORY, INC.,



Plaintiff,

Defendant.










PLAINTIFF DATA DRIVEN SAFETY,
INC.’S MOTION TO STRIKE ANSWER
AND COUNTERCLAIM OR, IN THE

ALTERNATIVE, MOTION TO
DISMISS COUNTERCLAIM



NOW COMES Plaintiff Data Driven Safety, Inc. (“DDS” or “Plaintiff”), by and through

its undersigned counsel, and hereby moves pursuant to Federal Rule of Civil Procedure 12(f) to

strike the Answer and Counterclaim filed by third-party Driver’s History Information Sales, LLC

(“DHIS”). In the alternative, Plaintiff DDS moves pursuant to Federal Rule of Civil Procedure

12(b)(6) to dismiss third-party DHIS’s Counterclaim. This motion is made on the grounds set

forth in the memorandum of law filed contemporaneously herewith.

Wherefore, Plaintiff DDS respectfully prays the Court as follows:

1. That the Court strike the Answer and Counterclaim filed by third-party DHIS;

2. Or, in the alternative, that the Court dismiss the Counterclaim filed by third-party

DHIS; and

3. That the Court grant such other and further relief as it deems just and proper.

Case 3:12-cv-00415-RJC-DCK Document 17 Filed 02/11/13 Page 1 of 3

Respectfully submitted, this the 11th day of February, 2013.








MCGUIREWOODS LLP

By:_/s Lauren B. Loftis________
Brian A. Kahn
N.C. Bar No. 29291
Lauren B. Loftis
N.C. Bar No. 41391
201 North Tryon Street, Suite 3000 (28202)
Post Office Box 31247
Charlotte, North Carolina 28231
Telephone: 704-343-2356
Facsimile: 704-343-2300

Attorneys for Plaintiff Data Driven Safety, Inc.

Case 3:12-cv-00415-RJC-DCK Document 17 Filed 02/11/13 Page 2 of 3

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CERTIFICATE OF SERVICE

This is to certify that the undersigned has this 11th day of February, 2013, served the

foregoing PLAINTIFF DATA DRIVEN SAFETY, INC.’S MOTION TO STRIKE
ANSWER AND COUNTERCLAIM OR, IN THE ALTERNATIVE, MOTION TO
DISMISS COUNTERCLAIM on all parties and/or attorneys of record via the CM/ECF
system as follows:


Jason B. James
Email: [email protected]

Karen H. Chapman
Email: [email protected]

Joshua B. Durham
Email: [email protected]

ATTORNEYS FOR DEFENDANT



















/s/ Lauren B. Loftis







Case 3:12-cv-00415-RJC-DCK Document 17 Filed 02/11/13 Page 3 of 3

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