I need an example/sample of a properly pleaded "federal motion to dismiss."
My assignment is to draft a motion to dismiss in the federal district
court (ninth circuit) following the local rules of court, the Federal
Rules of Court/Federal Rules Of Civil Procedure.  The fact pattern is
very similar to Grove v. Mead School District 753 F.2nd 1528 (1985) I
JUST NEED A PROPER FORMATTED SAMPLE.

I am to draft a motion to dismiss representing the Mead School
District with just some small facts that were changed. I don't need it
written, I just would love to see a sample of a similar federal motion
to dismiss.  If you can't find that, ANY PROPERLY FORMATTED MOTION TO
DISMISS will due.  I can't find squat and the Law of diminishing
returns set in a week ago!  The exact location of the school is
Mead,WA 99021.
The following items must be included in my motion:
1) Name of designation and jurisdiction of where motion should be filed.
2) Name/and or designation of parties represented 
3)****NOTICE OF DATE OF HEARING*****(separate document, I can't find anything)
4) Statement of grounds for motion
5) Memorandum of points and authorities to support motion (hoefully around 2 pages.
6) Conclusion which incorporates requested relief
7) Declaration if required by federal rules 

HELP!  I'm so frustrated!!!

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Request for Question Clarification by pafalafa-ga on 08 Apr 2005 17:18 PDT

Dear frustrated,

Well...that's what Google Answers is for, after all.

Have a look at this link:


http://securities.stanford.edu/1023/HWP02-01/20020107_o01n_014983.pdf


and let me know if it's the type of thing you're looking for (and if
it's not, what else do you need?).

Thanks,

pafalafa-ga

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Clarification of Question by nihilator-ga on 08 Apr 2005 17:53 PDT

Hi, Thanks for the quick response.

Something tells me that motion is not filed according to the Federal
Rules of Civil Procedure.  It seems nobody really does, but *I* have
too.  The format of the pleading is not correct.  Don't get me wrong,
that's a heck of a lot further than I got, but I need the PROPER
Format of the pleading, and preferrably one involving a civil rights
issue as is my case (Religion in school text books)

Thanks!

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Request for Question Clarification by pafalafa-ga on 08 Apr 2005 18:10 PDT

I don't know if we'll get EVERYTHING all together in one filing, but
what about this one:


http://www.welcomehome.org/rainbow/nfs-regs/florida/osceola/default.html


Does that look more formal, at least as far as the rules go...?


paf

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Clarification of Question by nihilator-ga on 08 Apr 2005 19:34 PDT

Hi, No, that isn't even on pleading paper.  I think the best way is to
finf a 2005 case because if the pleading/motion was written correctly,
it wiuld include any new rules of court, rules of fed. procedure etc. 
Sorry to be so picky, but there just has to be a motion to dismiss out
there somewhere that is `drafted properly, ie, according to the rules.
 (Local, FRCP, Fed. rules of Court).  Now you know why I am
frustrated.

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Clarification of Question by nihilator-ga on 08 Apr 2005 19:59 PDT

And don't worry about your time spent.  It's not due till next
Thursday, and I tip well if I feel somebody has gone too far than my
price.  Also, keep in mind I need the ninth circuit federal court
(northern district) format.  Every court has different rules of court,
even local, in addition to the different federal rules of civil
procedure in each district. So we need to stay away from Florida. I
could post the rules but thst's not easy to do in this message.  You
can search "federal district courts ninth circuit" to find the court
rules in a giffy.  Thanks for all your help!

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Request for Question Clarification by pafalafa-ga on 09 Apr 2005 05:49 PDT

nihilator-ga,

You are one tough customer...but no problem, I like the challenge.

Try these two.  They look good to me:


https://s51.yousendit.com/d.aspx?id=1IQPYLHV54IF505NY66M8H5EQY 

https://s51.yousendit.com/d.aspx?id=1RTY6IOI76SBI3SSN5WM7CO0J7


Save these to your local computer, as these links will expire in about a week.

Let me know what you think.

paf

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Clarification of Question by nihilator-ga on 11 Apr 2005 22:51 PDT

Paf, see below errrr above...  Thanks

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Request for Question Clarification by pafalafa-ga on 14 Apr 2005 19:06 PDT

So....Tuesday's come and gone.  How're things going?

paf

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Clarification of Question by nihilator-ga on 16 Apr 2005 19:08 PDT

Hey Paf,

It didn't go so well.  The instructor dinged me for not having enough
relevant points and authorities.  Any ways, your job is done :-) 
Thank you.

Now I need to figure out where the pay Paf button is.

nihilator-ga,

Thanks for getting back to me.

sorry to hear about the dings, but I must say...this was one tough
assignment.  It was quite tricky researching it at my end, and I don't
suppose it was much easier from where you're sitting either.

Now that I've posted a formal answer to your question, payment will
happen automatically, so no need to worry about that.

I'm glad the links and resources I provided were of value to you.  I
explored several sources -- Lexis, Pacer, Google -- but the best
source turned out to be the individual websites of the Circuit courts
themselves, as they often contained case material with online dockets,
so that individual filings of motions, etc were accessible and (to
some extent) even searchable.

If there's anything else you need on this, just let me know by posting
a Request for Clarification, and I'm at your service.

All the best,

pafalafa-ga

why are you trying to dismiss the case? no jurisdiction? failure to
state a claim? something technical (statute of limitations, etc.)?

The fact pattern is very similar to Grove v. Mead School District 753
F.2nd 1528 (1985) I JUST NEED A PROPER FORMATTED SAMPLE.

I have an assignment to prepare a Federal Motion to dismiss a fact
pactern very similar to the case above.  In fact, it is the case
above, but 2 facts have changed.  I can dismiss on all legal grounds,
I still need to look up what they are (I have most of them) but this
assignment is getting difficult because I need a 1st Ammendment case
to follow.  This case is about a mom's daughter who was given a book
report, and the book mentioned God.  She sued the Mead School district
on the grounds that her 1st ammendment rights had been violated. 
Freedom
From Religion.  I'm more concerned and about the format right now, and
that I follow the correct rules of court and FRCP, local rules etc. 
I've only prepared California pleadings, not Fed.  Paf, hang in there,
I'll let you know where I am at on Tuesday night.  Hope to have it
done.  (Yeah right)