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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BANK EXPRESS INTERNATIONAL, )

Plaintiff, )

)

v. ) CIVIL ACTION NO.: 02-CV- 4076

)

KANG, BANKCARD SERVICES, et al. )

Defendants )

 

DEFENDANTSí MOTION TO DISMISS AND STRIKE PLAINTIFFíS COMPLAINT

All defendants in this action, through undersigned counsel and pursuant to Fed. R. Civ. P.

12(b) (2) and 12(b)(3), move that plaintiffís complaint be dismissed and stricken, for lack of

jurisdiction over the persons of defendants, and improper venue. Pursuant to Fed. R. Civ. P.

12(e), defendants move that plaintiffís complaint be stricken, and for a more definite statement

with respect to defects in plaintiffís complaint.

All defendants object to the exercise of personal jurisdiction over them in this forum, and

venue in this forum. Personal jurisdiction does not exist, and can not be exercised, over any of

the defendants in this forum.

As set forth more fully in Defendantsí Memorandum of Law in support of this motion,

neither general jurisdiction nor specific jurisdiction exists with respect to any defendant in this

forum. For example, plaintiff has not demonstrated "continuous and substantial" activity in

Pennsylvania by any defendant. Plaintiff has likewise not demonstrated that the ìfocal pointî of

any of the acts or omissions plaintiff alleges by or on behalf of defendants was the

Commonwealth of Pennsylvania.

In addition, venue is not proper in this forum for the claims plaintiff seeks to assert

Case 2:02-cv-04076-SD Document 2 Filed 07/03/2002 Page 1 of 4
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against defendants.

As a result, all defendants move this Honorable Court to dismiss and strike plaintiffís

complaint in this action. In the alternative, all defendants move this Honorable Court to transfer

plaintiffís complaint, and this action, to the United States District Court for the Northern District

of California, a forum where jurisdiction and venue are proper for plaintiffís complaint and this

action. 

In support of their motion, Defendants rely upon the pleadings that have been filed in this

action, the exhibits attached to those pleadings, and Defendantsí Memorandum of Law and

exhibits thereto filed herewith and incorporated herein as though fully set forth herein.

Respectfully submitted,

The Law Firm David Oh, P.C.

_________________________

By: David H. Oh, Esquire

Stephen F. Brock, Esquire

Attorneys for Defendants

Dated: July 3, 2002

Case 2:02-cv-04076-SD Document 2 Filed 07/03/2002 Page 2 of 4
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CERTIFICATE OF SERVICE

I, Stephen F. Brock, Esquire, hereby certify that on July 3, 2002 I served a copy of

Defendantsí Motion To Dismiss and Strike The Complaint in this action, together with

Memorandum of Law, Exhibits thereto and proposed Order, by First Class Mail on the

following:

Douglas T. Gould, Esq.

Pizonka, McGrory, Reilly & McGrory, P.C.

144 E. Dekalb Pike

King of Prussia, PA 19406

 

Stephen F. Brock

Case 2:02-cv-04076-SD Document 2 Filed 07/03/2002 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BANK EXPRESS INTERNATIONAL, )

Plaintiff, )

)

v. ) CIVIL ACTION NO.: 02-CV- 4076

)

KANG, BANKCARD SERVICES, et al. )

Defendants )

 

ORDER

AND NOW, this day of , 2002, upon consideration of

Defendantsí Motion To Dismiss Plaintiffís Complaint, and any Opposition thereto, it is hereby

ORDERED that said motion is GRANTED. Plaintiffís complaint is hereby DISMISSED AND

STRICKEN. 

By the Court:

 ________________________

,J.

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