IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

THE GREAT SEAL MOORISH SCIENCE : NO. 05-345 

TEMPLE OF AMERICA, INCORPORATED, : 

EMBRYO CIRCLE SEVEN MOORISH SCIENCE : 

TEMPLE OF AMERICA, INCORPORATED, : 

CONTINENTAL CONGRESS, MOORS ORDER : 

OF THE ROUND TABLE, MOORISH DIVE : 

AND NATIONAL MOVEMENT, AND ALL : 

MINISTERS CONSULS, MOORISH : 

NATIONALS, DIPLOMATS OFFSPRING, : 

AND FAMILY MEMBERS, CITIZENS, ET AL : 

v. : 

 : 

STATE OF NEW JERSEY; ASBURY PARK : 

POLICE DEPARTMENT; SGT. JOHN : 

BROYLES; OFFICER JOSEPH P. SPALLINA; : 

OFFICER JOHN P. SOSDIAN III; PATRICIA : JURY TRIAL DEMANDED 

GREEN, COURT CLERK, ET AL; WALL : 

TOWNSHIP POLICE DEPARTMENT; SGT. : 

LANCELOTTI; SGT. BROCKLEY, ET AL; : 

JIM’S TOWING; RICHARD’S AUTO BODY; : 

AND ALL CITY, COUNTY AND STATE : 

AGENTS, ET AL : 

O R D E R

AND NOW, this __ day of , 2005, upon consideration of Motion 

of Defendant Asbury Park Police Department, to Dismiss Plaintiffs’ Complaint Pursuant to 

Federal Rule of Civil Procedure 12(b)(6), and any Response thereto, it is hereby ORDERED and 

DECREED that Plaintiff's Complaint is dismissed. 

 

 

 U.S.D.C., J. 

 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 1 of 11
MARSHALL, DENNEHEY, WARNER, 

COLEMAN & GOGGIN Attorney for Defendant 

BY: John P. Gonzales, Esquire 

Identification Number 71265 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

(610) 292-4470 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

THE GREAT SEAL MOORISH SCIENCE : NO. 05-345 

TEMPLE OF AMERICA, INCORPORATED, : 

EMBRYO CIRCLE SEVEN MOORISH SCIENCE : 

TEMPLE OF AMERICA, INCORPORATED, : 

CONTINENTAL CONGRESS, MOORS ORDER : 

OF THE ROUND TABLE, MOORISH DIVE : 

AND NATIONAL MOVEMENT, AND ALL : 

MINISTERS CONSULS, MOORISH : 

NATIONALS, DIPLOMATS OFFSPRING, : 

AND FAMILY MEMBERS, CITIZENS, ET AL : 

v. : 

 : 

STATE OF NEW JERSEY; ASBURY PARK : 

POLICE DEPARTMENT; SGT. JOHN : 

BROYLES; OFFICER JOSEPH P. SPALLINA; : 

OFFICER JOHN P. SOSDIAN III; PATRICIA : JURY TRIAL DEMANDED 

GREEN, COURT CLERK, ET AL; WALL : 

TOWNSHIP POLICE DEPARTMENT; SGT. : 

LANCELOTTI; SGT. BROCKLEY, ET AL; : 

JIM’S TOWING; RICHARD’S AUTO BODY; : 

AND ALL CITY, COUNTY AND STATE : 

AGENTS, ET AL : 

MOTION OF DEFENDANT CITY ASBURY PARK POLICE DEPARTMENT’S, TO 

DISMISS PLAINTIFFS' COMPLAINT

PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

Defendant Asbury Park Police Department, by and through its undersigned counsel, 

Marshall, Dennehey, Warner, Coleman & Goggin and John P. Gonzales, Esquire, hereby file this 

Motion to Dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) 

and aver the following: 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 2 of 11
1. Plaintiffs have filed the present civil action against moving Defendant, arising out 

incidents that alleged occurred involving the Asbury Park Police Department. (A copy of 

Plaintiffs’ Complaint is attached hereto as Exhibit "A"). 

2. Plaintiffs have brought forth various allegations against all of the defendants, 

including the Defendant Asbury Park Police Department. It is not apparent based on the 

language of the Complaint all of the causes of action that plaintiffs have asserted. 

3. For the reasons more fully set forth in the Memorandum of Law, which is 

attached hereto and incorporated herein by reference, Plaintiffs’ Complaint should be dismissed 

with prejudice because Asbury Park Police Department is not a citizen of this venue and is a 

public entity within the State of New Jersey. 

WHEREFORE, moving Defendants respectfully request that this Honorable Court 

dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). 

 Respectfully submitted, 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 _s/JG847 ____ 

JOHN P. GONZALES, ESQUIRE 

Attorney for Defendants 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

610-292-4470 (Phone) 

610-292-0410 (Fax) 

jgonzales@mdwcg.com 

PA 71265 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 3 of 11
MARSHALL, DENNEHEY, WARNER, 

COLEMAN & GOGGIN Attorney for Defendant 

BY: John P. Gonzales, Esquire 

Identification Number 71265 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

(610) 292-4470 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

THE GREAT SEAL MOORISH SCIENCE : NO. 05-345 

TEMPLE OF AMERICA, INCORPORATED, : 

EMBRYO CIRCLE SEVEN MOORISH SCIENCE : 

TEMPLE OF AMERICA, INCORPORATED, : 

CONTINENTAL CONGRESS, MOORS ORDER : 

OF THE ROUND TABLE, MOORISH DIVE : 

AND NATIONAL MOVEMENT, AND ALL : 

MINISTERS CONSULS, MOORISH : 

NATIONALS, DIPLOMATS OFFSPRING, : 

AND FAMILY MEMBERS, CITIZENS, ET AL : 

v. : 

 : 

STATE OF NEW JERSEY; ASBURY PARK : 

POLICE DEPARTMENT; SGT. JOHN : 

BROYLES; OFFICER JOSEPH P. SPALLINA; : 

OFFICER JOHN P. SOSDIAN III; PATRICIA : JURY TRIAL DEMANDED 

GREEN, COURT CLERK, ET AL; WALL : 

TOWNSHIP POLICE DEPARTMENT; SGT. : 

LANCELOTTI; SGT. BROCKLEY, ET AL; : 

JIM’S TOWING; RICHARD’S AUTO BODY; : 

AND ALL CITY, COUNTY AND STATE : 

AGENTS, ET AL : 

MEMORANDUM OF LAW IN SUPPORT OF

MOTION OF ASBURY PARK POLICE DEPARMENT’S

TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO

FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

 

I. BACKGROUND: 

Plaintiffs have filed a Complaint which is vague and ambiguous as to the exact causes of 

action which the plaintiffs seek relief. Essentially, it appears that plaintiffs are alleging false 

arrest and violation of various civil rights, although an individual plaintiff is not actually named 

in the Complaint. Rather, various organizations are the named plaintiffs. 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 4 of 11
Notwithstanding this apparent flaw, plaintiffs fail to cite any specific statutes or laws that 

the defendants violated. Moreover, plaintiffs have asserted a cause of action against a public 

entity from the State of New Jersey, named the Asbury Park Police Department. Because this 

court lacks jurisdiction to entertain this lawsuit because the Asbury Park Police Department is 

not a resident of this venue, the motion to dismiss must be granted. 

II. STANDARD OF REVIEW: 

Federal Rule of Civil Procedure 12(b)(6) permits a Court to dismiss all or part of an 

action for failure to state a claim upon which relief can be granted. In ruling on a 12(b)(6) 

Motion, the Court must accept as true all well pleaded allegations of fact, and any reasonable 

inferences that may be drawn therefrom, in the Plaintiff’s Amended Complaint and must 

determine whether “under any reasonable reading of the pleadings, the Plaintiff may be entitled 

to relief.” Nami v. Fauver, 82nd F.3d 63, 65 (3rd Cir. 1996). “The Amended Complaint will be 

deemed to have alleged sufficient facts if it adequately puts the defense on notice of the essential 

elements of the Plaintiff’s cause of action.” Id.

Although the Court must construe the Amended Complaint in the light most favorable to 

the Plaintiff, it need not accept as true legal conclusions or unwarranted factual inferences. 

Claims should be dismissed under Rule 12(b)(6) only if “it appears beyond doubt that the 

Plaintiff can prove no set of facts in support of her claim which would entitle her to relief.” Id.

III. ALLEGATIONS IN PLAINTIF'S’ COMPLAINT: 

Plaintiffs’ Complaint curiously does not contain specific counts against moving 

Defendants. Throughout this Complaint, plaintiffs make various vague and ambiguous 

allegations against the moving defendant without providing specifics as to the statute and/or law 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 5 of 11
which the allegations are based on. It is thus impossible to guess as to the causes of action 

brought by the plaintiffs. 

IV. ARGUMENT: 

Plaintiff’s Complaint Must Be Dismissed For Improper Venue 

Plaintiffs have brought suit against Moving Defendant in the Eastern District of 

Pennsylvania. Moving Defendant is a public entity in the State of New Jersey only. 

"The district court of a district in which is filed a case laying venue in the wrong division 

or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or 

division in which it could have been brought." 28 U.S.C. § 1406(a). A defendant may assert 

improper venue in a motion to dismiss. Fed. R. Civ. P. 12(b)(3). Venue is clearly improper in 

this court and in violation of 28 USC § 1391 (b). Moreover, Plaintiffs have failed to state why 

venue is proper in this court. 

28 USC § 1391 (b) states: 

A civil action wherein jurisdiction is not founded solely on diversity of citizenship 

may, except as otherwise provided by law, be brought only in (1) a judicial 

district where any defendant resides, if all defendants reside in the same State, (2) 

a judicial district in which a substantial part of the events or omissions giving rise 

to the claim occurred, or a substantial part of property that is the subject of the 

action is situated, or (3) a judicial district in which any defendant may be found, if 

there is no district in which the action may otherwise be brought. 

Moving Defendant is a public entity within the State of New Jersey, therefore, venue is 

not proper. Accordingly, Moving Defendant requests that Plaintiffs’ Complaint be dismissed 

due to improper venue. 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 6 of 11
WHEREFORE, moving Defendant respectfully requests that this Honorable Court grant 

moving Defendant’s Motion to Dismiss Plaintiffs’ Complaint Pursuant to Federal Rule of Civil 

Procedure 12(b)(6) and dismiss Plaintiffs’ Complaint with prejudice. 

 Respectfully submitted, 

 

MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 _s/JG847 ____ 

JOHN P. GONZALES, ESQUIRE 

Attorney for Defendants 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

610-292-4470 (Phone) 

610-292-0410 (Fax) 

jgonzales@mdwcg.com 

PA 71265 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 7 of 11
MARSHALL, DENNEHEY, WARNER, 

COLEMAN & GOGGIN Attorney for Defendant 

BY: John P. Gonzales, Esquire 

Identification Number 71265 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

(610) 292-4470 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

THE GREAT SEAL MOORISH SCIENCE : NO. 05-345 

TEMPLE OF AMERICA, INCORPORATED, : 

EMBRYO CIRCLE SEVEN MOORISH SCIENCE : 

TEMPLE OF AMERICA, INCORPORATED, : 

CONTINENTAL CONGRESS, MOORS ORDER : 

OF THE ROUND TABLE, MOORISH DIVE : 

AND NATIONAL MOVEMENT, AND ALL : 

MINISTERS CONSULS, MOORISH : 

NATIONALS, DIPLOMATS OFFSPRING, : 

AND FAMILY MEMBERS, CITIZENS, ET AL : 

v. : 

 : 

STATE OF NEW JERSEY; ASBURY PARK : 

POLICE DEPARTMENT; SGT. JOHN : 

BROYLES; OFFICER JOSEPH P. SPALLINA; : 

OFFICER JOHN P. SOSDIAN III; PATRICIA : JURY TRIAL DEMANDED 

GREEN, COURT CLERK, ET AL; WALL : 

TOWNSHIP POLICE DEPARTMENT; SGT. : 

LANCELOTTI; SGT. BROCKLEY, ET AL; : 

JIM’S TOWING; RICHARD’S AUTO BODY; : 

AND ALL CITY, COUNTY AND STATE : 

AGENTS, ET AL : 

CERTIFICATE OF SERVICE

 I, John P. Gonzales, Esquire, do hereby certify that a true and correct copy of 

Motion of Defendant, Asbury Park Police Department, to Dismiss Plaintiffs’ Complaint Pursuant 

to Federal Rule of Civil Procedure 12(b)(6), was served upon Plaintiffs by Certified Mail and 

Overnight Mail and all other parties by first class mail on February 18, 2005 at the following 

addressees: 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 8 of 11
Post Office Box 55 

Asbury Park, New Jersey 07712 

MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 _s/JG847 ____ 

JOHN P. GONZALES, ESQUIRE 

Attorney for Defendants 

Suite 1002, One Montgomery Plaza 

Norristown, PA 19401 

610-292-4470 (Phone) 

610-292-0410 (Fax) 

jgonzales@mdwcg.com 

PA 71265 

Case 2:05-cv-00345-GEKP Document 2 Filed 02/17/05 Page 9 of 11
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