§ Form 40 Motion to Dismiss Under Rule 12(b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of Process, or Failure to State a Claim

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Form 40. Motion to Dismiss Under Rule 12(b) for Lack of Jurisdiction, Improper Venue, Insufficient Service of Process, or Failure to State a Claim

     (Caption--See Form 1.) 

    The defendant moves to dismiss the action because:

    1. the amount in controversy is less than the sum or value specified by 28 U.S.C. § 1332;

    2. the defendant is not subject to the personal jurisdiction of this court;

    3. venue is improper (this defendant does not reside in this district and no part of the events or omissions giving rise to the claim occurred in the district);

    4. the defendant has not been properly served, as shown by the attached affidavits of _______; or

    5. the complaint fails to state a claim upon which relief can be granted.

(Date and sign--See Form 2.)