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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN
DIVISION
| THE TAUBMAN COMPANY LIMITED |
| PARTNERSHIP, |
| |
| Plaintiff, | |
| |
| | Civil Action No. 01-72987 |
| v. |
| | Honorable Lawrence P. Zatkoff |
| WEBFEATS and HENRY MISHKOFF, |
 |
Magistrate Judge Komives |
| |
| Defendants. | |
DEFENDANTS' EXPEDITED MOTION
TO DISMISS PLAINTIFF'S COMPLAINT
On August 7, 2001, Plaintiff entered a Complaint against Defendants in this Court. Plaintiff
claims to have effected a waiver of service via telephone; however, the Federal Rules of Civil
Procedure clearly require that such waiver must be effected in writing, which Plaintiff has failed
to do. As no proper service of the Complaint was ever effected, Defendants respectfully urge the
Court to dismiss the Complaint and to vacate the Preliminary Injunction that the Court has imposed
on Defendants.
If this motion is granted, all other motions pending in this case will be rendered moot.
Therefore, Defendants respectfully ask the Court to expedite this motion, and to consider it prior
to any and all other motions that may be pending in this case at this time.
Defendants requested concurrence in this motion, but Plaintiff's attorney did not concur.
This motion replaces a motion of the same name submitted to the Court by Defendants on October
22, 2001, and is submitted in response to instructions issued by the Court at a scheduling
conference conducted on November 13, 2001.
Respectfully submitted,
Henry Mishkoff
WebFeats
2661 Midway Road, #224-225
Carrollton, TX 75006
972.931.5421
Defendants (pro se)
Dated: November 15, 2001
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