Kantar Market Research, IMRB International, Cavendish Square Holding, JWT and WPP, represented by Davis & Gilbert LLP, have filed a motion to dismiss the NDTV complaint that was filed on July 26, 2012 in the New York State Court.
In a letter of correspondence to New York Supreme Court Judge, Honourable Peter Sherwood, on August 28, 2012, WPP lawyers have said that “Due to the complex and voluminous nature of Plaintiff’s complaint, the Moving Defendants respectfully request permission to file a memorandum of law in support of their motion to dismiss, which is 49 pages. Not only is the Complaint 193 pages, with 654 paragraphs, but it contains 42 causes of action, 13 of which are asserted against the five Moving Defendants.”
The letter also said, “In addition to moving to dismiss each of these causes of action for failure to state a claim and failure to plead with the requisite specificity, the Moving Defendants also make the motion on grounds of insufficiency of service of process, lack of personal jurisdiction and on forum non conveniens grounds.”
Following this, the Notice of Motion to dismiss the verified Complaint in its entirety as against Moving Defendants, has been filed.
There are affidavits also filed on behalf of the V Hariharan, Astrid van Heulen-Mulder and Irving Ramos.
The notice stated: “Davis & Gilbert LLP, will move this Court... on September 13, 2012, at 9:30 a.m. o’clock in the forenoon, or as soon thereafter as counsel may be heard, for an Order...”
The five points mentioned in this are:
1. Dismissing the Complaint against all Moving Defendants ... for insuffiency of service of process
2. Dismissing the Complaint against Kantar India ... for lack of personal jurisdiction
3. Dismissing the Complaint against all Moving Defendants ... on the grounds of forum non conveniens
4. Dismissing the Complaint against all Moving Defendants ... for failure to plead with sufficient particularity
5. Dismissing the Complaint against all Moving Defendants ... for failure to state a cause of action