SUPERIOR COURT
OF THE
DISTRICT OF COLUMBIA<

BR> CIVIL DIVISION

WILLIAM THOMAS, et al.,
Plaintiffs,

v. Civil Action No. 1125-86

WASHINGTON TIMES, INC.,
Defendant.

DEFENDANT'S REPLY TO PLAINTIFFS. OPPOSITION TO MOTION TO DISMISS AND TO QUASH SERVICE OF PROCESS

In response to Plaintiffs' Opposition to the Motion to Dismiss and to Quash Service of Process, Defendant states as follows:

1. Although Plaintiffs assert that they have cured the deficiencies in service of process, they have not shown that service of process was obtained in accordance with Rule 4 of the Superior Court Rules of Civil Procedure.

2. Plaintiffs continue to name as Defendant the "Washington Times, Inc.As set forth in the Motion to dismiss, no such entity exists. Accordingly, Plaintiffs' Complaint must be dismissed.

3. Although Plaintiffs now assert that the Complaint states claims for numerous torts, neither Plaintiffs' original Complaint nor the re-filed Complaint (which does not alter the substantive allegations) states a cause of action for any of the various torts set forth in Plaintiff's opposition to Defendant' Motion to Dismiss. In particular, the Complaint fails to state a claim for intentional infliction of emotional distress and/or defamation. Because there is no proper claim for any underlying tort, there can be no cause of action for civil conspiracy.

For the reasons set forth above, as well as those contained in Defendant's Motion to Dismiss and to Quash Service of Process, Defendants respectfully request this Court to dismiss Plaintiffs' Complaint in its entirety and to grant such other relief as the Court deems appropriate.

Respectfully submitted,

/s/Lucinda J. Bach
ALIEN V. FARBER, Bar No. 912865
LUCINDA J BACH, Bar No. 375366
Schwalb, Donnenfeld, Bray & Silbert
A Professional Corporation
Suite 300 East
1025 Thomas Jefferson St., N.W.
Washington, D.C. 20007
(202) 965-7910
COUNSEL FOR DEFENDANT

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on the 31st. day of March, 1986, she served a true and correct copy of the foregoing Reply to Plaintiffs' opposition to Motion to Dismiss and to Quash Service of Process, by U. S. Mail with postage prepaid, as follows:

Mr. William Thomas
Apartment 410
1440 " Street, N.W.
Washington, D.C. 20005

/S/Lucinda J. Bach
LUCINDA J. BACH


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