“Conley versus Gibson is clear in that respect, your honor,” I paused, waiting for a response that didn’t come.“You seem to have all the answers. You’re just like your father,” he sighed.“I don’t ever have all of the answers, your honor. I do, from time to time, have the right answers. Specifically, I’ll file a motion 12 (b) (6) in accordance with the Federal Rules of Criminal Procedure in anticipation of a dismissal,” I spoke in a clear and concise manner.I hesitated and waited for his verbal confirmation. A heavy sigh through the speaker of my desk phone signified his prolonged response was exactly what I had hoped for. I pressed my hands together and waited to hear him say it.“File the motion, counsel. You are correct. It appears the plaintiff did not state a claim for which relief can be granted. Is that all, Vivian?” his voice faded as I heard papers shuffling over the phone.“Yes, your honor,” I responded.“Advise your father I asked of his welfare, will you?”
