SANDLER v. CALCAGNI et al

Filing 20

REPLY to Response to Motion re 18 MOTION to Amend , Motion to Dismiss Defendants and Join Defendants filed by SHANA SANDLER. (KUBETZ, BERNARD)

SANDLER v. CALCAGNI et al Doc. 20 UNITED STATES DISTRICT COURT DISTRICT OF MAINE SHANA SANDLER, Plaintiff v. MIA CALCAGNI, EMET GABAR, JOHN DOE and/or JANE DOE, and BOOKSURGE, LLC, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-cv-00029 PLAINTIFF'S REPLY TO DEFENDANT BOOKSURGE, LLC'S OBJECTION TO PLAINTIFF'S MOTION TO DISMISS DEFENDANTS EMET GABAR, JOHN DOE AND JANE DOE AND JOIN DEFENDANTS RALPH CALCAGNI, MAUREEN CALCAGNI AND PETER MARS, AND TO AMEND COMPLAINT Defendant Booksurge's opposition sets forth its objection only to the alleged failure of Plaintiff's Amended Complaint to set forth with particularity the allegedly false and defamatory statements. Booksurge asserted the same position in its Answer to Plaintiff's original Complaint. Booksurge does not set forth a legitimate basis to deny Plaintiff's Motion. Its position more properly forms the basis for discovery requests directed to an identification of the specific defamatory statements in the book published by Booksurge. In addition, Booksurge does not oppose the dismissal of Defendants John Doe, Jane Doe and Emet Gabar or the joinder of Ralph Calcagni, Maureen Calcagni and Peter Mars as Defendants. Defendant Mia Calcagni has not timely objected to Plaintiff's Motion. Plaintiff's Motion is entirely consistent with this Court's March 15, 2007 Order. Accordingly, Plaintiff's Motion to Amend Complaint should be granted. Dockets.Justia.com Dated at Bangor, Maine, this 15th day of June, 2007. PLAINTIFF, Shana Sandler, BY___/s/ Bernard J. Kubetz_______________ Bernard J. Kubetz, Esq. Eaton Peabody P. O. Box 1210 80 Exchange Street Bangor, Maine 04402-1210 (207) 947-0111 bkubetz@eatonpeabody.com CERTIFICATE OF SERVICE I, Bernard J. Kubetz, hereby certify that on June 15, 2007, I electronically filed the foregoing Reply to Defendant's Objection to Plaintiff's Motion to Dismiss Defendants and Amend Complaint with the Clerk of the United States District Court using the CM/ECF system, which will send notification of such filing to the following: Bruce Mallonee, Esq. Rudman & Winchell, LLC 84 Harlow Street P. O. Box 1401 Bangor, Maine 04402-1401 Steven P. Wright, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP State Street Financial Center One Lincoln Street Boston, Massachusetts 02111-2950 2 and I hereby certify that on June 15, 2007, I mailed by United States Postal Service, the documents to the following non-registered participants: Matthew J. Segal, Esq. Stephen A. Smith, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP 925 Fourth Avenue Suite 2900 Seattle, WA 98104-1158 /s/ Bernard J. Kubetz___ Bernard J. Kubetz 3