Aguiar v. Webb et al

Filing 7

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Barron Sheppard, Wendy Sheppard. (Attachments: # 1 Affidavit Affidavit of Barron Shepherd# 2 Affidavit Declaration of Wendy Shepherd)(Silverstein, Aaron)

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Aguiar v. Webb et al Doc. 7 Case 1:07-cv-11673-MLW Document 7 Filed 10/01/2007 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WILLIAM V. AGUIAR ) ) Plaintiff, ) ) v. ) ) FLOYD WEBB, BARRON SHEPHERD ) WENDY SHEPHERD, and ) ASHIDA KIM ) ) Defendants. ) Civil Action No. 07-11673-MLW CO-DEFENDANTS' MOTION TO DISMISS Defendant Barron Shepherd and Defendant Wendy Shepherd (collectively "Defendants") move that this Court dismiss this complaint for lack of personal jurisdiction and for failure to state a claim pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. As discussed in more detail in the accompanying Memorandum in Support, this action should be dismissed. Respectfully submitted, BARRON SHEPHERD WENDY SHEPHERD By their attorneys, /s/ Aaron Silverstein Aaron Silverstein (BBO# 660716) Arpiar M. Saunders (BBO# 664997) Saunders Silverstein & Booth LLP 172 State Street Suite 3 Newburyport, MA 01950 (978) 463-9100 asilverstein@ssbooth.com msaunders@ssbooth.com Dated: October 1, 2007 Dockets.Justia.com Case 1:07-cv-11673-MLW Document 7 Filed 10/01/2007 Page 2 of 2 CERTIFICATE OF CONSULTATION I, Aaron Silverstein, hereby certified that counsel for co-defendants, Barron and Wendy Shepherd, conferred in good faith with pro se plaintiff regarding this motion in an attempt to resolve or narrow the issues presented by this motion but no agreement was reached. /s/ Aaron Silverstein Aaron Silverstein CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing, and paper copies will be served via first-class mail to those indicated as nonregistered participants on October 1, 2007. /s/ Aaron Silverstein Aaron Silverstein

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