Lu v. Hulme et al

Filing 9

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by George Hulme, Trustees of Boston Public Library. (Attachments: # 1 Defendants's Memorandum of Law in Support of Motion to Dismiss)(Driscoll, Caroline)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-11117-MLW

FRIEDRICH LU,
Plaintiff,
v.
GEORGE HULME, in his individual
capacity and in his official capacity,
TRUSTEES OF THE BOSTON PUBLIC
LIBRARY,
Defendants.

DEFENDANTS GEORGE HULME AND TRUSTEES OF THE BOSTON
PUBLIC LIBRARY’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
PURSUANT TO FED. R. CIV. P. 12(b)(6)

Now come the Defendants, George Hulme and the Trustees of the Boston Public
Library (collectively, “Defendants”) and hereby respectfully move this Honorable Court
pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss all counts set forth in the Plaintiff
Friedrich Lu’s Complaint against them.
As grounds for this Motion, Defendants state that the Complaint fails to articulate
a factual basis for his claims against the Defendants under 42 U.S.C. § 1983 (Count I)
and fails to set forth a viable claim under the Massachusetts Civil Rights Act, M.G.L. c.
12, § 11I.
Further grounds of support for dismissal are set forth in the accompanying
memorandum of law.

Respectfully submitted,
DEFENDANTS GEORGE HULME, in his
individual capacity and in his official capacity
and TRUSTEES OF THE BOSTON PUBLIC
LIBRARY

Date: July 5, 2012

William Sinnott
Corporation Counsel
By their attorneys:

/s/Caroline O. Driscoll_________
Caroline O. Driscoll, BBO# 647916
Assistant Corporation Counsel
City of Boston Law Department
City Hall, Room 615
Boston, MA 02201
[phone]

LOCAL RULE 7.1 CERTIFICATION
I hereby certify that on July 3, 2012 I emailed Plaintiff regarding the Defendants’
intention to file this Motion and attempted to resolve or narrow the issues raised in this
case. As of the time of filing, I have not received a response from Plaintiff.
I also certify that on July 5, 2012, I filed this document through the Court’s
CM/ECF system and that an electronic copy will be sent via email to those identified as
non-registered participants per agreement with Plaintiff.

/s/Caroline O. Driscoll
Caroline O. Driscoll

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