On June 19, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Foster, Ind. And On Behalf Of Others, Susan,
and
Detmers, Kirby,
Four County West, Inc,
for Contract / Business Cases
in the District Court of Hampshire County.
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COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT
DOCKET NO.: 1780CV00102
SUSAN FOSTER,
individually and on behalf of all others
similarly situated,
)
; HAMPSHIRE SUPERIOR couRT
Plaintiff, )
JAN 18 2018
v. )
NOWSKI, JR.
FOUR COUNTY WEST, INC. ) HARRY JEKA! f
and KIRBY DETNERS, ) CLERK/MAGISTRAT
and KIRBY DETMERS, )
} .
ES Dated: December 26,017
DEFENDANTS’ MOTION TO DISMISS COUNT Ill OF THE PLAINTIFFS’ FIRST
AMENDED COMPLAINT AS TO ALL DEFENDANTS AND COUNT IV AS TO
DEFENDANT KIRBY DETMERS
The Defendants, Four County West, Inc. d/b/a Griswold Home Care and Kirby Detmers,
by and through their undersigned counsel, hereby submit its Motion to Dismiss the Breach of
Contract Claim, Count IH of the Plaintiffs’ First Amended Complaint against both Defendants
and Count IV against Defendant Kirby Detmers pursuant to Massachusetts Rules of Civil
Procedure Rules 12(b)(6). The grounds for this Motion are more fully set forth at length in the
attached Memorandum of Law.Respectfully Submitted,
FOUR COUNTY WEST, INC.
d/b/a GRISWOLD HOME CARE
and KIRBY DETMERS
SULLIVAN, HAYES & QUINN, LLC
One Monarch Place, Suite 1200
Springfield, MA 01144-1200
Telephone: (413) 736-4538
Fax: (413) 731-8206
E-mail: Layla.Taylor@sullivanandhayes.com
Talia.Gee@sullivanandhayes.com
CERTIFICATE OF SERVICE
I hereby certify that on this 26" day December, 2017, I served a true and complete copy
of the foregoing Defendants’ Motion to Dismiss Count III of the Plaintiffs’ First Amended
Complaint as to all Defendants and Count IV as to Defendant Kirby Detmers, via electronic and
U.S. first class mail, postage prepaid, properly addressed upon counsel of record:
Raven Moeslinger, Esq.
Tallulah Q. Knopp, Esq.
Nicholas F. Ortiz, Esq. ©
Law Office of Nicholas F. Ortiz, P.C.
99 High Street, Suite 304
Boston, MA 02110
E-mail: RM@MASS-LEGAL.COM
aylor, Esq.
Document Filed Date
January 18, 2018
Case Filing Date
June 19, 2017
Category
Contract / Business Cases
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COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT DOCKET NO.: 1780CV00102 SUSAN FOSTER, individually and on behalf of all others similarly situated, ) ; HAMPSHIRE SUPERIOR couRT Plaintiff, ) JAN 18 2018 v. ) NOWSKI, JR. FOUR COUNTY WEST, INC. ) HARRY JEKA! f and KIRBY DETNERS, ) CLERK/MAGISTRAT and KIRBY DETMERS, ) } . ES Dated: December 26,017 DEFENDANTS’ MOTION TO DISMISS COUNT Ill OF THE PLAINTIFFS’ FIRST AMENDED COMPLAINT AS TO ALL DEFENDANTS AND COUNT IV AS TO DEFENDANT KIRBY DETMERS The Defendants, Four County West, Inc. d/b/a Griswold Home Care and Kirby Detmers, by and through their undersigned counsel, hereby submit its Motion to Dismiss the Breach of Contract Claim, Count IH of the Plaintiffs’ First Amended Complaint against both Defendants and Count IV against Defendant Kirby Detmers pursuant to Massachusetts Rules of Civil Procedure Rules 12(b)(6). The grounds for this Motion are more fully set forth at length in the attached Memorandum of Law.Respectfully Submitted, FOUR COUNTY WEST, INC. d/b/a GRISWOLD HOME CARE and KIRBY DETMERS SULLIVAN, HAYES & QUINN, LLC One Monarch Place, Suite 1200 Springfield, MA 01144-1200 Telephone: (413) 736-4538 Fax: (413) 731-8206 E-mail: Layla.Taylor@sullivanandhayes.com Talia.Gee@sullivanandhayes.com CERTIFICATE OF SERVICE I hereby certify that on this 26" day December, 2017, I served a true and complete copy of the foregoing Defendants’ Motion to Dismiss Count III of the Plaintiffs’ First Amended Complaint as to all Defendants and Count IV as to Defendant Kirby Detmers, via electronic and U.S. first class mail, postage prepaid, properly addressed upon counsel of record: Raven Moeslinger, Esq. Tallulah Q. Knopp, Esq. Nicholas F. Ortiz, Esq. © Law Office of Nicholas F. Ortiz, P.C. 99 High Street, Suite 304 Boston, MA 02110 E-mail: RM@MASS-LEGAL.COM aylor, Esq.