Motion,Ex Parte: Merriam, Diane et al vs. West Brookfield Rescue Squad, Inc. et al

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COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT

WORCESTER, SS DOCKET NO. 1885CV01016-D,
DIANE MERRIAM, and BOARD OF DIRECTORS OF I
THE WEST BROOKFIELD RESCUE SQUAD
REBECCA DILBOY, MELYSSA TAYLOR,

DIANE MERRIAM and LOR? MERRIAM, on behalf

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of WEST BROOKFIELD RESCUE SQUAD, INC. ) i
Pat FILED
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4897 28

ATTEST: Ae i ih
CLERK

v.
WEST BROOKFIELD RESCUE SQUAD, INC.,

and DANIEL MCALL,
Defendants.

DEFENDANT DANIEL MCCALL’S MOTION TO DISMISS LSOt
The Defendant, Daniel McCall (hereinafter “McCall”) hereby respectfully moves to

dismiss the “Board of Directors of The West Brookfield Rescue Squad Rebecca Dilboy, Melyssa
Taylor, Diane Merriam and Lori Merriam, on behalf of West Brookfield Rescue Squad” as
named Plaintiffs on the ground that the Plaintiffs lacked standing, and continue to lack standing
to initiate the instant lawsuit on behalf of the West Brookfield Rescue Squad Board of Directors
and the West Brookfield Rescue Squad. Defendant McCall has contemporaneously filed a
Memorandum of Law in support of the instant motion to dismiss."

For all of the reasons set forth herein and in the accompanying memorandum of law, the
West Brookfield Rescue Squad and Daniel McCall respectfully requests that the Court grant the
pending Motions to Dismiss the “Board of Directors of The West Brookfield Rescue Squad

Rebecca Dilboy, Melyssa Taylor, Diane Merriam and Lori Merriam, on behalf of West

! Defendant Daniel McCall was served with the instant lawsuit on October 2, 2018. In response,
Defendant McCall adopts the arguments made in Defendant West Brookfield Rescue Squad’s

motion to dismiss dated July 10, 2018, which was thereafter supplemented by the West
Brookfield Rescue Squad’s memoranda dated August 7, 2018 and September 8, 2018.

1Brookfield Rescue Squad” as named Plaintiffs and deny preliminary injunctive relief because the

sole remaining Plaintiff, Diane Merriam, would not have standing to bring such an action.

Dated: January 4, 2019
Hartford, CT

Counsel for Defendant,
Dan McCall

 

   

Cindy M. Cieslak, Esq., BBO#685498
Rose Kallor,
750 Main Street, Suite 1108-3
Hartford, CT 06103

(860) 361 7999

ccieslak@rosekallor.comCERTIFICATION

I certify that a copy of this document was delivered electronically on November 6, 2018
to all attorneys and self-represented parties of record and to all parties ‘who have not appeartd i in
this matter and that written consent for electronic delivery was received from all attorneys and
self-represented parties receiving electronic delivery.

I further certify that the conference required by Superior Court Rule 9C was notfheld
despite reasonable efforts by the undersigned to initiate the conference. The undersigned
emailed Attomey Ashworth on January 2, 2019 at 10:46 a.m. indicating that the instant motion
was servéd on November 6, 2018 and no opposition was received by the undersigned pursuant to’
Superior Court Rule 9A. Given that the motion was retumed by the Court, the undersigned
indicated that she wanted to initiate a Rule 9C conference prior to refiling the instant motion|with
the Court. On January 2, 2019, at approximately 1:15 p.m., the undersigned called Attorney
Ashworth and left a voicemail requesting a Rule 9C conference. The undersigned again called
Attorney Ashworth on January 3, 2019 at 4:50 p.m. and left a voicemail requesting a Rule 9C
conference. As of January 4, 2019, the undersigned has received neither an opposition to the
instant motion to dismiss from Plaintiffs nor a return phone call or email from Plaintiffs’ counsel.
An affidavit attesting to these facts is filed herewith in accordance with Rule 9A.

 

David E. Ashworth, Esq.
Attorney at Law

35 West Main Street

West Brookfield, MA 01585

Email: d_evan_ashworth@yahoo.com

Cindy M. Cieslak