Butler v. BaloliaMOTION for Summary JudgmentD. Mass.September 8, 2016IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS DAVID BUTLER, Plaintiff, v. SHIRAZ BALOLIA, Defendant. CIVIL ACTION NO. 12-CV-11054-MLW U.S. Magistrate Judge Dein DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Pursuant to Fed. R. Civ. P. 56 and Local Rules 7.1 and 56.1, Defendant Shiraz Balolia hereby moves that this Court grant summary judgment in favor of Defendant as to Counts I, II, and III, the remaining counts in Plaintiff’s Second Amended Complaint (Dkt. No. 67).1 For reasons more fully described in Defendant’s Memorandum in Support of his Motion for Summary Judgment and Statement of Undisputed Facts, filed herewith, there is no genuine dispute of material fact to be tried, and Counts I-III can be dismissed as a matter of law. WHEREFORE, Defendant Shiraz Balolia respectfully requests that this Court grant this Motion for Summary Judgment, dismissing Counts I-III of the Second Amended Complaint, and grant such other and further relief as this Court deems just and reasonable. 1 The Second Amended Complaint had four counts. This Court has previously granted Mr. Balolia’s motion to dismiss Count IV. See Dkt. No. 106. Case 1:12-cv-11054-MLW Document 114 Filed 09/08/16 Page 1 of 2 2 Dated: September 8, 2016 Respectfully submitted, SHIRAZ BALOLIA, By his attorneys, /s/ Laura L. Carroll Laura L. Carroll (BBO #076180) lcarroll@burnslev.com Burns & Levinson LLP 125 Summer Street Boston, MA 02110 Tel: 617-345-3000 Fax: 617-345-3299 Joseph F. Schmidt (admitted pro hac vice) jschmidt@taftlaw.com Taft Stettinius & Hollister LLP 111 East Wacker Drive, Ste. 2800 Chicago, IL 60601 Tel: 312-836-4178 Fax: 312-527-4011 CERTIFICATE OF SERVICE I hereby certify that on this date, I served the foregoing pleading upon the attorneys of record for all parties by electronically filing the foregoing pleading with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to registered attorneys of record. Dated: September 8, 2016 /s/ Laura L. Carroll Laura L. Carroll Case 1:12-cv-11054-MLW Document 114 Filed 09/08/16 Page 2 of 2
