Geha v. Cox Media Group Northeast, Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Oral Argument

D. Mass.May 3, 2017

1216313v.1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS BASSAM M. GEHA, Plaintiff, v. BANK OF AMERICA, N.A. and COX MEDIA GROUP NORTHEAST, LLC, d/b/a WFXT FOX, 25, Defendants. CIVIL ACTION NO.: 1:17-CV-10403-FDS DEFENDANT BANK OF AMERICA, N.A.’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)6) AND REQUEST FOR ORAL ARGUMENT The Defendant, Bank of America, N.A. (the “Defendant” or “BANA”), respectfully moves this Honorable Court, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss Plaintiff Bassam Geha’s Complaint as to BANA. In support of this motion, BANA asserts that the Annunzio-Wyle Money Laundering Act, 31 U.S.C.A. §5318(g)(3), specifically exempts BANA from liability for Plaintiff’s allegations of defamation (Count I) and violation of the Massachusetts Privacy Act, Mass. Gen. Laws c. 214, §1B (Count II). In addition, Massachusetts’ witness privilege shields BANA from liability as a matter of law where BANA’s alleged “publication” of the surveillance photograph to the Cambridge Police Department constituted “statements made in context of contemplated criminal proceedings.” Lastly, Plaintiff has failed to allege sufficient facts against BANA to maintain a claim for violation of his privacy rights in Count II of his Complaint. Case 1:17-cv-10403-FDS Document 9 Filed 05/03/17 Page 1 of 3 2 1216313v.1 In further support of its motion to dismiss, BANA refers the Court to its Memorandum of Law in Support of its Motion to Dismiss, filed contemporaneously herewith. WHEREFORE, for all of the foregoing reasons, the Defendant, Bank of America, N.A., respectfully requests that this Honorable Court allow its Motion to Dismiss, dismiss Counts I and II of Plaintiff’s Complaint as to the Defendant, and award to the Defendant such other relief as this Court deems just and fit. Respectfully submitted, The Defendant, BANK OF AMERICA, N.A. By its attorneys, /s/ Justin J. Shireman Justin J. Shireman, # 670489 Wilson, Elser, Moskowitz, Edelman & Dicker LLP 260 Franklin Street, 14 th Floor Boston, MA 02110 Dated: May 3, 2017 (617) 422-5300 Justin.Shireman@wilsonelser.com REQUEST FOR ORAL ARGUMENT Pursuant to United States District Court for District of Massachusetts Local Rule 7.1(d), the Defendant, Bank of America, N.A., believes that oral argument will assist the Court in ruling on its Motion to Dismiss, and as such, respectfully requests a hearing on the Motion. Case 1:17-cv-10403-FDS Document 9 Filed 05/03/17 Page 2 of 3 3 1216313v.1 CERTIFICATE OF SERVICE I hereby certify that this document filed through the CM/ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on May 3, 2017. /s/ Justin J. Shireman Justin J. Shireman Case 1:17-cv-10403-FDS Document 9 Filed 05/03/17 Page 3 of 3