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Heiss & Dawson's Motion to Dismiss

Heiss & Dawson's Motion to Dismiss

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Published by c_heller
Case 1:12-cv-00456-RWR Document 15 Filed 05/29/12 Page 1 of 24

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JOHN N. XEREAS Plaintiff, v. MARJORIE A. HEISS, GEOFFREY O.S. DAWSON, RIOT ACT DC, LLC, and SQUIID, INC., Defendants. Civil Action No. 1:12-cv-00456-RWR

DEFENDANTS HEISS, DAWSON, AND RIOT ACT DC, LLC’S MOTION TO DISMISS Defendants Marjorie A. Heiss, Geoffrey O.S. Dawson, and Riot Act, DC, LLC, respectfully move for an Order pursuant to Rule 12(b)(6) of the Federal Ru
Case 1:12-cv-00456-RWR Document 15 Filed 05/29/12 Page 1 of 24

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JOHN N. XEREAS Plaintiff, v. MARJORIE A. HEISS, GEOFFREY O.S. DAWSON, RIOT ACT DC, LLC, and SQUIID, INC., Defendants. Civil Action No. 1:12-cv-00456-RWR

DEFENDANTS HEISS, DAWSON, AND RIOT ACT DC, LLC’S MOTION TO DISMISS Defendants Marjorie A. Heiss, Geoffrey O.S. Dawson, and Riot Act, DC, LLC, respectfully move for an Order pursuant to Rule 12(b)(6) of the Federal Ru

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Published by: c_heller on Jun 29, 2012
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05/15/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAJOHN N. XEREASPlaintiff,v.MARJORIE A. HEISS,GEOFFREY O.S. DAWSON,RIOT ACT DC, LLC, andSQUIID, INC.,Defendants.Civil Action No. 1:12-cv-00456-RWRDEFENDANTS HEISS, DAWSON, AND RIOT ACT DC, LLC’SMOTION TO DISMISS
Defendants Marjorie A. Heiss, Geoffrey O.S. Dawson, and Riot Act, DC, LLC,respectfully move for an Order pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedureand Local Rule 7 dismissing Counts IV through XI of Plaintiff John N. Xereas’ AmendedComplaint, Dkt. Entry No. 3. As explained in the accompanying memorandum of law in supportof this motion and in the motion to dismiss contemporaneously filed by co-Defendant Squiid,Inc., Plaintiff’s Amended Complaint fails to state a claim upon which relief can be granted forthese counts. A proposed Order is attached hereto.
Case 1:12-cv-00456-RWR Document 15 Filed 05/29/12 Page 1 of 24
 
Respectfully submitted, /s/ Joshua Fowkes______________________Joshua Fowkes (D.C. Bar No. 494700)
 fowkes.joshua@arentfox.com
Arent Fox LLP1050 Connecticut Avenue, NWWashington, DC 20036-5339Tel: (202) 857-6000Fax: (202) 857-6395Alec P. Rosenberg (D.C. Bar No. 479381)
rosenberg.alec@arentfox.com
ARENT FOX LLP1050 Connecticut Avenue, NWWashington, DC 20036-5339Tel: (202) 857-6000Fax: (202) 857-6395
 Attorneys for Defendants Marjorie A. Heiss,Geoffrey O.S. Dawson, and  Riot Act DC, LLC 
Case 1:12-cv-00456-RWR Document 15 Filed 05/29/12 Page 2 of 24
 
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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAJOHN N. XEREASPlaintiff,v.MARJORIE A. HEISS,GEOFFREY O.S. DAWSON,RIOT ACT DC, LLC, andSQUIID, INC.,Defendants.Civil Action No. 1:12-cv-00456-RWRDEFENDANTS HEISS’, DAWSON’S, AND RIOT ACT DC, LLC’SMEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS
This is a business divorce case involving a comedy club venture that failed in less than ayear, largely as a result of fundamental disagreements between two of the three managingmembers – Defendants Heiss and Dawson – and the third, Plaintiff Xereas. Heiss and Dawsonrepeatedly afforded Xereas opportunities to change what they viewed to be his ineffective andimproper management practices, but he refused to do so. The disagreements boiled over whenHeiss and Dawson terminated the employment of several persons whom Xereas had hired and, inresponse, Xereas stormed out of comedy club, stopped participating in the business, and took actions designed to undermine and injure the venture. As a result, and consistent with the LLCoperating agreement that governed their business relationship, Heiss and Dawson voted toremove Xereas as a manager of the venture. This lawsuit followed.The complaint includes several groundless claims involving Xereas’ allegations that,despite (i) forming with Heiss and Dawson a company named “Riot Act DC, LLC,” (ii)soliciting and accepting third party investment in that company, and then (iii) collaborating in the
Case 1:12-cv-00456-RWR Document 15 Filed 05/29/12 Page 3 of 24

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