Case 1:19-cv-10203-IT Document 21 Filed 04/19/19 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF MASSACHUSETTS

SONYA LARSON

Plaintiff, Civil Action

v.
No. 1:19-cv-10203-IT
DAWN DORLAND PERRY, et al.

Defendants.

ASSENTED TO MOTION OF PLAINTIFF FOR LEAVE TO SUBSTITUTE THE

CORRECT EXHIBIT FOR AN EXHIBIT ERRONEOUSLY
INCLUDED IN
I. PLAINTIFF’S COMPLAINT AND
II. IN HER OPPOSITION TO THE MOTION TO DISMISS OF
DEFENDANTS, COHEN BUSINESS LAW GROUP, PC, AND JEFFREY A. COHEN

Plaintiff, Sonya Larson, moves this court for leave to substitute the correct exhibit for an

exhibit erroneously filed with both her Complaint, and with her Opposition to the Motion to

Dismiss of Defendants, Cohen Business Law Group, PC, and Jeffrey A. Cohen. Defendants,

Cohen Business Law Group, PC, and Jeffrey A. Cohen are hereinafter referred to as the “Law

Firm.” As grounds for this Motion, Plaintiff states as follows:

1. This is an action for declaratory judgment, defamation, tortious interference with

contractual relations and violation of M.G.L. Chapter 93A, the Massachusetts Consumer

Protection Act.
 Case 1:19-cv-10203-IT Document 21 Filed 04/19/19 Page 2 of 5

2. The action is based on Plaintiff’s Short Story entitled, The Kindest. The Story is

about a kidney donor and the interaction between the donor and the recipient.

3. Defendant, Dawn Dorland Perry (“Dorland”) claims that she is a kidney donor

and that Plaintiff infringed a letter that Dorland allegedly sent to her kidney recipient that she

posted on her Facebook page.

4. Plaintiff is seeking leave to correct one exhibit in her Complaint and one exhibit

in her Opposition to the Law Firm’s Motion.

I. Correction to the Complaint.

5. Plaintiff’s Complaint (Dkt. # 1) contains the following exhibits that are relevant to

this Motion.

6. Exhibit A to the Complaint is a copy of the letter Dorland posted on her Facebook

page.

7. Exhibit C to the Complaint is a copy of Plaintiff’s story, The Kindest. The Story

contains a letter written by an anonymous wealthy white woman who donated a kidney to a poor

Chinese-American recipient. Larson uses the letter in her Story as a literary device to introduce

her characters.

8. Exhibit D was intended to be a copy of the letter that was used in The Kindest.

Unfortunately, Exhibit D is a draft version of the letter and it is not a copy of the letter that is

used in The Kindest (Exhibit C).

9. Plaintiff is seeking leave to substitute the correct copy of the letter that is used in

The Kindest in place of the draft letter that was filed with her Complaint. A copy of the correct

version of Exhibit D is attached hereto as “Exhibit 1.”

 Case 1:19-cv-10203-IT Document 21 Filed 04/19/19 Page 3 of 5

II. Correction to Plaintiff’s Opposition.

10. Plaintiff made the same error in her Opposition to the Law Firm’s Motion to

Dismiss (Dkt. 11-12) by including a draft version of the letter from The Kindest instead of the

actual letter that appears in the Short Story.

11. Plaintiff is seeking leave to substitute the correct copy of the letter that is used in

The Kindest in place of the draft letter that was attached as an exhibit to her Opposition (Dkt. #

16). A copy of the correct version of Exhibit D to the Opposition is attached hereto as “Exhibit

1.”

12. None of the Defendants in this Action will be prejudiced by this Motion.

13. Dorland has until April 25, 2019, to respond to Plaintiff’s Complaint. Dorland

has assented to this Motion.

14. The Law Firm Defendants also assent to Plaintiff’s Motion to Substitute Exhibits

on the basis that the Motion has no impact on the arguments raised in the Firm’s Motion to

Dismiss or Plaintiff’s Opposition. (Dkt. Nos. 11-12; 16). The substitution of Plaintiff’s exhibits

is immaterial to the Law Firm’s arguments that the Court lacks subject matter jurisdiction to

adjudicate Plaintiff’s claims, that the Court does not have personal jurisdiction over the Firm,

and that the Firm’s conduct is protected by the litigation privilege. Similarly, the substitution of

Plaintiff’s exhibits is immaterial to the defenses Plaintiff raises in her Opposition to the Firm’s

Motion to Dismiss.

15. The Law Firm’s Motion does not include any issues related to Plaintiff’s Short

Story, Dorland’s letter, the merits of the infringement claim or the request for declaratory

judgment.
 Case 1:19-cv-10203-IT Document 21 Filed 04/19/19 Page 4 of 5

WHEREFORE, Plaintiff, Sonya Larson moves this Court for leave to substitute the

correct version of the letter in her Short Story for the ones erroneously included in both her

Complaint (Docket No. 1) and her Opposition (Docket No. 16).

Respectfully submitted,
SONYA LARSON,
By her attorney,

/s Andrew D. Epstein
______________________
April 19, 2019 Andrew D. Epstein, Esquire (BBO #155140)
Barker, Epstein & Loscocco
176 Federal Street
Boston, MA 02110
Tel: (617) 482-4900
Fax: (617) 426-5251
Photolaw@aol.com
 Case 1:19-cv-10203-IT Document 21 Filed 04/19/19 Page 5 of 5

Local Rule 7.1(a)(2) Certification

I, Andrew D. Epstein, certify that on April 18 and 19, 2019, I conferred with counsel for
Defendants Dawn Dorland Perry, Cohen Business Law Group, PC, and Attorney Jeffrey A.
Cohen pursuant to Local Rule 7.1(a)(2), and Defendants’ counsel indicated that they assented to
this motion as stated therein.

s/ Andrew D. Epstein

Certificate of Service

I certify that Plaintiff’s Motion for Leave to Substitute the Correct Exhibit for ones
erroneously filed in Plaintiff’s Complaint and in her Opposition was sent to all counsel of record
through the court’s ECF system.
.

/s/ Andrew D. Epstein

________________________
April 18, 2019 Andrew D. Epstein
Case 1:19-cv-10203-IT Document 21-1 Filed 04/19/19 Page 1 of 2

Exhibit 1
 Case 1:19-cv-10203-IT Document 21-1 Filed 04/19/19 Page 2 of 2

Exhibit 1

Larson v Perry – 1:19-cv-10203-IT

“Fictional Letter” - Boston Book Festival

Dear Friend,

By now you are likely wondering just who this person-- your kidney donor-- could
possibly be. Today I reach out to share a warm hello. It is me.

I am a thirty-eight-year-old white female, and I live in Newton, Massachusetts (born

and raised). Last year, while lost in a difficult period, I saw a documentary about altruistic
kidney donation. As the credits rolled, I felt shocked by the daily hardship of so many people in
need. Equipped with this new awareness, I set forth on a journey to offer a great gift, to do my
part in bettering a fellow human’s life.

I’m so grateful to the MGH transplant team, who held my hand from my very first
blood test. I myself know something of suffering, but from those experiences I’ve learned
courage and perseverance. Whatever you’ve endured, remember that you are never alone.

A few things about me: I like sailing, camping, jewelry, and cats.

My journey to you has entailed immense time, money, and yes-- pain. But throughout it
all I found a profound sense of purpose, knowing that your life depended on my gift.

Now I smile at the thought that you are enjoying renewed health. I hope-- with all my
heart-- that you feel emboldened with a new sense of hope.

Naturally, I am curious about your healing, and perspective on our shared experience.
Perhaps we could meet. If you'd rather not, that’s fine, but I'll leave my number here
regardless. Consider it token of my affection-- a lifeline, should you ever need reminding that
you are loved.

Kindly,

Rose M. Rothario