{UAH} Update on UNAA lawsuit: Motion to Dismiss

COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, ss 

TRIAL COURT, 

SUPERIOR COURT DEPARTMENT

CIVIL ACTION NO. 15-124

RULE 12 MOTION

Now through undersigned counsel comes the Defendants, Brian Kwesiga, Monday Atigo,

Jude Sempungu, Aisha Ogwang, Rebecca Namwase, Timothy Gaburungyi, Irene Kasujja, and

Ugandan North American Association, Inc., who move that this Complaint be found deficient

under Massachusetts Civil Procedure Rule 12 in the following respects:

l. Improper venue: The venue is not proper. While there may be a procedural provision

allowing for venue in Massachusetts, the majority,of the Defendants reside in Texas according to

the face of the Complaint. The forum is not convenient and this action should be dismissed for

forum non conveniens.

2. Failure to state a claim upon which relief can be granted: The Complaint, even if accepted

by true, admits that l0% of the members are not Petitioners as only one person has signed the

Complaint. Even under the terms of the Complaint itself 10% of the members of UNAA have not

petitioned for a special meeting.

3. The Complaint is impermissibly vague as it purports to bring a cause of action for

numerous non-named persons.

Respectfully submitted,

Brian Kwesiga, Monday Atigo, Jude Sempungu,

Aisha Ogwang, Rebecca Namwase, Timothy

Gaburungyi, Irene Kasujja, and Ugandan North

American Association, Inc.

By Counsel

Galen M. Hair, Esq. BBO #675825

Varadi, Hair & Checki, LLC

650 Poydras St., Ste. 1550

New Orleans, LA 70130

(s04) 684-s200

hair@vhclaw.com