There is no pre action protocol under U.S. law. There is no "template" for making a motion to dismiss. Such motions are made on the basis of the specific facts of the case. The U.S. District Court would have subject matter jurisdiction of a civil case brought against a foreign national. That basis for dismissal is not available. What you can claim is lack of subject matter jurisdiction and failure to state a claim against the defendant because they are not the party against whom the allegations are made.

To sustain a claim of lack of jurisdiction you have to show three things. First, the defendant was not served while present in the U.S. in the Southern District of New York. Second, the defendant does not engage in a continuous course of conduct in the Southern District of New York. Third, that the transaction which gives rise to the plaintiff's claim did not arise or take place in the Southern District of NY. You must establish all three to show that there is no personal jurisdiction of the defendant. That argument must be made in the context of the plaintiff's allegations. This argument should also be made in the context of the legal precedents on what is required to have personal jurisdiction of a person. If this case is based solely on diversity of jurisdiction, then personal jurisdiction is governed by NY law. The span of personal jurisdiction under NY law is not as broad as under federal law.

If you can demonstrate the person described in the complaint is not you, that is the easiest way to get the case dismissed. You also need to understand that you can make an initial motion on these matters or you can file an answer and then make a motion. If you file an answer you must be sure to include as an Affirmative Defense, lack of personal jurisdiction and failure to state a claim.

I strongly suggest you contact a NY attorney to assist you so your arguments are presented properly. These procedural issues are not that simple because in the US you have two legal systems to deal with, federal and state and the nature of the applicable law depends on what is alleged in the complaint.

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