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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-13
Status Open
Type Equitable Remedies|Injunction
Docket 49 entries

Parties

Plaintiff T.o.c. Managemnt, Llc
Defendant Deerfoot Llc|Capital Group Properties Llc|153 Cordaville Road, Llc|Depietri, William A.|Thiagarajah, Gokulan

Lawyers

Docket Entries

  1. Attorney appearance On this date Adam Chin Ponte, Esq. added for Plaintiff T.O.C. Managemnt, LLC
  2. Case assigned to: DCM Track F - Fast Track was added on 02/13/2023
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Demand for jury trial entered.
  6. Plaintiff(s) T.O.C. Managemnt, LLC Doing Business as New England Dental Group's Motion for a Preliminary Injunction
  7. T.O.C. Managemnt, LLC Doing Business as New England Dental Group's Memorandum in support of Plaintiff's motion for preliminary injunction
  8. Affidavit filed by Plaintiff T.O.C. Managemnt, LLC Doing Business as New England Dental Group in support of Plaintiff's motion for preliminary injunction
  9. Request for hearing filed EXPEDITED HEARING on Plaintiff's motion for preliminary injunction Applies To: Ponte, Esq., Adam Chin (Attorney) on behalf of T.O.C. Managemnt, LLC Doing Business as New England Dental Group (Plaintiff)
  10. Plaintiff(s) T.O.C. Managemnt, LLC Doing Business as New England Dental Group's MOTION for Short Order of Notice Applies To: Ponte, Esq., Adam Chin (Attorney) on behalf of T.O.C. Managemnt, LLC Doing Business as New England Dental Group (Plaintiff)
  11. T.O.C. Managemnt, LLC Doing Business as New England Dental Group's MOTION for appointment of Special Process Server. Applies To: Ponte, Esq., Adam Chin (Attorney) on behalf of T.O.C. Managemnt, LLC Doing Business as New England Dental Group (Plaintiff)
  12. Endorsement on Motion for Short Order of Notice (Preliminary Injunction) (#5.0): Other action taken Short Order of Notice to issue, returnable 02/28/2023 at 2:00pm room 26. e-document sent 02/13/2023 Judge: Yarashus, Hon. Valerie A
  13. Endorsement on Motion for Special Process Server Francis J Trapasso (#6.0): ALLOWED e-document sent 02/13/2023 Judge: Yarashus, Hon. Valerie A
  14. The following form was generated: Notice to Appear Sent On: 02/13/2023 16:08:10
  15. Notice of 93A complaint sent to Attorney General
  16. Defendant Deerfoot LLC's Assented to Motion to Reschedule Motion Hearing [E-FILED] Applies To: Deerfoot LLC (Defendant); Capital Group Properties LLC (Defendant); 153 Cordaville Road, LLC (Defendant); Depietri, William A. (Defendant)
  17. Attorney appearance On this date Robert B Gibbons, Esq. added for Defendant Deerfoot LLC Applies To: Deerfoot LLC (Defendant); Capital Group Properties LLC (Defendant); 153 Cordaville Road, LLC (Defendant); Depietri, William A. (Defendant)
  18. Attorney appearance On this date Jessica Estelle Murphy, Esq. added for Defendant Deerfoot LLC Applies To: Capital Group Properties LLC (Defendant); 153 Cordaville Road, LLC (Defendant); Depietri, William A. (Defendant) Applies To: Deerfoot LLC (Defendant); Capital Group Properties LLC (Defendant); 153 Cordaville Road, LLC (Defendant); Depietri, William A. (Defendant)
  19. The following form was generated: Notice to Appear Sent On: 02/22/2023 16:16:10
  20. Event Result:: Hearing on Preliminary Injunction scheduled on: 02/28/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Hon. Valerie A Yarashus, Presiding Staff: Anne O'Connor, Assistant Clerk
  21. Endorsement on Motion to reschedule motion hearing (#7.0): ALLOWED e-document sent 02/23/2023 Judge: Yarashus, Hon. Valerie A
  22. Service Returned for Defendant Deerfoot LLC: Service accepted by counsel, Robert B. Gibbons Esq. on 2/16/23
  23. Service Returned for Defendant Capital Group Properties LLC: Service accepted by counsel, Robert B. Gibbons Esq. on 2/16/23
  24. Service Returned for Defendant 153 Cordaville Road, LLC: Service accepted by counsel, Robert B. Gibbons Esq. on 2/16/23
  25. Service Returned for Defendant Depietri, William A.: Service accepted by counsel, Robert B. Gibbons Esq. on 2/16/23
  26. Opposition to to Plaintiff's motion for preliminary injunction (p#3) filed by Deerfoot LLC, Capital Group Properties LLC, 153 Cordaville Road, LLC, William A. Depietri (E-FILED)
  27. Affidavit of William Depietri (E-FILED)
  28. Event Result:: Hearing on Preliminary Injunction scheduled on: 03/07/2023 02:00 PM Has been: Not Held For the following reason: Transferred to another session Hon. Valerie A Yarashus, Presiding Staff: Anne O'Connor, Assistant Clerk
  29. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 03/07/2023 02:00 PM Has been: Held - Under advisement Comments: FTR19 Hon. James G Reardon, Jr., Presiding Staff: Paul Mullan, Assistant Clerk Magistrate Eric Thuotte, Assistant Clerk Magistrate
  30. ORDER: MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION It is hereby ORDERED that the motion for preliminary Injunction is ALLOWED. The Defendants are hereby enjoined from leasing to any dental practice any property located in Southborough that is owned by the defendants. See memorandum of decision and order. Entered and Copies mailed 04/07/2023.
  31. Preliminary Injunction issued for Plaintiff T.O.C. Managemnt, LLC Doing Business as New England Dental Group. It is ordered and adjudged that Defendants(s) Deerfoot LLC, Capital Group Properties LLC, 153 Cordaville Road, LLC, William A. Depietri and their various attorneys and agents are: hereby enjoined from leasing to any dental practice any property located in Southborough that is owned by the defendants. Judge: Reardon, Jr., Hon. James G
  32. Answer with a counterclaim (E-FILED) Applies To: Gibbons, Esq., Robert B (Attorney) on behalf of 153 Cordaville Road, LLC, Deerfoot LLC, Depietri, William A. (Defendant)
  33. Other Interested Party Mark F. Rubin, D.M.D., P.C.'s Notice for appearance (E-FILED) Applies To: Cunio, Esq., Christopher J (Attorney) on behalf of Rubin, D.M.D., P.C., Mark F. (Other interested party)
  34. Other Interested Party Mark F. Rubin, D.M.D., P.C.'s Notice of appearance (E-FILED) Applies To: Stellakis, Esq., Nicholas (Attorney) on behalf of Rubin, D.M.D., P.C., Mark F. (Other interested party)
  35. Other Interested Party Mark F. Rubin, D.M.D., P.C.'s Notice of appearance (E-FILED) Applies To: Bosworth, Esq., Brian Joseph (Attorney) on behalf of Rubin, D.M.D., P.C., Mark F. (Other interested party)
  36. Other Interested Party Mark F. Rubin, D.M.D., P.C.'s EMERGENCY Motion to intervene and dissolve the order for preliminary injunction (E-FILED) Applies To: Bosworth, Esq., Brian Joseph (Attorney) on behalf of Rubin, D.M.D., P.C., Mark F. (Other interested party)
  37. Mark F. Rubin, D.M.D., P.C.'s Memorandum in support of his motion to intervene and dissolve the order for preliminary injunction (E-FILED)
  38. Answer to the counterclaim Applies To: Ponte, Esq., Adam Chin (Attorney) on behalf of T.O.C. Managemnt, LLC Doing Business as New England Dental Group (Plaintiff)
  39. Endorsement on Motion to Intervene (#16.0): Other action taken Short Order of Notice to issue, parties returnable May 9 at 2:00pm. e-document sent 04/28/2023 Judge: Yarashus, Hon. Valerie A
  40. Opposition to P#16: Third Party Mark F. Rubin, D.M.D., P.C.'s Emergency Motion to Dissolve Preliminary Injunction Order filed by T.O.C. Managemnt, LLC Doing Business as New England Dental Group, and Gokulan Thiagarajah [E-FILED]
  41. Affidavit of Gokulan Thiagarajah (Business Manager and Director of Operations for Plaintiff) in Support of T.O.C. Management's Opposition to Third-Party Mark F. Rubin, D.M.D., P.C.'s Emergency Motion to Dissolve the Order for Preliminary Injunction
  42. Declaration of Brian J. Bosworth, Esq., in Support of Third-Party Mark F. Rubin, D.M.D., P.C.'s Emergency Motion to Intervene and Dissolve the Order for Preliminary Injunction (P#16) (E-FILED)
  43. Event Result:: Motion Hearing scheduled on: 05/09/2023 02:00 PM Has been: Held as Scheduled Comments: Courtroom 26 FTR Hon. Valerie A Yarashus, Presiding Staff: Anne O'Connor, Assistant Clerk
  44. Notice of docket entry received from Appeals Court Please take note that on May 9, 2023, the following entry was made on the docket of the above-referenced case: ORDER (RE#1): The defendant petitioners, Deerfoot, LLC, Capital Group Properties, LLC, 153 Cordaville Road (Cordaville) and William Depietri, timely filed a petition under G. L. c. 231, s. 118, par. 1, for interlocutory review of an order in a Superior Court civil matter allowing the plaintiff's motion for a preliminary injunction. ¿After review of the petition and accompanying documents, the petitioners have not demonstrated that the judge clearly erred or abused his discretion such that intervention by a single justice is warranted. Accordingly, all requests for relief are denied. (Rubin, J.) Notice/attest/Reardon, J. (see order)
  45. Attorney appearance electronically filed. Applies To: Rubin, D.M.D., P.C., Mark F. (Other interested party) Applies To: Perry, Esq., Michael (Attorney) on behalf of Rubin, D.M.D., P.C., Mark F. (Other interested party)
  46. T.O.C. Managemnt, LLC Doing Business as New England Dental Group's Memorandum (SUPPLEMENTAL) in Support of Plaintiff's Opposition to Third-Party Mark F. Rubin, D.M.D.'s, P.C.'s Emergency Motion to Dissolve Preliminary Injunction Order (E-FILED)
  47. Supplemental Declaration of Marc F. Rubin, D.M.D. (Re: P#16) (E-FILED)
  48. Affidavit of William Depietri (E-FILED)
  49. Matter taken under advisement: Motion Hearing scheduled on: 05/24/2023 02:00 PM Has been: Held - Under advisement Comments: Courtroom 26 FTR Hon. James G Reardon, Jr., Presiding Staff: Anne O'Connor, Assistant Clerk

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