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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-10
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 131 entries

Parties

Plaintiff Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc|Stella Opp Zone Fund, A Series Of Yield Capital, Llc|Mass Supermoon, A Series Of Yield Capital, Llc
Defendant Mim Management, Llc|Middlesex Integrative Medicine, Inc.|Engal, David

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Plaintiff Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc's Motion to appt process server
  4. General correspondence regarding NOTICE OF ACCEPTANCE INTO BUSINESS LITIGATION SESSION "BLS1" This matter has been accepted into the Suffolk Business Litigation Session. It has been assigned to BLS1. Dated: February 13, 2023 Notice sent 2/16/23
  5. Endorsement on Motion for Appointment of Special Process Server (#3.0): ALLOWED (dated 2/15/2023) notice sent via email 2/21/2023
  6. Service Returned for: Middlesex Integrative Medicine, Inc. Defendant Service through person in charge / agent 02/23/2023 Applies To: Middlesex Integrative Medicine, Inc. (Defendant)
  7. Service Returned for: Mim Management, Llc Defendant Service through person in charge / agent 02/23/2023 Applies To: Mim Management, Llc (Defendant)
  8. Received from Defendant Mim Management, Llc & Middlesex Integrative Medicine, Inc : Answer with a counterclaim;
  9. Plaintiff Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc, Mass Supermoon, A Series Of Yield Capital, Llc's Request for a Status Conference - Letter to the Court
  10. Letter to Judge re Agenda Items for scheduled Conference Applies To: Furman, Esq., Matthew S (Attorney) on behalf of Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc (Plaintiff)
  11. Event Result:: Conference to Review Status scheduled on: 04/18/2023 02:00 PM Has been: Held via Video/Teleconference Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  12. Plaintiff in a Counterclaim Middlesex Integrative Medicine, Inc., Mim Management, Llc's Notice of Partial Motion To Dismiss
  13. ORDER: Scheduling Order See page #9 (Dated 4/18/2023) Notice sent 4/20/2023
  14. Attorney appearance On this date Michael James Tuteur, Esq. added for Defendant Mim Management, Llc
  15. Attorney appearance On this date Hillary A Leffue, Esq. added for Defendant Mim Management, Llc
  16. Attorney appearance On this date Amani S Kmeid, Esq. added for Defendant Mim Management, Llc
  17. Attorney appearance On this date Michael James Tuteur, Esq. added for Defendant Middlesex Integrative Medicine, Inc.
  18. Attorney appearance On this date Hillary A Leffue, Esq. added for Defendant Middlesex Integrative Medicine, Inc.
  19. Attorney appearance On this date Amani S Kmeid, Esq. added for Defendant Middlesex Integrative Medicine, Inc.
  20. Attorney appearance electronically filed.
  21. Defendant in a Counterclaim Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc, David Engal's Partial Motion to dismiss
  22. Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc's Memorandum in support of Partial Motion to Dismiss
  23. Defendant in a Counterclaim Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc's Request for hearing
  24. Opposition to Partial Motion to Dismiss filed by Mim Management, Llc, Middlesex Integrative Medicine, Inc.
  25. Reply/Sur-reply Reply in Support of Defendant-in-Counterclaim's Partial Motion to Dismiss
  26. Notice of Filing in Support of Defendant-in-Counterclaim's Partial Motion to Dismiss
  27. Attorney appearance On this date Matthew S Furman, Esq. added for Defendant David Engal
  28. Attorney appearance On this date Nicholas B Carter, Esq. added for Defendant David Engal
  29. Service Returned for Applies To: Engal, David (Defendant)
  30. Event Result:: Rule 12 Hearing scheduled on: 05/24/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  31. Matter taken under advisement: Rule 12 Hearing scheduled on: 05/26/2023 02:30 PM Has been: Held - Under advisement Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  32. Plaintiff Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc's Submission of Letter to the Court RE: Choice of Law Issue
  33. Defendant Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Submission of Letter to the Court RE: Choice of Law Issue
  34. Event Result:: Conference to Review Status scheduled on: 06/08/2023 08:30 AM Has been: Held via Video/Phone Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  35. The following form was generated: Notice to Appear - BLS Sent On: 06/16/2023 08:13:15
  36. Defendant Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Motion to Compel Neutral Valuation
  37. Proposed Filings/Orders
  38. Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Memorandum in support of Motion to Compel Neutral Valuation
  39. Opposition to Defendants' Motion to Compel Second Valuation filed by Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Mass Supermoon, A Series Of Yield Capital, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc, David Engal
  40. Reply/Sur-reply Reply in Support of Defendants MIM Management, LLC and Middlesex Integrative Medicine, Inc.'s Motion to Compel Neutral Valuation
  41. Superior Court Rule 9A Document List and Notice of Filing
  42. Certificate of Service
  43. Matter taken under advisement: BLS Rule 16 Litigation Control Conference scheduled on: 07/11/2023 02:00 PM Has been: Held - Under advisement Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  44. ORDER: Decision and Order on Defendants' Motion to compel Neutral Valuation See page #21 The Motion to Compel Neutral Valuation is ALLOWED in part. A new valuation shall be performed with an effective date of January 1, 2023. Vanita Spaulding shall perform that valuation if she is available to do so. If Ms. Spaulding is not available, the parties may employ another appraiser at Cogent Valuation to perform the valuation, or they may agree to engage another appraiser with at least Ms. Spaulding's same qualifications and industry experience. (Dated 7/27/2023) Notice sent 7/28/23
  45. Endorsement on Motion to Partial Dismiss (#10.0): DENIED After hearing, DENIED. See Memorandum and Order of same date. (Dated: 7/31/23) Notice Sent 08/01/23
  46. EMORANDUM & ORDER: Defendants-in-Counterclaim's Partial Motion to Dismiss (Docket #10) is DENIED. (Dated: 7/31/23) Judge: Krupp, Hon. Peter B Notice Sent 08/01/23
  47. vent Result:: Conference to Review Status scheduled on: 10/19/2023 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  48. laintiff, Defendants Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc, Stella Opp Zone Fund, A Series Of Yield Capital, Llc, Mass Supermoon, A Series Of Yield Capital, Llc, Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Joint Motion to continue Status Conference
  49. efendants Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Assented to Motion to Withdraw as Counsel
  50. vent Result:: Conference to Review Status scheduled on: 11/01/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  51. ttorney appearance On this date Hillary A Leffue, Esq. dismissed/withdrawn for Defendant Middlesex Integrative Medicine, Inc.
  52. ttorney appearance On this date Amani S Kmeid, Esq. dismissed/withdrawn for Defendant Middlesex Integrative Medicine, Inc.
  53. ttorney appearance On this date Michael James Tuteur, Esq. dismissed/withdrawn for Defendant Middlesex Integrative Medicine, Inc.
  54. ndorsement on Motion to continue Status Conference (#23.0): ALLOWED (Dated 10/31/2023) Notice sent 11/03/23
  55. ndorsement on Motion to Withdraw as Counsel (#24.0): ALLOWED The Company must file, an appearance to substitute counsel within 20 days. (Dated 10/31/2023) Notice sent 11/03/23
  56. vent Result:: Conference to Review Status scheduled on: 11/30/2023 02:00 PM Has been: Held as Scheduled Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  57. laintiff Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc's Assented to Motion of Court-Appointed Receiver for Defendants Middlesex Integrative Medicine, Inc. and MIM Management, LLC to Stay this Litigation
  58. ndorsement on Motion of Court-Appointed Receiver for Defendants Middlesex Integrative Medicine, Inc. and MIM Management, LLC to Stay this Litigation (#25.0): ALLOWED After review so much of this motion as seeks a stay is ALLOWED. The Court will schedule a status date when the parties are before the Court on 2/5/24 in Case No. 2384CV02279 (Dated: 1/24/24) Notice Sent 1/25/24
  59. vent Result:: Conference to Review Status scheduled on: 02/05/2024 02:00 PM Has been: Not Held For the following reason: Joint request of parties Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  60. RDER: Order of Consolidation See paper #45 (Dated 2/6/24) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  61. ttorney appearance electronically filed. Copied from linked case: 2384CV02279
  62. s Copied from linked case: 2384CV02279
  63. vent Result:: Conference to Review Status scheduled on: 02/13/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  64. laintiff Mim Mass Convertible Note Series Iii's EMERGENCY Motion to Voluntary Dismiss Individual Defendants Copied from linked case: 2384CV02279
  65. ndorsement on Motion to voluntarily dismiss individual defendants (#47.0): Other action taken I will hear argument on this motion on 3/4/24 at 2 pm. (Dated 2/28/24) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  66. vent Result:: Motion Hearing scheduled on: 03/04/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  67. vent Result:: Motion Hearing scheduled on: 03/04/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  68. o filed by Copied from linked case: 2384CV02279
  69. ffidavit Copied from linked case: 2384CV02279
  70. ffidavit Copied from linked case: 2384CV02279
  71. ffidavit Copied from linked case: 2384CV02279
  72. efendants Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina's EMERGENCY Motion to Stay the Disposal of Collateral by Public on March 15, 2024 Pending Receiver's Compliance with His Duties Copied from linked case: 2384CV02279
  73. efendants Nancy J. Koury, Edward J Bartlett, Jr., Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina's Motion for Court Order Requiring Receiver's Compliance with His Duties Copied from linked case: 2384CV02279
  74. ancy J. Koury, Edward J Bartlett, Jr., Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina's Memorandum in support of Motion for Court Order Requiring Receiver's Compliance with His Duties Copied from linked case: 2384CV02279
  75. ffidavit of Defendant Edward J. Bartlett Copied from linked case: 2384CV02279
  76. econd Affidavit of Defendant Edward J. Bartlett Copied from linked case: 2384CV02279
  77. ffidavit of Defendant Catherine E. Zadina Copied from linked case: 2384CV02279
  78. pposition to D filed by Copied from linked case: 2384CV02279
  79. ffidavit of Defendant David Engel Copied from linked case: 2384CV02279
  80. efendants Nancy J. Koury, Edward J Bartlett, Jr., Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina's Reply of Opposition to Motion for Court Order Requiring Receiver's Compliance with His Duties Copied from linked case: 2384CV02279
  81. vent Result:: Motion Hearing scheduled on: 03/14/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  82. ffidavit Copied from linked case: 2384CV02279
  83. ffidavit of Compliance with Superior Court Rule 9C Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant) Copied from linked case: 2384CV02279
  84. otice of Filing Rule 9A Package List of Documents Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant) Copied from linked case: 2384CV02279
  85. o filed by Copied from linked case: 2384CV02279
  86. vent Result:: Motion Hearing scheduled on: 03/14/2024 01:00 AM Has been: Canceled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  87. vent Result:: Motion Hearing scheduled on: 03/14/2024 10:00 AM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  88. he following form was generated: Notice to Appear - BLS Sent On: 03/14/2024 10:31:41
  89. ttorney appearance On this date Edward J Bartlett, Jr., Esq. added for Plaintiff Mim Mass Convertible Note Series Iii Copied from linked case: 2384CV02279
  90. vent Result:: Motion Hearing scheduled on: 03/14/2024 10:00 AM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  91. vent Result:: Motion Hearing scheduled on: 03/14/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  92. he following form was generated: Notice to Appear - BLS Sent On: 03/14/2024 10:34:46 Copied from linked case: 2384CV02279
  93. ndorsement on Motion to Stay the Disposal of Collateral by Public Sale on March 15, 2024 Pending Receiver's Compliance with His Duties (#48.0): DENIED After Hearing, DENIED for the reasons stated on the record. See Endorsement on Docket #49 (dated 3/14/24) Notice Sent 3/15/24 Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  94. ndorsement on Motion to Voluntarily Dismiss Individual Defendants (#47.0): DENIED After hearing, DENIED for reasons stated on the record this date. (dated 3/14/24) Notice Sent 3/15/24 Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  95. ndorsement on Motion for Court Order Requiring Receiver's Compliance with His Duties (#49.0): DENIED after hearing, denied without prejudice. See endorsement allowing docket #34 (2/6/24) if the individual defendants have any affirmative claim, or including set are against Mr. Engel in his capacity as a receiver for failure to comply with his fiduciary duties as to action in good faith as a receiver, a matter an which the court expresses no opinion, the receivers failure to comply with mass. r.cv.p.66 and superior court rule 51 may be relevant. notably the individual defendants' counterclaims against Mr. Engel were brought against him in his individual capacity. see memorandum and order on defendants in counterclaims motion to dismiss (Fe. 6, 2024) docket #44 dated (3/14/24) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  96. irst Report of Receiver David Engel
  97. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 05/08/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  98. he following form was generated: Notice to Appear - BLS Sent On: 05/08/2024 14:44:52
  99. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 05/08/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  100. he following form was generated: Notice to Appear - BLS Sent On: 05/08/2024 14:53:51 Copied from linked case: 2384CV02279
  101. ttorney appearance On this date Michael B Feinman, Esq. added as Limited Appearance Counsel for Other interested party Mohawck Drive Corp Copied from linked case: 2384CV02279
  102. ther Interested Party Mohawk Drive Corp's EMERGENCY Motion to intervene Copied from linked case: 2384CV02279
  103. uperior Court Rule 9A Schedule of Documents Applies To: Mohawk Drive Corp (Other interested party) Copied from linked case: 2384CV02279
  104. ertification of Notice of Superior Court Rule 9A Filing with Certificate of Service Applies To: Mohawk Drive Corp (Other interested party) Copied from linked case: 2384CV02279
  105. ther Interested Party Mohawk Drive Corp's Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc Copied from linked case: 2384CV02279
  106. pposition to Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc filed by David Engel Copied from linked case: 2384CV02279
  107. ther Interested Party Mohawk Drive Corp's Reply to Opposition Motion for Leave to Pursue Claims Copied from linked case: 2384CV02279
  108. pposition to Opposition to Mohawk Drive Corporation's Emergency Motion to Intervene filed by David Engal Copied from linked case: 2384CV02279
  109. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 06/26/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  110. laintiff, Defendants David Engal, Mim Mass Convertible Note Series Iii, A Series Of S Curve, Llc's Submission of Agenda for Rule 16 Conference
  111. efendant David Engal's Motion to Clarify Authority Copied from linked case: 2384CV02279
  112. pposition to Receiver's Motion to Clarify Authority filed by Edward J. Bartlett, Jr., Nancy J. Koury, Gregory P. DeConcillis, Joseph Capone and Catherine E. Zadina Copied from linked case: 2384CV02279
  113. otice of Filing and List of Documents Copied from linked case: 2384CV02279
  114. vent Result:: BLS Rule 16 Litigation Control Conference scheduled on: 06/26/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  115. s Copied from linked case: 2384CV02279
  116. vent Result:: Motion Hearing scheduled on: 06/28/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  117. ndorsement on Motion to intervene (#61.0): ALLOWED For purposes of pursuing Docket #62. (Dated 6/26/2024) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  118. ndorsement on Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc (#62.0): ALLOWED (Dated 6/26/2024) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  119. vent Result:: Motion Hearing scheduled on: 06/28/2024 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  120. ndorsement on Motion to Clarify Authority (#66.0): ALLOWED After hearing, ALLOWED. See Order of same date. (Dated: 6/28/24) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  121. RDER: Clarifying Order (Dated: 6/28/24) (Parties Notified by Email 7/1/24) Judge: Krupp, Hon. Peter B Copied from linked case: 2384CV02279
  122. ther Interested Party Mohawk Drive Corp.'s Motion to Remove Receiver Copied from linked case: 2384CV02279
  123. pposition to Motion of Mohawk Drive Corp. to Remove Receiver filed by Copied from linked case: 2384CV02279
  124. ertification of Notice of Superior Court Rule 9A Filing with Certificate of Service Copied from linked case: 2384CV02279
  125. uperior Court Rule 9A Schedule of Documents Copied from linked case: 2384CV02279
  126. ttorney appearance On this date Edward J Bartlett, Jr., Esq. dismissed/withdrawn for Plaintiff Mim Mass Convertible Note Series Iii Copied from linked case: 2384CV02279
  127. vent Result:: Motion Hearing scheduled on: 08/27/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  128. atter taken under advisement: Motion Hearing scheduled on: 09/04/2024 02:00 PM Has been: Held - Under advisement Hon. Helene Kazanjian, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate Copied from linked case: 2384CV02279
  129. ndorsement on Motion to remove receiver (#70.0): DENIED After hearing and carefully considering the parties arguments, the motion is DENIED. The record is insufficient to support removal of the receiver as a matter of law. (Dated 9/5/24) Judge: Kazanjian, Hon. Helene Copied from linked case: 2384CV02279
  130. ohawk Drive Corp's Memorandum in support of Motion To Remove Receiver David Engel Copied from linked case: 2384CV02279
  131. vent Result:: Conference to Review Status scheduled on: 02/06/2025 02:00 PM Has been: Held as Scheduled Hon. Peter B Krupp, Presiding

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