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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-03-21
Status Open
Type Minority Shareholder's Suit
Docket 55 entries

Parties

Plaintiff Mc Mackin, Christine M
Defendant Baker Daigle, Tobi

Lawyers

Docket Entries

  1. Attorney appearance On this date Theodore Joel Folkman, Esq. added as Private Counsel for Plaintiff Christine M McMackin
  2. Case assigned to: DCM Track A - Average was added on 03/21/2024
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Plaintiff(s) Christine M McMackin's Motion for a Preliminary Injunction
  6. Christine M McMackin's Memorandum in support of Motion for Preliminary Injunction.
  7. Affidavit of Theodore J. Folkman
  8. Christine M McMackin's MOTION for appointment of Special Process Server.
  9. Endorsement on Motion for a Preliminary Injunction (#3.0): Summons and Order of Notice to issue returnable Monday, April 1, 2024 at 2:30pm to be conducted in person. (dated 3/21/2024) Judge: Cannone, Hon. Beverly J
  10. Endorsement on Motion for appointment of special process server.---Motion (#6.0): ALLOWED in that Dewsnap & Associates and any duly licensed constable employed by it are appointed special process server as to all pre-judgment process. (dated 3/21/2024) Judge: Cannone, Hon. Beverly J
  11. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 04/01/2024 02:30 PM Hearing on Preliminary Injunction.
  12. Event Result:: Hearing on Preliminary Injunction scheduled on: 04/01/2024 02:30 PM Has been: Held as Scheduled Comments: FTR - Ctrm. 3 IN PERSON Hon. Mark A Hallal, Presiding
  13. Opposition to plaintiff's Motion for Preliminary Injunction. --------OPPOSITION filed by Tobi Baker-Daigle (received 4/1/2024)
  14. Attorney appearance On this date Travis J Jacobs, Esq. added as Private Counsel for Defendant Tobi Baker-Daigle
  15. Affidavit filed by Defendant Tobi Baker-Daigle in support of of her opposition to plaintiff's Motion for Preliminary Injunction. (received 4/1/2024)
  16. Reply/Sur-reply Reply in support of Plaintiff's Motion for Preliminary Injunction. (received 4/1/2024)
  17. Affidavit of Christine M. McMackin (received 4/1/2024)
  18. Endorsement on Motion for a Preliminary Injunction (#3.0): Other action taken Continued to Tuesday, April 16, 2024 at 2:30pm to be conducted in person. (dated 4/1/2024) ns ni Judge: Hallal, Hon. Mark A
  19. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 04/16/2024 02:30 PM Has been: Held - Under advisement Comments: FTR - Ctrm. 3 IN PERSON Hon. Mark A Hallal, Presiding
  20. One Trial case reviewed by Clerk, case to remain in the Superior Court. Judge: Hickey, Mary K
  21. Reply/Sur-reply in support of defendant Tobi Baker-Daigle's opposyion to plaintiff's motion for preliminary injection Rec'd 4/16/24
  22. Endorsement on Motion for a Preliminary Injunction (#3.0): ALLOWED Allowed in part after full hearing and review. As the Plaintiff has demonstrated a likelihood of success on the merits, she faces a sustainable risk of irreparable harm without an injunction and the risk of irreparable harm to her outweighs the risk to the defendant, See prelim nary injunction of this date (Hallal, J) Date 4/17/24
  23. ORDER: Preliminary Injunction (Hallal, J)
  24. Defendant Tobi Baker-Daigle's Notice of 9E service on April 17, 2024 of her Motion to Compel Arbitration and Dismiss Complaint or Stay the Litigation. (e-Filed 4/18/2024) dg
  25. Defendant Tobi Baker-Daigle's Motion to dismiss all counts (and to Compel Arbitration) or Stay the Litigation (E-Filed 05/01/2024)mk
  26. Tobi Baker-Daigle's Memorandum in support of Motion to Compel Arbitration and Dismiss Complaint or Stay in Litigation (E-Filed 05/01/2024)mk
  27. Opposition to (P#11.0) Motion to Compel -- filed by Christine M McMackin
  28. Plaintiff Christine M McMackin's Request for Hearing (E-Filed 05/01/2024)mk
  29. Defendant Tobi Baker-Daigle's Certificate of Rule 9C (E-Filed 05/01/2024)mk
  30. Defendant Tobi Baker-Daigle's Notice of Filing and List of Documents in Accordance with Superior Court Rule 9A (b)(2) (E-Filed 05/01/2024)mk
  31. Affidavit of Compliance with Superior Court Rule 9A (b)(2) (E-Filed 05/01/2024)mk
  32. Defendant Tobi Baker-Daigle's Certificate of Service in Accordance with Superior Court Rule 9A(b)(2) (E-Filed 05/01/2024)mk
  33. Defendant(s) Tobi Baker-Daigle's EMERGENCY Motion for a Preliminary Injunction with Incorporated Memorandum of Law (E-Filed 05/09/2024) mk
  34. Affidavit of Baker-Daigle, Tobi (Defendant) in Support of his Motion for Preliminary Injunction (E-Filed 05/09/2024) mk
  35. Defendant Tobi Baker-Daigle's EMERGENCY Motion for Reconsideration of the court's Order Allowing the Plaintiff's Motion for Preliminary Injunction (E-Filed 05/09/2024) mk
  36. Complaint for contempt filed. rec'd 5/9/24 Applies To: McMackin, Christine M (Plaintiff)
  37. Opposition to Defendant's Motion for Reconsideration -Opposition filed by Christine M McMackin (e-filed 5/13/24)pl
  38. Second Affidavit of Christine M. McMackin(e-filed 5/13/24)pl
  39. Endorsement on Complaint for Contempt: O/N to issue under the final paragraph of Plaintiff's Complaint for Contempt ret. Wednesday, June 5,2024 at 2:30pm to set a date for hearing to show cause why defendant should not be held in contempt. The hearing will be conducted in person (Hallal, J)(dated; 5/21/24) ns pl Judge: Hallal, Hon. Mark A
  40. Reply/Sur-reply reply to plaintiffs opposition to emergency motion for reconsideration to the courts order allowing the plaintiffs motion for preliminary injunction efiled 05/13/2024
  41. Endorsement on Motion for a Preliminary Injunction (#12.0): Other action taken This motion (p#12) is set down for a hearing on Wednesday, June 5,2024 at 2:30pm. The hearing will be conducted in person. (Halllal, J)(dated; 5/21/24) ns pl Judge: Hallal, Hon. Mark A
  42. Endorsement on Motion for Reconsideration of the Court's Order allowing the plaintiff's motion for preliminary injunction (#12.2): Other action taken This Motion (p#12.2) is set down for hearing on Wednesday, June 5,2024 at 2:30pm. The hearing will be conducted in person (Hallal, J)(dated; 5/21/24) ns pl Judge: Hallal, Hon. Mark A
  43. Financial Note: Order of Notice fee on Complaint for Contempt in the amount of $5.00 assessed in error on 5/22/2024; order of notice fee on complaint for contempt in the amount of $5.00 dismissed on 5/23/2024
  44. Pleading titled, check#20706 in the amount of $5.00, filed with the court on 05/28/2024, returned to Theodore Joel Folkman, Esq. There aren't any outstanding fees on this case - Check is being returned.
  45. Event Result:: Hearing on Contempt scheduled on: 06/05/2024 02:30 PM Has been: Not Held For the following reason: By Court prior to date Nancy J Delaney, Presiding
  46. Endorsement on Motion to compel arbitration and dismiss complaint or stay the litigation. (#11.0): Other action taken The Motion is set down for hearing on Wednesday, June 5, 2024 at 3:30pm to be conducted in person. (dated 5/30/2024) ns ni Judge: Hallal, Hon. Mark A
  47. Opposition to P. 12 Defendant's Motion for a Preliminary Injunction--OPPOSITION filed by Christine M McMackin(e-Filed 5/31/2024) dg
  48. Third Affidavit of Plaintiff Christine M. McMackin. (e-Filed 5/31/2024) dg
  49. Event Result:: Hearing on Contempt scheduled on: 06/05/2024 03:30 PM Has been: Held as Scheduled Comments: FTR - Ctrm. 3 IN PERSON Hon. Mark A Hallal, Presiding
  50. Pre-Trial ORDER: The trial on p#13 Plaintiff's Complaint for Contempt will be held on Thursday, June 13,2024 at 10:00am (Hallal, J)(dated; 6/5/24) ns pl Judge: Hallal, Hon. Mark A
  51. Endorsement on Motion for Reconsideration of the Court's Order allowing the plaintiff's motion for preliminary injunction (#12.2): DENIED after full hearing and review. The Defendant has not demonstrated changed circumstances in the way of newly discovered evidence or information, a development of relevant law or a particular and demonstrable error in the original ruling or decision. Audubon, 82 Mass. App.Ct.461(2012) (Hallal, J)(dated; 6/6/24) ns pl Judge: Hallal, Hon. Mark A
  52. Endorsement on motion to compel (#11.0): DENIED After full hearing and review. The operating agreement calling for arbitration was never signed by the plaintiff. Moreover, the side letter which was signed neither call for arbitration nor incorporates the unsigned operating agreement. Language used in the contract to incorporate extrinsic material must clearly incorporate as opposed to merely reference. NStar, 462 Mas. 381 (2012). Additionally, the side letter provides "This side letter is binding and enforceable against the company and the parties notwithstanding any contrary provisions in the operating agreement...." (Hallal, J)(dated; 6/6/24) ns pl Judge: Hallal, Hon. Mark A
  53. Endorsement on Motion for a Preliminary Injunction (#12.0): DENIED after full haring and review. The defendant does not have a counterclaim pending. Notwithstanding, the defendant has not demonstrated a likelihood of success on the issues raised in this motion. Moreover, this is not a case in which a true emergency justifies injunctive relief. Smith & Zobel, Mass. Practice Rules section 65.5 (2007) (Hallal, J)(dated; 6/6/24) ns pl Judge: Hallal, Hon. Mark A
  54. Event Result:: Evidentiary Hearing scheduled on: 06/13/2024 10:00 AM Has been: Held as Scheduled Hon. Mark A Hallal, Presiding
  55. Endorsement on Complaint P#13.0 Verified Complaint for Contempt No Action Taken today by agreement, parties will try to resolve remaining issues. Complaint STAYED by agreement. (dated 6/13/2024) ns ni Judge: Hallal, Hon. Mark A

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