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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-06
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 141 entries

Parties

Plaintiff Mim Mass Convertible Note Series Iii
Defendant Koury, Nancy J.|Bartlett, Jr., Edward J|Deconcillis, Gregory P.|Capone, Joseph|Zadina, Catherine E.|Mim Management, Llc|Middlesex Integrative Medicine, Inc.|Stella Opp Zone Fund|Mass Supermoon|Engel, David

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Plaintiff Mim Mass Convertible Note Series Iii's Motion for Appointment of Special Process Server
  4. Plaintiff Mim Mass Convertible Note Series Iii's Submission of Corporate Disclosure Statement
  5. Plaintiff Mim Mass Convertible Note Series Iii's Motion for Preliminary Injunction and for Appointment of David Engel as Receiver of Middlesex Integrative Medicine, Inc. and MIM Management, LLC
  6. Mim Mass Convertible Note Series Iii's Memorandum in support of Motion for Preliminary Injunction and for Appointment of David Engel as Receiver of Middlesex Integrative Medicine, INC. and MIM Management, LLC
  7. Affidavit of David Engel
  8. Affidavit of Nicholas Carter
  9. Plaintiff Mim Mass Convertible Note Series Iii's Motion for Short Order of Notice
  10. General correspondence regarding Notice of Acceptance into Business Litigation Session Accepted into BLS1 (Dated 10/6/2023)
  11. Attorney appearance On this date Nicholas B Carter, Esq. added for Plaintiff Mim Mass Convertible Note Series Iii
  12. Attorney appearance On this date Matthew S Furman, Esq. added for Plaintiff Mim Mass Convertible Note Series Iii
  13. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 10/13/2023 11:00 AM Hearing on Preliminary Injunction. Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant); Mim Management, Llc (Defendant); Middlesex Integrative Medicine, Inc. (Defendant)
  14. Endorsement on Motion to (#3.0): ALLOWED
  15. ORDER: for payment of $500 into Court for expenses of Receiver
  16. Service Returned for Applies To: Zadina, Catherine E. (Defendant)
  17. Service Returned for Applies To: Bartlett, Jr., Edward J (Defendant)
  18. Service Returned for Applies To: Deconcillis, Gregory P. (Defendant)
  19. Service Returned for Applies To: Capone, Joseph (Defendant)
  20. Service Returned for Applies To: Middlesex Integrative Medicine, Inc. (Defendant)
  21. Service Returned for Applies To: Mim Management, Llc (Defendant)
  22. Service Returned for Applies To: Koury, Nancy J. (Defendant)
  23. Opposition to to Plaintiff's Motion for Appointment of David Engel as Receiver and Injunction Relief filed by Edward J Bartlett, Jr.
  24. Affidavit of Edward J. Bartlett, Jr.
  25. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 10/13/2023 11:00 AM Has been: Held - Under advisement Hon. Michael Doolin, Presiding Staff: Anh T Bungcayao, Assistant Clerk Magistrate Leontina Limone, Assistant Clerk Magistrate
  26. Endorsement on Motion for Preliminary injunction and appointment of receiver (#5.0): ALLOWED (Dated: 10/16/23)
  27. ORDER: Regarding Motion for Preliminary injunction and appointment of receiver (Dated: 10/16/23)
  28. Answer to original complaint Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant); Mim Management, Llc (Defendant); Middlesex Integrative Medicine, Inc. (Defendant)
  29. Attorney appearance electronically filed.
  30. Attorney appearance electronically filed.
  31. Attorney appearance electronically filed.
  32. Defendants Mim Mass Convertible Note Series Iii, Mass Supermoon, Stella Opp Zone Fund, David Engel's Notice of Motion To Dismiss
  33. Defendant Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina, Middlesex Integrative Medicine, Inc., Mim Management, Llc's Motion for Reconsideration
  34. Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina, Mim Management, Llc, Middlesex Integrative Medicine, Inc.'s Memorandum in support of Motion to Reconsideration
  35. Affidavit of Edward J. Bartlett, III
  36. Affidavit of Edward J. Bartlett, Jr.
  37. Opposition to Defendant's Motion for Reconsideration filed by Mim Mass Convertible Note Series Iii
  38. Opposition to Defendant's Motion for Reconsideration filed by David Engel
  39. Request for hearing filed Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant); Mim Management, Llc (Defendant); Middlesex Integrative Medicine, Inc. (Defendant)
  40. Endorsement on Motion for Reconsideration (#24.0): DENIED The motion for reconsideration is DENIED after review. The Defendants have not met their burden under Rule 9D of the Superior Court. (Dated: 11/30/23) Notice sent 12/1/23
  41. Defendant in a Counterclaim Mim Mass Convertible Note Series Iii, Mass Supermoon, Stella Opp Zone Fund, David Engel's Motion to dismiss all Counts of the counterclaims
  42. Mass Supermoon, Mim Mass Convertible Note Series Iii, Stella Opp Zone Fund, David Engel's Memorandum in support of Motion to dismiss all Counts of the counterclaims
  43. Opposition to Motion to dismiss all Counts of the counterclaims filed by Nancy J. Koury Applies To: Koury, Nancy J. (Defendant); Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant); Mim Management, Llc (Defendant); Middlesex Integrative Medicine, Inc. (Defendant)
  44. Reply/Sur-reply in further support of Motion to dismiss all Counts of the counterclaims
  45. Notice of Filing
  46. Attorney appearance electronically filed.
  47. The following form was generated: Notice to Appear - BLS Sent On: 01/02/2024 12:56:06
  48. Plaintiff Mim Mass Convertible Note Series Iii's Motion for Order (I) Permitting Plaintiff to Enforce its Collateral Rights Against the Companies' Assets, Including conducting an Article 9 Secured Party Sale; and (II) Directing the receiver to Cooperate with Plaintiff's Sale Efforts
  49. Mim Mass Convertible Note Series Iii's Memorandum in support of Motion for Order (I) Permitting Plaintiff to Enforce its Collateral Rights Against the Companies' Assets, Including conducting an Article 9 Secured Party Sale; and (II) Directing the receiver to Cooperate with Plaintiff's Sale Efforts
  50. Affidavit of David Engel
  51. Opposition to Plaintiff's Motion for Order (I) Permitting Plaintiff to Enforce its Collateral Rights Against the Companies' Assets, Including conducting an Article 9 Secured Party Sale; and (II) Directing the receiver to Cooperate with Plaintiff's Sale Efforts filed by Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina, Mim Management, Llc, Middlesex Integrative Medicine, Inc.
  52. Affidavit of David J. Bartlett, Jr.
  53. Affidavit of James Barthel
  54. Affidavit of Edward J. Bartlett, III
  55. Receiver's Assent to Plaintiff's Motion to Permit Plaintiff to Enforce its Collateral Rights Against the Companies' Assets and for Related Relief
  56. Reply/Sur-reply Reply in Support of Plaintiff's Motion for Order (I) Permitting Plaintiff to Enforce its Collateral Rights Against the Companies' Assets, Including conducting an Article 9 Secured Party Sale; and (II) Directing the receiver to Cooperate with Plaintiff's Sale Efforts
  57. Plaintiff Mim Mass Convertible Note Series Iii's Request for Hearing
  58. Notice of Filing in Support of Plaintiff's Motion
  59. Event Result:: Rule 12 Hearing scheduled on: 01/22/2024 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. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 01/22/2024 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
  61. The following form was generated: Notice to Appear - BLS Sent On: 01/12/2024 13:52:31
  62. Attorney appearance On this date Michael J Fencer, Esq. dismissed/withdrawn for Defendant David Engel
  63. Attorney appearance On this date John Morrier, Esq. dismissed/withdrawn for Defendant David Engel
  64. Attorney appearance electronically filed.
  65. Matter taken under advisement: Rule 12 Hearing scheduled on: 02/05/2024 02:00 PM Has been: Held - Under advisement Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  66. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 02/05/2024 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. Matter taken under advisement: Motion Hearing scheduled on: 02/05/2024 02:00 PM Has been: Held - Under advisement Hon. Peter B Krupp, Presiding Staff: Gloria Brooks, Assistant Clerk Magistrate
  68. Endorsement on Motion to dismiss (#30.0): ALLOWED After hearing, ALLOWED. See memorandum and Order of same date. (Dated 2/6/24)Notice sent 02/08/24
  69. Endorsement on Motion for Order: (I) permitting Plaintiff to enforce its collateral rights against the companies' assets, including conducting an article 9 secured party sale; and (II) directing the receiver to cooperate with Plaintiff's sale efforts (#34.0): ALLOWED After hearing and further review, ALLOWED. See order of same date. (Dated 2/6/24)
  70. ORDER: Order on Plaintiff's Motion for Order: (I) Permitting Plaintiff to Enforce its Collateral Rights Against the Companies' Assets, Including Conducting an Article 9 Secured Party Sale; and (II) Directing the Receiver to Cooperate the Plaintiff's Sale Efforts See paper #43 (Dated 2/6/24)
  71. MEMORANDUM & ORDER: Memorandum and Order on Defendants-in-Counterclaim's Motion to Dismiss Defendants-in-Counterclaim's Motion to dismiss (Docket #30) is ALLOWED. See paper #44 (Dated 2/6/24) Judge: Krupp, Hon. Peter B Notice sent 02/08/24
  72. ORDER: Order of Consolidation See paper #45 (Dated 2/6/24) Notice sent 02/08/24
  73. Attorney appearance electronically filed.
  74. Defendant Middlesex Integrative Medicine, Inc.'s Notice of Withdrawal As Counsel To Receiver
  75. Event 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 Copied from linked case: 2384CV00383
  76. Plaintiff Mim Mass Convertible Note Series Iii's EMERGENCY Motion to Voluntary Dismiss Individual Defendants
  77. Endorsement 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) Notice Sent 3/1/24
  78. Event 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
  79. Event 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: 2384CV00383
  80. Defendants 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
  81. Defendants 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
  82. Nancy 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
  83. Affidavit of Defendant Edward J. Bartlett
  84. Second Affidavit of Defendant Edward J. Bartlett
  85. Affidavit of Defendant Catherine E. Zadina
  86. Opposition to Motion for Court Order Requiring Receiver's Compliance with His Duties filed by David Engel
  87. Affidavit of Defendant David Engel
  88. Defendants 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
  89. Affidavit of Compliance with Superior Court Rule 9A Applies To: Bartlett, Jr., Edward J (Defendant); Deconcillis, Gregory P. (Defendant); Capone, Joseph (Defendant); Zadina, Catherine E. (Defendant)
  90. Affidavit 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)
  91. Notice 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)
  92. Opposition to Individual Defendants' Emergency Motion to Stay the Disposal by Public Sale on March 15, 2024 Pending Receiver's Compliance with His Duties filed by Mim Mass Convertible Note Series Iii
  93. Event 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: 2384CV00383
  94. Attorney appearance On this date Edward J Bartlett, Jr., Esq. added for Plaintiff Mim Mass Convertible Note Series Iii
  95. Opposition to Plaintiff's Motion To Voluntary Dismiss Individual Defendants filed by Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina, Middlesex Integrative Medicine, Inc. (EFILED ON 3/4/24)
  96. Affidavit Edward J. Bartlett, Jr (EFILED ON 3/4/24)
  97. Affidavit Applies To: Zadina, Catherine E. (Defendant) (EFILED ON 3/4/24)
  98. Affidavit Edward J. Bartlett, Jr. (EFILED ON 3/4/24)
  99. Event 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
  100. Event 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
  101. The following form was generated: Notice to Appear - BLS Sent On: 03/14/2024 10:34:46
  102. Event 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 Copied from linked case: 2384CV00383
  103. Event 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: 2384CV00383
  104. The following form was generated: Notice to Appear - BLS Sent On: 03/14/2024 10:31:41 Copied from linked case: 2384CV00383
  105. Endorsement 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
  106. Endorsement 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
  107. Endorsement 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) Notice sent 3/19/2024.
  108. First Report of Receiver David Engel Copied from linked case: 2384CV00383
  109. Event 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
  110. The following form was generated: Notice to Appear - BLS Sent On: 05/08/2024 14:53:51
  111. Event 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: 2384CV00383
  112. The following form was generated: Notice to Appear - BLS Sent On: 05/08/2024 14:44:52 Copied from linked case: 2384CV00383
  113. Attorney appearance On this date Michael B Feinman, Esq. added as Limited Appearance Counsel for Other interested party Mohawk Drive Corp
  114. Other Interested Party Mohawk Drive Corp's EMERGENCY Motion to intervene
  115. Superior Court Rule 9A Schedule of Documents Applies To: Mohawk Drive Corp (Other interested party)
  116. Certification of Notice of Superior Court Rule 9A Filing with Certificate of Service Applies To: Mohawk Drive Corp (Other interested party)
  117. Other Interested Party Mohawk Drive Corp's Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc
  118. Opposition to Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc filed by David Engel
  119. Other Interested Party Mohawk Drive Corp's Reply to Opposition Motion for Leave to Pursue Claims
  120. Opposition to Mohawk Drive Corporation's Emergency Motion to Intervene filed by David Engel
  121. Defendant David Engel's Motion to Clarify Authority
  122. Opposition to Receiver's Motion to Clarify Authority filed by Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Joseph Capone, Catherine E. Zadina
  123. Notice of Filing and List of Documents
  124. Event 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
  125. Event 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 Copied from linked case: 2384CV00383
  126. Plaintiff, Defendants David Engel, Mim Mass Convertible Note Series Iii, Edward J Bartlett, Jr., Nancy J. Koury, Gregory P. Deconcillis, Middlesex Integrative Medicine, Inc., Mim Management, Llc, Catherine E. Zadina, Joseph Capone's Submission of Agenda for Rule 16 Conference Copied from linked case: 2384CV00383
  127. Other Interested Party Mohawk Drive Corp's Response to Receiver's Motion to Clarify Authority
  128. Endorsement on Motion to intervene (#61.0): ALLOWED For purposes of pursuing Docket #62. (Dated 6/26/2024) Notice Sent 7/1/24
  129. Endorsement on Motion for Leave to Pursue Claims Against David Engel, Receiver of Middlesex Integrative Medicine, Inc (#62.0): ALLOWED (Dated 6/26/2024) Notice Sent 7/1/24
  130. Event 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
  131. Event 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: 2384CV00383
  132. Endorsement on Motion to Clarify Authority (#66.0): ALLOWED After hearing, ALLOWED. See Order of same date. (Dated: 6/28/24)
  133. ORDER: Clarifying Order (Dated: 6/28/24) (Parties Notified by Email 7/1/24)
  134. Other Interested Party Mohawk Drive Corp's Motion to Remove Receiver
  135. Opposition to Motion of Mohawk Drive Corp. to Remove Receiver filed by David Engel
  136. Certification of Notice of Superior Court Rule 9A Filing with Certificate of Service
  137. Superior Court Rule 9A Schedule of Documents
  138. Attorney appearance On this date Edward J Bartlett, Jr., Esq. dismissed/withdrawn for Plaintiff Mim Mass Convertible Note Series Iii
  139. Event 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
  140. Matter 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
  141. Endorsement 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) Notice sent 9/6/24

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