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Case Information
Filed
2024-07-26
Status
Open
Type
Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket
20 entries
Parties
Plaintiff
Jm Convenience Llc|Ellahi, Irfan|Bilal, Mazafar
Defendant
Javid, Ahmed
Lawyers
Docket Entries
- Party(s) file Stipulation of Dismissal (Joint) The Plaintiffs pursuant to M.R.C.P. 41(a)(1), jointly with the Defendant, dismiss all claims in the above-captioned matter with prejudice and without fees to either party. The parties waive all rights of appeal. Applies To: JM Convenience LLC (Plaintiff); Ellahi, Irfan (Plaintiff); Bilal, Mazafar (Plaintiff); Javid, Ahmed (Defendant)
- Civil action cover sheet filed.
- Case assigned to: DCM Track A - Average was added on 07/26/2024
- Demand for jury trial entered.
- Claim filed under 93A
- JM Convenience LLC, Irfan Ellahi, Mazafar Bilal's MOTION for appointment of Special Process Server. of Robert Sweeny of Constable Services. ALLOWED. On 07/26/2024. (Bloomer,J.).
- Attorney appearance On this date Robert D Loventhal, Esq. added as Private Counsel for Defendant Ahmed Javid
- Attorney appearance electronically filed.
- Defendant Ahmed Javid's Motion to Extend Time to File a Responsive Pleading
- Endorsement on Motion to Extend Time to File a Responsive Pleading (#4.0): ALLOWED Assented-to motion allowed. August 19, 2024
- Service Returned for Defendant Javid, Ahmed: Service made in hand; 5 Sycamore Avenue, Sagamore Beach, Massachusetts 02562
- Defendant Ahmed Javid's Motion to Dismiss Pursuant to Rule 9.
- Opposition to Motion to Dismiss Pursuant to Rule 9. filed by JM Convenience LLC, Mazafar Bilal
- Reply/Sur-reply to Opposition to Motion to Dismiss Pursuant to Rule 9. Applies To: Javid, Ahmed (Defendant)
- Affidavit of compliance with Superior Court Rule 9A Applies To: Loventhal, Esq., Robert D (Attorney) on behalf of Javid, Ahmed (Defendant)
- Defendant Ahmed Javid's Motion to Appear by Zoom
- General correspondence regarding Michael Vigorito, Attorney for the Plaintiff has no opposition to Defendant's Motion for Robert D. Loventhal, to appear via zoom for the conference scheduled on February 18, 2025.
- Endorsement on Motion to appear by zoom (#7.0): ALLOWED Here is the zoom link : https://link.edgepilot.com/s/e20f59bb/1pjzKw6hVE2hwbIcDyVrmw?u=https://www.zoomgov.com/j/1605211261?pwd=dXY3Z0J3RGd4V28xaVp2WnhOVFFRUT09 Meeting ID: 160 521 1261 Passcode: 826678 One tap mobile +16692545252,,1605211261#,,,,*826678# US (San Jose) +16468287666,,1605211261#,,,,*826678# US (New York) Judge: Sarrouf, Camille
- Matter taken under advisement: Rule 12 Hearing scheduled on: 02/18/2025 02:00 PM Has been: Held - Under advisement Camille Sarrouf, Presiding Staff: Debra J Newman, Assistant Clerk
- Endorsement on Motion to Dismiss Pursuant to Rule 9 (#6.0): DENIED Expanded Endorsement on defendant, Ahmed Javid's ("Javid"), motion to dismiss plaintiffs' complaint against him (Paper #6). In this business sale dispute, plaintiffs forward claims of breach of contract & breach of good faith and fair dealing (Count I), detrimental reliance (Count II), fraudulent misrepresentation (Count III), and violation of M.G.L. c. 93A (Count IV), defendant seeks dismissal based upon the theories of parole evidence and the integration clause. Plaintiffs, essentially, counter with claims of oral contract/agreement at or about the time of closing. After of the complaint, motions presented for review, dueling and relevant case law cited by the parties, statements made by counsel at the hearing held, and Rule 12(b)(6), the motion is DENIED. To withstand a motion to dismiss pursuant to Rule 12(b)(6), a claim must allege facts plausibly suggesting an entitlement to relief (emphasis added). Iannocchino v. Ford Motor Co., 451 Mass. 623, 636 (2008). Rule 12(b)(6) imposes a relatively low standard for surviving a motion to dismiss. Marram v. Kobrick Offshore Fund, Ltd., 442 Mass. 43, 45 (2004). Nevertheless, a plaintiff is obligated to provide more than mere labels and conclusions. Iannochino, 451 Mass. at 636. When considering a claim, the court accepts as true the allegations set forth in the complaint and draws any reasonable inferences in the plaintiff's favor. Sisson v. Lhowe, 460 Mass. 705, 707 (2011). Here, at this stage of litigation, there exists some caution in wielding the ultimate disposition of this forwarded claims without the benefit of discovery. Therefore, based upon the foregoing, the motion is DENIED. SO ORDERED. Dated February 25, 2025, and notices mailed. Judge: Sarrouf, Camille
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