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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-01-19
Status Open
Type Mergers, Consolidations, Sales Of Assests, Issuance Of Debt, Equity, Etc.
Docket 50 entries

Parties

Plaintiff Chase, Kenton
Defendant Pet Star Whale, Llc|Starikov, Fred|Petruzziello, Armando|Whalen, Stephen|City Realty Group, Llc

Lawyers

Docket Entries

  1. Plaintiff Kenton Chase's Notice of Voluntary Dismissal with prejudice and without costs abd waiving all risghts of appeal
  2. Civil action cover sheet filed.
  3. Application for Prejudgment Security Applies To: Chase, Kenton (Plaintiff)
  4. Plaintiff Kenton Chase's Motion to appt spec process server
  5. Plaintiff(s) Kenton Chase's Motion for Order of notice
  6. Notice of 93A complaint sent to Attorney General
  7. General correspondence regarding Notice of Acceptance into Business Litigation Session Accepted into BLS2 (Dated 1/19/2024) Notice sent 1/22/2024
  8. Endorsement on Application for Prejudgment Security (#3.0): Other action taken See Endorsement on Page #5 (Dated 1/22/2024)
  9. Endorsement on Motion for Special Process Server (#4.0): ALLOWED (Dated 1/22/2024)
  10. Endorsement on Motion to issue Short Order of Notice (#5.0): Other action taken Short Order of Notice to issue for Thursday 1/25/2024 @ 11:00am in Courtroom 1017. (Dated 1/22/2024)
  11. Summons and order of notice issued on a Motion for a Real Estate Attachment, for Trustee Process, for a Preliminary Injunction , returnable on 01/25/2024 11:00 AM Hearing on Preliminary Injunction.
  12. Event Result:: Hearing on Preliminary Injunction scheduled on: 01/25/2024 11:00 AM Has been: Not Held For the following reason: Joint request of parties Hon. Kenneth W Salinger, Presiding
  13. Defendants Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's Motion for Short Order of Notice
  14. Defendants Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's EMERGENCY Motion to quash Plaintiff's Subpoena to Non-Party First Republic Bank
  15. Opposition to Plaintiff's Application for Prejudgment Security filed by Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc
  16. Attorney appearance On this date Benjamin S Kafka, Esq. added for Defendant Pet Star Whale, Llc
  17. Attorney appearance On this date Benjamin S Kafka, Esq. added for Defendant Fred Starikov
  18. Attorney appearance On this date Benjamin S Kafka, Esq. added for Defendant Armando Petruzziello
  19. Attorney appearance On this date Benjamin S Kafka, Esq. added for Defendant Stephen Whalen
  20. Attorney appearance On this date Benjamin S Kafka, Esq. added for Defendant City Realty Group, Llc
  21. Event Result:: Hearing on Preliminary Injunction scheduled on: 02/07/2024 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding
  22. Endorsement on Application for Prejudgment Security (#3.0): Other action taken After hearing, allowed in part as to the Reach and Apply injunction to tie up defendants' interests in the Norumbega Development Realty Trust. Plaintiff shall submit a proposal form of order. The Court finds that this is adequate security for the individual defendants' likely maximum liability. The motion is therefore otherwise denied. (Dated: 2/7/24) Judge: Salinger, Hon. Kenneth W
  23. Endorsement on Motion to quash Plaintiff's Subpoena to Non-Party First Republic Bank (#8.0): ALLOWED Allowed. Given the Court's ruling on Plaintiff's motion for prejudgment interest this discovery seems unnecessary. (Dated" 2/7/24) (Parties Notified by Email 2/7/24)
  24. ORDER: After hearing argument on Kenton Chase's "Application for Prejudgment Security" and considering the papers submitted by Mr. Chase and by the Defendants, the Court finds and orders as follows 1 The Court finds that Mr. Chase has a likelihood of recovering $431,623.96 from Fred Starikov, Armando Petuzziello and Stephen Whalen under his claim for breach of the Purchase and Sale and Assignment Agreement.; 2 Mr. Starikov, Mr. Petuzziello and Mr. Whalen agreed (through counsel) to the entry of a preliminary injunction that would tie up their ownership interests in the Norumbega Development Realty Trust ("the Trust"). As a result, the Court does not need to determine whether Mr. Chase would suffer irreparable harm of such injunctive relief were not granted.; 3 Pursuant to Mass.R.Civ.P. 65, the Court preliminarily restrains, enjoins, and prohibits: a Fred Starikov, Stephen Whalen, Armando Petuzziello and each of their attorneys, employees and other agents from transferring, assigning, paying or encumbering and interest that Starikov, Whalen or Petuzziello may have in the Trust; and b. Fred Starikov, as Trustee of the Trust, from transferring, assigning, paying or encumbering any assets of the Trust, including money or distributions due or to become due to Starikov, Whalen or Petuzziello up to $431,623.96. To the Extent any money belonging to the Trust is due or becomes due to Starikov, Whalen or Petuzziello the Trustee of the Trust shall separately account for and retain such money up to $431,623.96; 4. The orders set forth above shall remain in effect until further order of the Court. If there is a relevant and material change in circumstances, Starikov, Whalen, Petuzziello or the Trustee of the Trust may serve and file a motion seeking to modify the Preliminary Injunction in conformity with all applicable rules including Superior Court Rule 9c. 5. The Court will not enter the additional preliminary injunctive relief that Mr. Chase requested in his proposed form of order against limited liability companies that are not parties to this action, were not given notice and an opportunity to be heard and are outside the scope of the relief that Chase requested in his Application for Prejudgment Security.
  25. Kenton Chase's Memorandum in support of Application For Prejudgment Security (EMERGENCY)
  26. The following form was generated: Notice to Appear - BLS Sent On: 02/20/2024 14:17:58
  27. Defendants Fred Starikov, Pet Star Whale, Llc, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's Motion for Short Order Of Notice
  28. Defendant Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's EMERGENCY Motion for Protective Order with Respect to Plaintiff's Notice of Depositions and the Defendants Deadline to Respond to the Complaint with Incorporated Memorandum of Law (FILED 2/23/24)
  29. Affidavit of Benjamin S. Kafka in Support of Defendants' Emergency Motion for Protective Order (FILED 2/23/24)
  30. Defendant Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's Motion for Short Order of Notice (FILED 2/23/24)
  31. Defendant Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's Motion for Short Order of Notice (Amended)
  32. Defendant Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc's EMERGENCY Motion for Protective Order with respect to Plaintiff's Notice of Deposition and the Defendant's deadline to respond to the Complaint with incorporated Memorandum of Law
  33. Affidavit of Benjamin S. Kafka in Support of Defendants' Emergency Motion for Protective Order
  34. Event Result:: Hearing for Protective Order scheduled on: 03/06/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: Unable to reach due to trial schedule Hon. Kenneth W Salinger, Presiding
  35. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 03/06/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Comments: See Note pertaining to rescheduling of Protective Ord Hon. Kenneth W Salinger, Presiding
  36. Opposition to Defendants' Emergency Motion for Protective Order and Cross Motion to Compel and for Sanctions filed by Kenton Chase
  37. Letter to Judge Salinger regarding partial dispositive motions (Letter filed on 2/12/2024) Applies To: Chase, Kenton (Plaintiff) [CLERK'S NOTE: Defendants' Request for leave to serve & file PARTIAL Motion to Dismiss: ALLOWED] [CLERK'S NOTE: Plaintiff's Request for leave to serve & file PARTIAL Motion for Summary Judgment: DENIED] Judge: Salinger, Hon. Kenneth W
  38. Opposition to to Plaintiffs Cross Motion to Compel and for Sanctions filed by Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen, City Realty Group, Llc
  39. Proposed Filings/Orders Proposed Agenda for Rule 16 Scheduling Conference
  40. Event Result:: Hearing for Protective Order scheduled on: 03/11/2024 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding
  41. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 03/11/2024 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding
  42. ORDER: Scheduling Order (Dated: 3/12/24) (Notice Sent to Counsel via Email 3/12/24)
  43. Endorsement on Motion for protective order with respect to plaintiff's notice of depositions and the defendant's deadline to respond to the complaint (#13.0): DENIED after hearing. see scheduling order. (dated 3/11/24) Notice Sent 3/15/24
  44. Endorsement on Motion for protective order with respect to plaintiff's notice of depositions and the defendant's deadline to respond to the complaint (#17.0): DENIED see endorsement on docket No. 13(duplicate). (dated 3/11/24) Notice Sent 3/15/24
  45. Endorsement on Submission of opposition to defendant's emergency motion for protective order and cross-motion to compel and for sanctions (#19.0): DENIED the cross-motion for sanctions is DENIED. (dated 3/11/24) Notice Sent 3/15/24
  46. Plaintiff, Defendant Kenton Chase, Pet Star Whale, Llc, Fred Starikov, Armando Petruzziello, Stephen Whalen's Joint Motion to Vacate Order of Preliminary Injunction
  47. ORDER of dismissal nisi entered after action was reported settled; Agreement or Stipulation shall be filed in this court by 05/10/2024
  48. Endorsement on Motion to vacate order of preliminary injunction (#23.0): ALLOWED Allowed and so ordered. (Dated 4/30/24) Motion allowed. Nisi of 15 days to issue. (Dated 4/30/24) (Notice sent 5/3/24)
  49. Plaintiff, Defendant Kenton Chase, Pet Star Whale, Llc, Fred Starikov, Trustee Of Alex Hamilton Realty Trust, Fred Starikov, Trustee Of The Norumbega Realty Trust, Armando Petruzziello, Stephen Whalen's Joint Motion for Entry of 90 Day Nisi Order
  50. Endorsement on Motion for Entry of 90 Day Nisi Order (#25.0): ALLOWED (Dated: 5/9/24) Notice Sent 5/10/24

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