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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-08-01
Status Open
Type Employment Agreements
Docket 41 entries

Parties

Plaintiff Frank, Glenn
Defendant Hightower Holding Llc Dba Lexington Wealth Management|Tucci, Michael|Porcaro, Kristine

Lawyers

Docket Entries

  1. Attorney appearance On this date Todd Jarrett Bennett, Esq. added for Plaintiff Glenn Frank
  2. Original civil complaint filed.
  3. Civil action cover sheet filed.
  4. Plaintiff(s) Glenn Frank's Motion for a Preliminary Injunction
  5. Glenn Frank's Memorandum
  6. Glenn Frank's MOTION for appointment of Special Process Server.
  7. Glenn Frank's MOTION for appointment of Special Process Server. for the State of New Hampshire
  8. Plaintiff Glenn Frank's Motion for Short Order of Notice as to his Motion for a Preliminary Injunction prohibiting Enforcement of Overboard Non-Solicitation and Non-Service Clauses
  9. Attorney appearance electronically filed.
  10. Attorney appearance electronically filed.
  11. General correspondence regarding Notice of Acceptance into Business Litigation Session Accepted into BLS2 (Dated 8/2/2024) Notice sent 8/5/2024
  12. Endorsement on Motion for Appointment of a Special Process Server (#5.0): ALLOWED (dated 8/6/24) Notice sent 8/6/24
  13. Endorsement on Motion for Appointment of a Special Process Server for the State of New Hampshire (#6.0): ALLOWED (dated 8/6/24) Notice sent 8/6/24
  14. Endorsement on Motion for Short Order of Notice as to his Motion for a Preliminary Injunction Prohibiting Enforcement of Overbroad Non-Solicitation and Non-Service Clauses (#7.0): Summons and Order of Notice to issue Short Order of Notice to Issue on this Motion for Preliminary Injunction; Hearing scheduled for 8/20/24 in Courtroom 1017 @ 2:00 pm in person. (dated 8/6/24) Notice sent 8/6/24
  15. Summons and Order of Notice Returned for Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant)
  16. Service Returned for Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant)
  17. Summons and Order of Notice Returned for Applies To: Tucci, Michael (Defendant)
  18. Service Returned for Applies To: Tucci, Michael (Defendant)
  19. Defendants Hightower Holding LLC dba Lexington Wealth Management, Michael Tucci, Kristine Porcaro's Assented to Motion to Admit Attorney George H. Rau III Pro Hac Vice
  20. Attorney appearance electronically filed.
  21. Response to Plaintiff's Motion for Preliminary Injunction (Memorandum of Law Incorporated) filed by Hightower Holding LLC dba Lexington Wealth Management
  22. Defendants Hightower Holding LLC dba Lexington Wealth Management, Kristine Porcaro, Michael Tucci's Notice of Motion to Dismiss Verified Complaint
  23. Service Returned for Applies To: Porcaro, Kristine (Defendant)
  24. Endorsement on Motion to Admit Attorney George H. Rau III Pro Hac Vice (#13.0): ALLOWED Attorney George H. Rau, III admitted pro hac vice as counsel for defendants. Docket shall so reflect. dated(8/19/24) Notice Sent 8/21/24
  25. Event Result:: Hearing on Preliminary Injunction scheduled on: 08/20/2024 02:00 PM Has been: Held as Scheduled Hon. Debra A Squires-Lee, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  26. Amended: amended complaint filed by Glenn Frank
  27. Defendants Hightower Holding LLC dba Lexington Wealth Management, Michael Tucci, Kristine Porcaro's Assented to Motion to Admit Attorney Johanna Fabrizio Parker Pro Hac Vice
  28. Endorsement on Motion to admit Attorney Johanna Fabrizio Parker pro hac vice (#17.0): ALLOWED Allowed. Attorney Johanna Fabrizio Parker admitted pro hac vice as counsel for the Defendants. (Dated 8/29/24) Notice sent 9/3/24
  29. Endorsement on Motion for a preliminary injunction prohibiting enforcement of overbroad non-solicitation and non-service clauses (#3.0): ALLOWED After hearing and review, Allowed. Injunction to issue. See Memorandum of Decision and Order of today's today. (Dated 8/29/24) (Notice emailed 8/30/24)
  30. MEMORANDUM & ORDER: Memorandum of Decision and Order on Plaintiff Glenn Frank's Motion for a Preliminary Injunction Prohibiting Enforcement of Overbroad Non-Solicitation and Non-Service Clauses The Motion for Preliminary Injunction Prohibiting Enforcement of Overbroad Non-Solicitation and Non-Service Clauses is ALLOWED. It is hereby ORDERED that Hightower Holding LLP d/b/a Lexington Wealth Management is ENJOINED from enforcing paragraph 4 of the Standard Protective Agreement (Agreement) to the extent it purports to (a) prohibit Glenn Frank from contacting or soliciting Customers or Prospective Customers (as defined in the Agreement) with whom he had a client relationship prior his employment with LWM or (b) prohibit Glenn Frank from contacting or soliciting Customers or Prospective Customers (as defined in the Agreement) with whom Glenn Frank had no contact or relationship during his employment with LWM. Nothing in this Order affects Glenn Frank's remaining obligations under the Agreement including, without limitation, his obligations concerning Confidential Information as provided in paragraph 3 of the Agreement. See paper #18 (Dated 8/29/24) (Notice emailed 8/30/24) Judge: Squires-Lee, Hon. Debra A
  31. Defendant Hightower Holding LLC dba Lexington Wealth Management, Michael Tucci, Kristine Porcaro's Notice of Motion to Dismiss
  32. The following form was generated: Notice to Appear - BLS was generated and sent to: Plaintiff: Todd Jarrett Bennett, Esq. [email protected] Plaintiff: Michaela C May, Esq. [email protected] Plaintiff: Zachary Heller Hammond, Esq. [email protected] Defendant: Thomas Edward Lent, Esq. [email protected] Defendant: George H. Rau, III (PHV for Hightower Holding LLC dba Lexington Wealth Management, Tucci, Michael,Porcaro, Kristine) George H. Rau III 815 Walker Street Suite 1440, Houston, TX 77002 Other interested party: Johanna Fabrizio Parker (PHV Atty for Defendants) Benesch, Friedlander, Coplan and Aronoff, LLP 127 Public Square Suite 4900, Cleveland, OH 44114 Sent On: 09/19/2024 15:40:18
  33. Defendants Hightower Holding LLC dba Lexington Wealth Management, Kristine Porcaro, Michael Tucci's Motion to Dismiss Amended Verified Complaint (Memorandum of Law Incorporated)
  34. Defendants Hightower Holding LLC dba Lexington Wealth Management, Kristine Porcaro, Michael Tucci's Certificate of Rule 9C
  35. Defendants Hightower Holding LLC dba Lexington Wealth Management, Kristine Porcaro, Michael Tucci's Petition for Hearing
  36. Opposition to Motion to Dismiss Amended Verified Complaint filed by Glenn Frank
  37. Reply Memorandum in Further Support of Motion to Dismiss Amended Verified Complaint Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant); Tucci, Michael (Defendant); Porcaro, Kristine (Defendant)
  38. List of Documents Filed Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant); Tucci, Michael (Defendant); Porcaro, Kristine (Defendant)
  39. Defendant Hightower Holding LLC dba Lexington Wealth Management's Notice of Appeal
  40. Notice of appeal filed. (See p#23) Notice sent 9/25/24 Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant)
  41. Certification/Copy of Letter of transcript ordered from Court Reporter 08/20/2024 02:00 PM Hearing on Preliminary Injunction Applies To: Hightower Holding LLC dba Lexington Wealth Management (Defendant)

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