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- JUDGMENT on Defendants, SJBB Fitness LLC, One Fitness Group, LLC, SVN Fitness, LLC, Work Out World Dartmouth, LLC, WAMP Fitness, LLC, Too Fitness Group, LLC, Tree Fitness Group, LLC, X Fitness Group, LLC, Cardio Fitness Group LLC, FTN Fitness, LLC, Fitness Capital, LLC, Fore Fitness Group, LLC, V Fitness Group, LLC 12(b) motion to dismiss against Plaintiff(s) Zoo Gym Investments, LLC, Edward J Baroody. It is ORDERED and ADJUDGED: That Count VII (conversion) of the Amended Counterclaim of the defendant, Zoo Gym Investments, LLC, as to defendants-in-counterclaim, SJBB Fitness LLC, One Fitness Group, LLC, SVN Fitness, LLC, Work Out World Dartmouth, LLC, WAMP Fitness, LLC, Too Fitness Group, LLC, Tree Fitness Group, LLC, X Fitness Group, LLC, Cardio Fitness Group LLC, FTN Fitness, LLC, Fore Fitness Group, LLC, V Fitness Group, LLC, and Fitness Capital, LLC, be and hereby is DISMISSED. That Count VIII (c. 93A) of the Amended Counterclaim of the defendants, Zoo Gym Investments, LLC and Edward J. Baroody, as to defendants-in-counterclaim, SJBB Fitness LLC, One Fitness Group, LLC, SVN Fitness, LLC, Work Out World Dartmouth, LLC, WAMP Fitness, LLC, Too Fitness Group, LLC, Tree Fitness Group, LLC, X Fitness Group, LLC, Cardio Fitness Group LLC, FTN Fitness, LLC, Fore Fitness Group, LLC, V Fitness Group, LLC, and Fitness Capital, LLC, be and hereby is DISMISSED to the extent that it release on legal misrepresentations set forth in paragraphs 56 through 59 of the Amended Counterclaim. This judgment is not final until all other claims in the above-entitled matter have been disposed of by some further order of the Court.
- Complaint electronically filed.
- Civil action cover sheet filed.
- Plaintiffs WOW! Work Out World New England's Motion for Trustee Process
- Plaintiffs WOW! Work Out World New England's Motion for Short Order of Notice
- Case assigned to: DCM Track A - Average was added on 10/10/2024
- Endorsement on Motion for Short Order of Notice (#4.0): Summons and Order of Notice to issue returnable to the Lawrence Superior Court on 10/29/24 at 2:00pm.
- Summons and order of notice issued on a Motion for Trustee Process , returnable on 10/29/2024 02:00 PM Hearing on Trustee Process.
- Plaintiff WOW! Work Out World New England's Joint Motion to continue hearing on short order of notice
- Attorney appearance electronically filed. Applies To: Rajwani, Esq., Catherine Isabell (Attorney) on behalf of Baroody, Edward J, Zoo Gym Investments, LLC (Defendant)
- Event Result:: Hearing on Trustee Process scheduled on: 10/29/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Comments: Joint Motion to Continue was ALLOWED. Hearing now set for 11/5/24. Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
- Endorsement on Motion to continue / reschedule an event (#5.0): ALLOWED
- Opposition to Motion for Trustee Process filed by Zoo Gym Investments, LLC
- Service Returned for Defendant Zoo Gym Investments, LLC: Service accepted by counsel
- Service Returned for Defendant Edward J Baroody: Service accepted by counsel
- Event Result:: Hearing on Trustee Process scheduled on: 11/05/2024 02:15 PM Has been: Held as Scheduled Comments: Attorney David Conti appearing for Plaintiff and Attorney Catherine Rajwani appearing for Defendants. Matter taken under advisement at hearing but decision issued shortly afterward. Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
- Endorsement on Motion for Trustee Process (#3.0): DENIED After hearing and consideration of the applicable law the court finds that paramount acceptance a/k/a paramount acceptance corporation does not maintain a usual place of business in Massachusetts Accordingly, the statutory requirements of trustee process are not met and the motion therefore is DENIED. Judge: Howe, Hon. Janice W
- Pleading titled, First Amended Complaint, filed with the court on 11/15/2024, returned to David A Conti, Esq. Accepted via e-file in error. There is a fee of $2,880.00 due for the addition of 12 plaintiffs.
- Amended: amended complaint filed by WOW! Work Out World New England
- Docket Note: Due to clerical error, an answer, counterclaim and third party complaint was accepted via e-file without the filing fee or an amended complaint being filed yet. Email sent to filing attorney to resubmit with filing fee. Paid for 3 summons already (3rd party). Mail upon receipt of 3rd party complaint
- Answer to amended complaint, counterclaims and third party complaint
- Service Returned for Defendant Beninati, Elizabeth: Service accepted by counsel Service Returned for Defendant Masotta, Joseph: Service accepted by counsel Service Returned for Defendant Borghi, Steve: Service accepted by counsel on 12/9/24
- Defendants Zoo Gym Investments, LLC, Edward J Baroody's Notice of Dismissal of Third-Party Complaint - Without Prejudice
- Defendants Zoo Gym Investments, LLC, Edward J Baroody's Motion to Join Defendants in Counterclaim (Unopposed)
- Endorsement on Motion to Join Defendants-In-Counterclaim (#13.0): ALLOWED The unopposed motion to join is ALLOWED.
- Answer to amended complaint, Affirmative Defenses, and Amended Counterclaim Applies To: Zoo Gym Investments, LLC (Defendant); Baroody, Edward J (Defendant)
- Case file images
- Acceptance of Service of David A. Conti, Esq., for Defendants-In-Counterclaim Elizabeth Beninati, Steve Borghi, and Joseph Masotta
- Answer to the counterclaim Applies To: WOW! Work Out World New England (Plaintiff); SJBB Fitness LLC (Plaintiff); One Fitness Group, LLC (Plaintiff); SVN Fitness, LLC (Plaintiff); Work Out World Dartmouth, LLC (Plaintiff); WAMP Fitness, LLC (Plaintiff); Too Fitness Group, LLC (Plaintiff); Tree Fitness Group, LLC (Plaintiff); X Fitness Group, LLC (Plaintiff); Cardio Fitness Group LLC (Plaintiff); FTN Fitness, LLC (Plaintiff); Fore Fitness Group, LLC (Plaintiff); V Fitness Group, LLC (Plaintiff); Fitness Capital, LLC (Plaintiff)
- Defendants's Notice of intent to file motion to dismiss counterclaims and a special motion to dismiss Applies To: Beninati, Elizabeth (Defendant); Masotta, Joseph (Defendant); Borghi, Steve (Defendant)
- Defendants Elizabeth Beninati, Steve Borghi, Joseph Masotta's Motion to Dismiss All Counterclaims Arising Out of the "Legal Misrepresentations"
- Elizabeth Beninati, Steve Borghi, Joseph Masotta's Memorandum in support of The Motion to Dismiss All Counterclaims Arising Out of the "Legal Misrepresentations"
- Opposition to Motion to Dismiss filed by Zoo Gym Investments, LLC, Edward J Baroody
- Defendants Elizabeth Beninati, Steve Borghi, Joseph Masotta's Request for Oral Argument
- Affidavit of compliance with Superior Court Rule 9A Applies To: Conti, Esq., David A (Attorney) on behalf of Beninati, Elizabeth, Borghi, Steve, Masotta, Joseph (Defendant)
- Certificate of Compliance Superior Court Rule 9C
- Rule 9A notice of filing Applies To: Conti, Esq., David A (Attorney) on behalf of Beninati, Elizabeth, Borghi, Steve, Masotta, Joseph (Defendant)
- Rule 9A list of documents filed. Applies To: Conti, Esq., David A (Attorney) on behalf of Beninati, Elizabeth, Borghi, Steve, Masotta, Joseph (Defendant)
- Defendants Elizabeth Beninati, Steve Borghi, Joseph Masotta's Motion to Dismiss Count VII of the Amended Counterclaims Pursuant to M. G.L.c 231 Section 59H
- Elizabeth Beninati, Steve Borghi, Joseph Masotta's Memorandum in support of Motion to Dismiss Count VII of the Amended Counterclaims Pursuant to M. G.L.c 231 Section 59H
- Affidavit of David A. Conti
- Opposition to Special Motion to Dismiss Count VII of the Amended Counterclaims Pursuant to M.G.L. c 231 Section 59H filed by Zoo Gym Investments, LLC
- Declaration of Catherine Rajwani in Support of Zoo Gym Investments' Opposition to Special Motion to Dismiss Count VII of the Amended Counterclaims Pursuant to M.G.L. c 231 Section 59H
- Affidavit of compliance with Superior Court Rule 9A Applies To: Conti, Esq., David A (Attorney) on behalf of Beninati, Elizabeth, Borghi, Steve, Masotta, Joseph (Defendant)
- Request for hearing filed Defendants-In-Counterclaim's Request for Oral Argument Applies To: Conti, Esq., David A (Attorney) on behalf of Beninati, Elizabeth, Borghi, Steve, Masotta, Joseph (Defendant)
- Certificate of Compliance Superior Court Rule 9C
- Rule 9A notice of filing
- Rule 9A list of documents filed.
- Matter taken under advisement: Motion Hearing scheduled on: 06/10/2025 02:30 PM Has been: Held - Under advisement Comments: [FTR 2:46:16 p.m. - 2:52:33 p.m. and 3:22:14 p.m. - 3:43:23 p.m.] Hon. Elizabeth Dunigan, Presiding Appeared: Plaintiff David A Conti, Esq., Defendant Catherine Isabell Rajwani, Esq., Staff: Nancy Keller, Assistant Clerk Magistrate
- Matter taken under advisement: Rule 12 Hearing scheduled on: 06/10/2025 02:30 PM Has been: Held - Under advisement Comments: [FTR 2:46:16 p.m. - 2:52:33 p.m. and 3:22:14 p.m. - 3:43:23 p.m.] Hon. Elizabeth Dunigan, Presiding Appeared: Plaintiff David A Conti, Esq., Defendant Catherine Isabell Rajwani, Esq., Staff: Nancy Keller, Assistant Clerk Magistrate
- Endorsement on Motion to dismiss certain counts of Counterclaim Arising out of "Legal Misrepresentations" (#18.0): ALLOWED After a hearing, Motion ALLOWED. See Court's Memorandum of Decision and Order at Paper #20.
- Endorsement on Motion for special motion to dismiss (#19.0): ALLOWED After a hearing, Motion ALLOWED. See Court's Memorandum of Decision and Order at Paper No. 20.
- MEMORANDUM & ORDER: "... For the reasons explained above, it is hereby ORDERED that: 1. the Motion of the Defendants-in-Counterclaim to Dismiss All Counterclaims Arising Out of the "Legal Misrepresentations" (Paper #18) is ALLOWED; and 2. the Motion Defendants-in-Counterclaim to Dismiss Count VII of the Amended Counterclaim Pursuant to G. L. c. 231, 59H (Paper #19) is ALLOWED. SO ORDERED." ***For full text of Memorandum of Decision and Order, see Paper No. 20.*** Judge: Dunigan, Hon. Elizabeth
- Docket Note: On 10/16/25 Clerk Keller emailed Paper No. 20 to all counsel of record.
- Answer to the counterclaim Applies To: Beninati, Elizabeth (Defendant); Masotta, Joseph (Defendant); Borghi, Steve (Defendant)
- Party(s) file Stipulation Joint Stipulation for Counter-Plaintiff, Zoo Gym Investments, to Pay Defendants-in-Counterclaim's Legal Fees for Slapp Motion (e-filed) Applies To: Zoo Gym Investments, LLC (Defendant); Beninati, Elizabeth (Defendant); Masotta, Joseph (Defendant); Borghi, Steve (Defendant)
- JUDGMENT on Defendants, Elizabeth Beninati, Joseph Masotta, Steve Borghi 12(b) motion to dismiss against Plaintiff(s) Zoo Gym Investments, LLC. It is ORDERED and ADJUDGED: That Count VII (conversion) of the Amended Counterclaim of the defendant, Zoo Gym Investments, LLC, as to defendants-in-counterclaim, Elizabeth Beninati, Joseph Masotta, and Steve Borghi, be and hereby is DISMISSED. This judgment is not final until all other claims in the above-entitled matter have been disposed of by some further order of the Court.
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