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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2025-08-21
Status Open
Type Employment Agreements
Docket 70 entries

Parties

Plaintiff Anaplan Parent, Lp|Anaplan, Inc.
Defendant Brennan, Timothy

Lawyers

Docket Entries

  1. Endorsement on motion to compel (#41.0): Arbitration and Stay Judicial Proceedings or, in the Alternative, to Dismiss for Failure to State a Claim ALLOWED The parties are ORDERED to proceed to arbitration G.L. c. 251. Sec. 2(a). The Court has on today's date issued an Order on Plaintiffs' Motion for temporary restraining order regarding Brennan's return of property obligation, and requiring a forensic protocol. Disputes regarding that Order, shall be brought to the Arbitrator. This case is, as of todays' date. STAYED pending arbitration. Dated: 10/20/25 Notice sent by email 10/20/25
  2. Complaint electronically filed.
  3. Exhibits/Appendix
  4. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s Motion for Temporary Restraining Order And Preliminary Injunction
  5. Anaplan Parent, LP, ANAPLAN, INC.'s Memorandum in support of Motion for Temporary Restraining Order And Preliminary Injunction
  6. Declaration Of Adam Thier In Support Of Anaplan's Motion For TRO And Preliminary Injunction
  7. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s Motion for Expedited Discovery
  8. Anaplan Parent, LP, ANAPLAN, INC.'s Memorandum in support of Motion for Expedited Discovery
  9. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s Motion for Short Order Of Notice And Expedited Discovery On Its Motion For Temporary Restraining Order And Preliminary Injunction
  10. General correspondence regarding Notice of Acceptance into Business Litigation Session Accepted into BLS2 (Dated 8/22/2025) Notice sent 8/22/2025
  11. Summons and order of notice issued on a Motion for a Preliminary Injunction and Expedited Discovery, returnable on 08/29/2025 02:00 PM Hearing on Preliminary Injunction.
  12. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s Notice of Payment of Summons & Short Order of Notice
  13. Attorney appearance On this date Thomas T Reith, III, Esq. added for Plaintiff Anaplan Parent, LP
  14. Attorney appearance On this date Thomas T Reith, III, Esq. added for Plaintiff ANAPLAN, INC.
  15. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Assented to Motion for Admission Pro Hac Vice of Theresa Topping, Esq.
  16. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Assented to Motion for Admission Pro Hac Vice of Leigh Ann Buziak, Esq.
  17. Endorsement on Motion for admission pro hac vice of Leigh Ann Buziak (#12.0): ALLOWED Allowed. Attorney Buziak admitted pro hac vice as counsel for the Plaintiffs. Counsel is directed to review the Superior Court Rules esp. 9A, 9C, and 30A, in addition to the rules of civil procedure and all BLS directives. (Dated 8/28/25) (Notice email 8/28/25)
  18. Endorsement on Motion for Admission Pro Hac Vice of Theresa Topping, Esq. (#11.0): ALLOWED Attorney Topping is admitted pro hac vice as counsel for the plaintiffs. Counsel is directed to review the Superior Court Rules , esp 9A, 9C, 30A, in addition to the rules of civil procedure and all BLS directives. dated (8/28/25)
  19. Declaration of Leigh Ann Buziak in Support of Anaplan's Motion for TRO and Preliminary Injunction Applies To: Anaplan Parent, LP (Plaintiff); ANAPLAN, INC. (Plaintiff)
  20. Supplemental Declaration of Adam Thier in Support of Anaplan's Motion for TRO and Preliminary Injunction Applies To: Anaplan Parent, LP (Plaintiff); ANAPLAN, INC. (Plaintiff)
  21. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s Motion to Strike Defendant's Counter-Affidavit
  22. Attorney appearance On this date Patrick Hannon, Esq. added for Defendant Timothy Brennan
  23. Event Result:: Hearing on Preliminary Injunction scheduled on: 08/29/2025 02:00 PM Has been: Held as Scheduled Hon. Debra A Squires-Lee, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate
  24. Opposition to Plaintiffs' Motion for Temporary Restraining Order and Permanent Injunction filed by Timothy Brennan
  25. Declaration Applies To: Brennan, Timothy (Defendant)
  26. Plaintiffs' Supplemental Brief in Support of Motion for Preliminary Injunction
  27. Declaration of Leigh Ann Buziak in Support of Plaintiff's Supplemental Brief in Support of Motion for TRO and Preliminary Injunction
  28. Defendant Timothy Brennan's Motion for Leave To Submit Three-Page Response To Plaintiffs' Supplemental Brief
  29. Defendant Timothy Brennan's Response to Plaintiffs' Supplemental Brief in Support of Motion for Preliminary Injunction
  30. Endorsement on Motion for Leave To Submit Three-Page Response To Plaintiffs' Supplemental Brief (#20.0): ALLOWED Allowed. (dated 9/5/25) Notice sent by email
  31. Amended: First amended complaint filed by Anaplan Parent, LP, ANAPLAN, INC.
  32. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s EMERGENCY Motion for a Temporary Restraining Order Enjoining Defendant from Breaching Return-of-Property Obligation
  33. Declaration of Leigh Ann Buziak in Support of Anaplan's Motion for TRO and Preliminary Injunction
  34. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Notice of Appeal
  35. Notice of appeal filed. (See p#25) Notice sent 9/15/25 Applies To: Anaplan Parent, LP (Plaintiff); ANAPLAN, INC. (Plaintiff)
  36. Endorsement on Motion for Temporary Restraining Order And Preliminary Injunction (#4.0): DENIED After hearing and review, denied. See Memorandum of Decision and Order of today's date. (dated 9/11/25) Notice sent by email
  37. ORDER: Memorandum of Decision and Order on Motion for Temporary Restraining Order and Preliminary Injunction Order: For the foregoing reasons, Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. See p#26 for complete Memorandum of Decision and Order. (dated 9/11/25) Notice sent by email
  38. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Motion for Impoundment of Exhibits D, E, and F to the Supplemental Declaration of Adam Thier in support of Anaplan's Motion for TRO and Preliminary Injunction (filed 8/29/25)
  39. Endorsement on Motion for Impoundment of Exhibits D, E, and F to the Supplemental Declaration of Adam Thier in support of Anaplan's Motion for TRO and Preliminary Injunction (#27.0): ALLOWED Allowed. Order to issue. (dated 9/11/25) Notice sent by email
  40. ORDER: Order on Plaintiffs' Motion for Impoundment See p#28 for complete Order. (dated 9/11/25) Notice sent by email
  41. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s EMERGENCY Motion for Injunction Pending Appeal
  42. Anaplan Parent, LP, ANAPLAN, INC.'s Memorandum in support of Emergency Motion for Injunction Pending Appeal
  43. Proposed Filings/Orders
  44. Plaintiffs Anaplan Parent, LP, ANAPLAN, INC.'s EMERGENCY Motion for Leave Nunc Pro Tunc to Exceed Twenty Page Limit for Brief in Support of Emergency Motion for Preliminary Injunction Pending Appeal
  45. Endorsement on Motion for Injunction Pending Appeal (#29.0): DENIED After hearing DENIED. Court does not find a likelihood of success on appeal and does not agree the legislature intended to abrogate all corporate separateness in the MNAA. (Dated 9/17/2025)
  46. Event Result:: Hearing on Preliminary Injunction scheduled on: 09/17/2025 02:00 PM Has been: Held as Scheduled Hon. Debra A Squires-Lee, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate
  47. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Notice of Appeal
  48. Plaintiff Anaplan Parent, LP, ANAPLAN, INC.'s Submission of Certification Regarding Transcripts Transcript of 8/29/25 ordered
  49. Notice of appeal filed. (See p#33) Notice sent 9/19/25 Applies To: Anaplan Parent, LP (Plaintiff); ANAPLAN, INC. (Plaintiff)
  50. Defendant Timothy Brennan's Notice of Motion pursuant to Rule 9E
  51. Event Result:: Conference to Review Status scheduled on: 09/23/2025 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Debra A Squires-Lee, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate
  52. Transcript of 8/29/25 received from transcriber Donna Holmes Dominguez (via email)
  53. Notice of docket entry received from Appeals Court Please take note that on September 24, 2025, the following entry was made on the docket of the above-referenced case (2025-J-0685): Motion to stay/vacate stay of judgment or sentence filed for Anaplan Parent, LP and Anaplan, INC. by Attorney Michael Deiulis.
  54. Notice of docket entry received from Appeals Court Please take note that on September 26, 2025, the following entry was made on the docket of the above-referenced case (2025-J-0685): ORDER (RE #1): A response is requested and due on or before 10/02/2025. (Tan, J.). *Notice/Attest.
  55. Event Result:: Conference to Review Status scheduled on: 10/01/2025 02:00 PM Has been: Held via Video/Phone Hon. Debra A Squires-Lee, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate
  56. Notice of docket entry received from Appeals Court Please take note that, with respect to the Motion to admit counsel Pro Hac Vice filed for Anaplan Parent, LP and Anaplan, Inc. by Attorney Michael Deiulis. (Paper #6),on October 1, 2025, the following order was entered on the docket of the above-referenced case: RE#6 & #7: Allowed. Leigh Ann Buziak and Theresa Topping are admitted pro hac vice on behalf of the plaintiffs petitioners for purposes of this single justice matter only. *Notice/Attest
  57. Appeal: Statement of the Case on Appeal (Cover Sheet).
  58. Notice of assembly of record sent to Counsel
  59. Notice to Clerk of the Appeals Court of Assembly of Record
  60. Notice of docket entry received from Appeals Court Please take note that on October 7, 2025, the following entry was made on the docket of the above-referenced case: ORDER (RE#1): The plaintiffs Anaplan Parent, LP and Anaplan, Inc. have filed a motion under Mass. R. A. P. 6. After the Superior Court denied their motion for a preliminary injunction seeking to enforce the terms of a non-competition agreement and to enjoin the defendant Timothy Brennan from continuing in his current employment with Pigment, the plaintiffs seek the same relief from the single justice while they pursue an appeal from the denial of the preliminary injunction by the Suffolk Superior Court in docket no. 2584CV02350. The Superior Court concluded that the non-competition agreement was not enforceable as it did not comply with the Massachusetts Noncompetition Agreement Act (MNAA), finding that the agreement was not signed by Brennan's employer, but rather a parent or grandparent company of the employer. The authority of the single justice to order an injunction pending appeal is limited. In a civil case, "[a]n appellant seeking a stay pending appeal must ordinarily meet four tests: (1) the likelihood of appellant's success on the merits; (2) the likelihood of irreparable harm to appellant if the court denies the stay; (3) the absence of substantial harm to other parties if the stay issues; and (4) the absence of harm to the public interest from granting the stay." Property Acquisition Group, LLC v. Ivester, 95 Mass. App. Ct. 170, 180 (2019), quoting C.E. v. J.E., 472 Mass. 1016, 1017 (2015). After careful review of the plaintiffs' motion, memorandum and supporting documents, the defendant's response, and the trial court judge's lengthy decision and rulings of law issued after hearing, I am not persuaded that the plaintiffs have demonstrated entitlement to injunctive relief. While the legal question concerning the definition of an employer under the MNAA may be a matter of first impression for the appellate courts, the analysis detailed in the judge's decision demonstrates support for the court's rationale, and there has been no showing to disturb the status quo at this juncture. Accordingly, the motion requesting an injunction is denied. (Tan, J.) *Notice/attest/Squires-Lee, J.
  61. Event Result:: Conference to Review Status scheduled on: 10/08/2025 02:00 PM Has been: Held as Scheduled Hon. Debra A Squires-Lee, Presiding Staff: Erin Coronado, Assistant Clerk Magistrate
  62. Notice of Entry of appeal received from the Appeals Court In accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case (2025-P-1239) was entered in this Court on October 14, 2025.
  63. Defendant Timothy Brennan's Motion to Compel Arbitration and Stay Judicial Proceedings or, in the Alternative, to Dismiss for Failure to State a Claim
  64. Timothy Brennan's Memorandum in support of Defendant's Motion to Compel Arbitration and Stay Judicial Proceedings or, in the Alternative, to Dismiss for Failure to State a Claim
  65. Response to Defendant's Motion to Compel Arbitration and Stay Judicial Proceedings or, in the Alternative, to Dismiss for Failure to State a Claim filed by Anaplan Parent, LP, ANAPLAN, INC.
  66. Reply/Sur-reply Defendant's Reply in Support of Motion to Compel Arbitration and Stay Judicial Proceedings or, in the Alternative, to Dismiss for Failure to State a Claim
  67. Certification of Compliance with Superior Court Rule 9C
  68. Superior Court Rule 9A Notice of Filing and List of Documents
  69. Endorsement on Motion for a Temporary Restraining Order Enjoining Defendant from Breaching Return of Property Obligation (#23.0): ALLOWED I find both a likelihood of success on the merits and a risk of irreparable harm such that an order regarding forensic protocol for inspection and remediation will issue today. Dated: 10/20/25 Notice sent by email 10/20/25
  70. ORDER: REGARDING FORENSIC PROTOCOL FOR INSPECTION AND REMDIATION OF CONFIDENTIAL INFORMATION: Dated: October 20, 2025 (See P# for complete order) Notice sent by email 10/20/25

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