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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-09
Status Open
Type Actions Involving Business Entities And Government
Docket 71 entries

Parties

Plaintiff Commonwealth Of Massachusetts
Defendant Aspen Dental Management Inc

Lawyers

Docket Entries

  1. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 04/27/2023 02:00 PM Has been: Not Held For the following reason: Case Settled Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  2. Attorney appearance On this date Emiliano Mazlen, Esq. added for Plaintiff Commonwealth of Massachusetts
  3. Attorney appearance On this date Ethan Marks, Esq. added for Plaintiff Commonwealth of Massachusetts
  4. Original civil complaint filed.
  5. B.L.S. Civil Action Cover Sheet
  6. Service Returned for
  7. General correspondence regarding NOTICE OF ACCEPTANCE INTO BUSINESS LITIGATION SESSION "BLS2" (See P#4 for complete notice) This matter has been accepted into the Suffolk Business Litigation Session. It has been assigned to BLS2. Dated: December 9, 2021 Notice sent 12/15/21
  8. Defendant Aspen Dental Management Inc's Assented to Motion to Extend deadline for Aspen Dental Management Inc to respond to complaint
  9. Notice of 93A complaint sent to Attorney General
  10. Endorsement on Motion to Extend deadline for Aspen Dental Management Inc to respond to complaint (#5.0): ALLOWED deadline is extended to January 20, 2022.
  11. Defendant Aspen Dental Management Inc's Assented to Motion for Admission of Eric Dubelier Pro Hac Vice
  12. Plaintiff, Defendant Commonwealth of Massachusetts, Commonwealth of Massachusetts's Joint Request for Leave to file excess pages
  13. Defendant Aspen Dental Management Inc's Assented to Motion to Extend deadline to respond to complaint
  14. Answer to original complaint Applies To: Aspen Dental Management Inc (Defendant)
  15. Attorney appearance On this date Dean Richlin, Esq. added for Defendant Aspen Dental Management Inc
  16. Attorney appearance On this date Kristyn Marie DeFilipp, Esq. added for Defendant Aspen Dental Management Inc
  17. Defendant, Plaintiff Aspen Dental Management Inc, Commonwealth of Massachusetts's Joint Motion for Entry of Protective Order
  18. Endorsement on Motion to Extend Time to Respond to Complaint (#8.0): ALLOWED to January 26, 2022 (dated 1/24/22) notice sent 2/1/22
  19. Endorsement on Motion to Admit Pro Hac Vice (#6.0): ALLOWED (dated 1/20/22) notice sent 2/2/22
  20. Plaintiff(s) Commonwealth of Massachusetts's Motion for a Preliminary Injunction
  21. Commonwealth of Massachusetts's Memorandum in support of motion for preliminary injunction
  22. Opposition to the Commonwealth's motion for preliminary injunction filed by Aspen Dental Management Inc
  23. Commonwealth of Massachusetts's Reply Memorandum in support of it's motion for preliminary injunction
  24. Defendant Aspen Dental Management Inc's Motion to impound materials containing confidential information
  25. Aspen Dental Management Inc's Memorandum in support of motion to impound
  26. Affidavit in support of motion to impound Applies To: Richlin, Esq., Dean (Attorney) on behalf of Aspen Dental Management Inc (Defendant)
  27. Proposed Filings/Orders
  28. Affidavit of compliance with Superior Court Rule 9A
  29. Defendant Aspen Dental Management Inc's Notice of Rule 9A filing
  30. Defendant Aspen Dental Management Inc's Submission of Rule 9A list of documents
  31. The following form was generated: Notice to Appear Sent On: 02/15/2022 09:46:12
  32. The following form was generated: Notice to Appear Sent On: 02/15/2022 10:18:44
  33. Event Result:: Hearing on Preliminary Injunction scheduled on: 02/22/2022 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Kenneth W Salinger, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  34. The following form was generated: Notice to Appear Sent On: 02/15/2022 15:09:40
  35. Plaintiff, Defendant Commonwealth of Massachusetts, Aspen Dental Management Inc's Assented to Motion to Extend Deadline for the Commonwealth to File a Motion to Strike Defenses
  36. Endorsement on Motion of Entry of Protective Order (#10.0): ALLOWED (date 2/9/22) Notice 2/11/22
  37. ORDER: Protective Order Date2/9/2 Notice 2/11/22
  38. Attorney appearance On this date Rachel L Davidson, Esq. added for Defendant Aspen Dental Management Inc
  39. Endorsement on Motion to Impound Materials Containing Confidential Information (#15.0): ALLOWED (dated 2/17/22) notice sent 2/22/22
  40. ORDER: Findings and Order for Impoundment of Confidential Exhibits and Portions of Affidavits (see P#19) (dated 2/17/22) notice sent 2/22/22
  41. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 02/28/2022 02:30 PM Has been: Held - Under advisement Hon. Kenneth W Salinger, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  42. Endorsement on Motion to Extend Deadline for Commonwealth to file a Motion to Strike Defenses (#18.0): ALLOWED to March 11, 2022 (dated 2/22/22) notice sent 2/23/22
  43. Plaintiff Commonwealth of Massachusetts's Assented to Motion to extend time for Plaintiff to Serve a Motion to Strike Defenses
  44. Defendant Aspen Dental Management Inc's Submission of Notice regarding ADMI'S Motion to Impound
  45. Endorsement on Certificate to Strike Defenses (#20.0): ALLOWED (date 3/15/22) Notice 3/17/22
  46. Plaintiff Commonwealth of Massachusetts's Assented to Motion to Extend the Deadline for the Commonwealth to Serve a Motion to Strike Defenses
  47. Defendant Aspen Dental Management Inc's Notice of Filing of Documents Containing Impounded Materials
  48. Docket Note: Impounded Version of Exhibit 10 to affidavit of Lori D'Anna; Impounded version of Affidavit of Dr. Jebediah Christy; Impounded version of affidavit of Dr. Jennifer Taylor filed under seal
  49. Endorsement on Motion to Extend the Deadline for the Commonwealth to Serve a Motion to Strike Defenses (#22.0): ALLOWED (date 3/29/22) Notice 4/4/22
  50. Defendant Aspen Dental Management Inc's Submission of second Notice regarding ADMI's motion to impound
  51. Exhibits/Appendix
  52. MEMORANDUM & ORDER: DENYING the Commonwealth's Motion for a Preliminary Injunction Judge: Salinger, Hon. Kenneth W (see P#25 for order) (dated 4/28/22) notice sent 5/2/22
  53. ORDER: Preliminary Injunction (see P#26) (dated 4/28/22) notice sent 5/2/22
  54. Plaintiff Commonwealth of Massachusetts's Motion to Strike Affirmative Defenses in Aspen Dental Management Inc's Answer and Memorandum of Law in Support of Motion
  55. Opposition to to Commonwealth's Motion to Strike filed by Aspen Dental Management Inc
  56. Defendant Aspen Dental Management Inc's Submission of Addendum to Opposition to Motion to Strike
  57. Docket Note: USB Thumb Drive Submitted with this motion package
  58. Endorsement on Motion to Strike Affirmative Defenses in Aspen Dental Management Inc's Answer and Memorandum of Law in Support of Motion (#27.0): DENIED (date 5/16/22) Denied. The court must , at the pleading stage, draw all favorable infares in defendants favor evaluating the affirmative defenses . See Deutshe Bank National Trust CO. v. Gabriel ,8 Mass. App. CT. 564, 571-572. Having done so , the court concludes that the second and third affirmation defenses are viable defenses to the clam for breach of the AOD, and the fifth defense may be a viable defense to any request for compensatory damages Notice 5/19/22
  59. The following form was generated: Notice to Appear Sent On: 05/20/2022 14:02:07
  60. The following form was generated: Notice to Appear Sent On: 05/20/2022 14:04:28
  61. The following form was generated: Notice to Appear - BLS Sent On: 05/20/2022 14:05:51
  62. Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 06/07/2022 02:00 PM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  63. The following form was generated: Notice to Appear - BLS Sent On: 06/07/2022 16:32:43
  64. Plaintiff, Defendant Commonwealth of Massachusetts, Aspen Dental Management Inc's Joint Submission for Rule 16 Conference Submission and Scheduling Order Proposal (date 6/7/22) The Proposed schedule is approved through the April 2023 dates notice 6/6/22
  65. Plaintiff, Defendant Commonwealth of Massachusetts, Aspen Dental Management Inc's Joint Motion for Entry of Amended Protective Order
  66. Endorsement on Motion for Entry of Amended Protective Order (#31.0): ALLOWED Allowed. (10/5/22) (Notice sent 10/7/22)
  67. ORDER: Amended Protective Order See paper #32 (10/5/22) (Notice sent 10/7/22)
  68. Plaintiff, Defendant Commonwealth of Massachusetts, Aspen Dental Management Inc's Joint Motion to amend scheduling order ALLOWED. (dated 11/22/22) notice sent 12/01/22
  69. Plaintiff, Defendant Commonwealth of Massachusetts, Aspen Dental Management Inc's Joint Motion for Entry of Final Judgment by Consent
  70. Endorsement on Motion for entry of final judgment by consent (#34.0): ALLOWED The Final Judgment by Consent shall enter and the case shall be closed. Dated: Jan. 3, 2023 Notice sent 1/4/23
  71. FINAL JUDGMENT BY CONSENT SO Ordered entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d) Judge: Salinger, Hon. Kenneth W

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