Posts tagged "1210417"

Abrano, et al. v. Abrano, et al. (Lawyers Weekly No. 12-104-17)

COMMONWEALTH OF MASSACHUSETTS   SUFFOLK, ss.                                                                                   SUPERIOR COURT                                                                                                              SUCV2014-3509                 BRYAN ABRANO, BRIDGET RODRIGUE, and DENNON RODRIGUE Plaintiffs   vs.   FRANK ABRANO, KIM ABRANO, EDWARD HOLZEK and GARY TRAINOR Defendants   CONSOLIDATED WITH                                                                SUCV2015-1339   LYMOL MEDICAL CORPRATION, Plaintiff,   vs.   BRYAN ABRANO, BRIDGET RODRIGUE and DENNON RODRIGUE, Defendants     CONSOLIDATED WITH                                                               SUCV2015-1367          BRYAN ABRANO, and BRIDGET RODRIGUE           , on behalf of LYMOL MEDICAL CORPORATION, Plaintiffs and Counterclaim-Defendants     FRANK ABRANO, KIM ABRANO, EDWARD HOLZEK,  GARY TRAINOR, and LYMOLD MEDICAL CORPORATION, Defendants and Counterclaim-Plaintiffs     MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF BRYAN ABRANO’S MOTION TO COMPEL PRODUCTION OF DOCMENTS     These three consolidated cases arise out of disputes among members and former members of a closely held corporation.  The matter is now before the Court on  a Motion by plaintiff Bryan Abrano (Bryan)  to Compel production of certain classes of documents from Lymol Medical Corporation (the Company ) as well as  Kim Abrano (Kim) and Frank Abrano (Frank) (collectively, the defendants).   After hearing this Court rules as follows: State and Federal Tax returns for Frank and Kim for the Years 2008-2014:  This Court recognizes that tax returns are subject to a more stringent test for assessing discoverability.  In this Court’s view, however, the plaintiff has satisfied this higher standard.  Specifically, the tax returns may yield information regarding certain payments that were made to Frank which are at issue in his counterclaim. They may also shed light on how Kim treated payments that she  received from Bryan, such payments being relevant to Bryan’s wage claim.  Accordingly, the Motion is  ALLLOWED as to these returns. The Company’s General Ledger:  Defendants have produced the Company’s general ledger for dates before June 2014. Plaintiff seeks to have that updated to the current date, all in native format.  Plaintiff seeks that information to support  Bryan’s and plaintiff Bridge Rrodrigue’s  freeze out claims   as well as the derivative claim that Bryan asserts on behalf of the Company – specifically, the damages and equitable relief sought in connection with those claims.   This Court concludes that this request is not unduly burdensome and is reasonably calculated to lead to admissible evidence.  Accordingly, the Motion is ALLOWED as to the current general ledger, which shall be produced in native format. Defendants’ Communications with Parexel Regarding an FDA Investigation:   After this litigation began, the Company hired Parexel to respond to a letter from the FDA citing the Company for certain regulatory deficiencies.  Defendants contend that these alleged deficiencies occurred as a result of Bryan’s actions when he was with the Company.  Defendants have already produced all of Parexel’s and the Company’s communications with the FDA  but […]


Posted by Massachusetts Legal Resources - August 4, 2017 at 4:11 pm

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