Garner, et al. v. Entertainment Management Complex LLC (Lawyers Weekly No. 09-018-18)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT. 1884CV00469-BLS2 ____________________ RASHAUD GARNER & ENTERTAINMENT ONE STOP SHOP LLC v. ENTERTAINMENT MANAGEMENT COMPLEX LLC ____________________ MEMORANDUM AND ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION This dispute concerns the booking of private events at a public conference center in Brockton, Massachusetts. The facility is owned by Brockton 21st Century Corporation (“B21”), a non-profit organization that was created to help the City of Brockton with economic development activities, including the conference center and adjoining baseball stadium. B21 retained defendant Entertainment Management Complex LLC (“EMC”) to operate the conference center and stadium. EMC in turn retained plaintiffs Rashaud Garner and his company Entertainment One Stop Shop LLC (“EOSS”) to book events and provide event-related services at the conference center. The parties agree that EMC’s arrangement with Mr. Garner and EOSS was in effect at least until the end of 2017. Plaintiffs claim that in October 2017 EMC agreed to extend their contract through the end of 2018. They seek a preliminary injunction that would, in essence, require that EMC to adhere to that alleged contract extension. The Court will DENY the motion for a preliminary injunction because Plaintiffs have not yet proved that they have any likelihood of succeeding on the merits of their claims. Cf. Fordyce v. Town of Hanover, 457 Mass. 248, 266 (2010) (vacating preliminary injunction because plaintiffs were “unlikely to succeed on the merits”). “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). To the contrary, “the significant remedy of a preliminary injunction should not be granted unless the plaintiffs had made a clear showing of entitlement thereto.” Student No. 9 v. Board of Educ., 440 Mass. 752, 762 (2004). Plaintiffs have not met that burden. Mr. Garner relies primarily on emails he claims he exchanged with Todd Marlin of EMC on September 20 and October 20, 2017. According to Mr. Garner, on – 2 – September 20 Mr. Marlin sent an email with the subject line “Q1, Q2 2018” and said “please go ahead and start booking events in the first quarter, second quarter of next year.” Mr. Gardner also asserts that on October 20, (i) Mr. Garner emailed Mr. Marlin at 1:49 p.m., stating that he wanted to book six bar mitzvahs at the conference center from April to June 2018, and (ii) Mr. Marlin replied at 5:55 p.m. by saying “Chris said it’s a go for 2018[.] Cool…see you then”. Mr. Gardner verified under the pains and penalties of perjury that “true and accurate” copies of these emails were attached to his complaint. He argues that the October 20 email constitutes an […]
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New Owner for Columbus Ave Apartment Complex
Boston-based real estate firm Hamilton Co. has made the apartment complex at 650 Columbus Ave. its latest purchase in its 3-year, $ 300 million buying spree, according to a recent company statement. The company said last week it had decided to buy the 134-unit apartment building from Boston land Development for $ 52 million. The property includes 33 condominiums and a 141-car parking garage. “These well-developed, managed and maintained buildings will continue to meet the moderate priced housing needs of the South End residents and Northeastern University’s student population,” said Carl A. Valeri, president of Hamilton Co. “We will be providing the same high standard of care to which our residents are familiar.” Based in Allston, the company is owned by 87-year-old Harold Brown. It owns and manages several thousands of apartments and commercial properties in Boston and nearby. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Details Shared on Albany Street Dual-Apartment Complex
Despite multiple setbacks on the Albany Street development, the project is moving forward as a dual-residential apartment complex, according to architects who presented the project’s latest plans at the Old Dover Neighborhood Association meeting Tuesday night. The developer of the Albany Street site was first approved in 2010 to build two hotels and a parking lot at 275 Albany Street. That plan changed the first time in the summer of 2012 to become half hotel, half residential, and the developer is now seeking to change the project to two new residential buildings. The new proposal includes up to 220 residential units in the building on the north end of the site at 275 Albany St., identified as the “Traveler Structure.” The second building, located on the south end of the site and called the “East Berkeley Structure,” would feature up to 180 residential units in the second building. The total number of units would not exceed 380. Although the project will change in function from what was originally approved by the Boston Redevelopment Authority, the height of the building and most of the details have remained the same. James Gray, architect with ADD, Inc. said the footprint of the building shrunk a bit, leaving room for more open space. “The lot coverage was about 85 percent of the lot, so we tighted up the footprint, and there’s now about 80 percent lot coverage which we think is an improvement,” he said. “There’s more landscaping along Albany Street to make it more friendly from a pedestrian standpoint,” he said. Gray said on the East Berkeley side of the building, the company is still developing the landscape plan, but plans include some small benches and street trees to line the sidewalk. The architects also noted the project would contain 20 percent affordable housing, although Gray noted that due to zoning, 10 percent could be on-site and 10 percent could be off-site. Also featured in the design is 1800 square feet of retail space, that developers are hoping will be some type of restaurant or cafe. Tamara Roy, principal at ADD Inc. said a cafe or similar type of food service business could help to vitalize the area, especially with the other incoming development, Ink Block, in the same neighborhood. Construction on the project, if all is approved by the BRA, would begin around mid-September of this year, and the first phase, which includes completing the Traveler Street building would take about 22 months. The second building would follow in another six months. The developer, Normandy Real Estate Partners, is scheduled to appear before the full BRA on the project changes on Thursday, March 14 at […]