Case Last Refreshed: 2 hours ago
Elizabeth Grady Face First, Inc. D B A The Elizabeth Grady Company, filed a(n) Economic Torts - Torts case represented by Allen, Esq., Nicholas W, Barnes, Esq., Timothy H, Butters, Esq., Thomas J, Pine, Esq., Alec Spencer, Zucker, Esq., William A, (total of 5) See All against Ahitow, Blake, Cynosure, Inc., Thornal, Kevin, represented by Gelhaar, Esq., Peter Erich, Leskin, Lori B, Novak, Leah R, Pariser, Daniel S, Pineault, Esq., Michael J, (total of 7) See All in the jurisdiction of Middlesex County, MA, . Middlesex County, MA Superior Courts with Patrick M. Haggan presiding.
Case Number |
JudgePatrick M. Haggan Track Judge’s New Cases |
Filing DateDecember 08, 2020 |
CategoryTorts |
Last RefreshedApril 26, 2024 |
Practice AreaTorts |
Filing LocationMiddlesex County, MA |
Matter TypeEconomic Torts |
This complaint is filed by Elizabeth Grady Face First Inc., also known as The Elizabeth Grady Company, against Cynosure, Inc. and Kevin Thornal. The plaintiff alleges that the defendants made intentionally deceitful and misleading statements during n...
Attorney appearance electronically filed.
Date: December 30, 2020
Defendant Cynosure, Inc.'s Notice of Motion to Dismiss Pursuant to Rule 9E
Date: January 29, 2021
Attorney appearance electronically filed.
Date: January 28, 2021
Civil action cover sheet filed.
Date: December 08, 2020
Complaint electronically filed.
Date: December 08, 2020
Defendant Cynosure, Inc.'s Notice of filing
Date: March 04, 2021
Affidavit of Jocelyn A. Wiesner Esq. in support of joint motion to transfer
Date: March 04, 2021
Defendant Cynosure, Inc.'s Notice of filing
Date: March 04, 2021
Attorney appearance electronically filed.
Date: May 05, 2023
Opposition to Plaintiff's Motion for Partial Reconsideration filed by Cynosure, Inc.
Date: October 26, 2022
Answer to amended complaint Applies To: Cynosure, Inc. (Defendant)
Date: September 06, 2022
Defendant Cynosure, Inc.'s Notice of filing and document list.
Date: June 07, 2022
Answer to second amended complaint Applies To: Ahitow, Blake (Defendant)
Date: September 12, 2022
Answer to second amended complaint and jury demand Applies To: Thornal, Kevin (Defendant)
Date: September 12, 2022
Reply/Sur-reply in Further Support of Motion for to Leave to Amend
Date: August 17, 2022
Response to Motion for to Leave to File Second Amended Complaint filed by Cynosure, Inc.
Date: August 17, 2022
Exhibits/Appendix (Exhibit A)
Date: August 17, 2022
Cynosure, Inc.'s Memorandum in support of #39 motion.
Date: June 07, 2022
Defendant Cynosure, Inc.'s Response to #37 motion.
Date: May 26, 2022
Superior court rule 9A notice of filing and document list.
Date: May 26, 2022
Opposition to #37 motion. filed by Corrected' non-party Hologic Inc.
Date: May 26, 2022
Answer to amended complaint Applies To: Cynosure, Inc. (Defendant)
Date: February 01, 2022
Reply/Sur-reply in Support of its Motion to Compel
Date: September 15, 2021
Defendant Kevin Thornal's Request for Hearing Pursuant to Superior Court Rule 9A
Date: September 08, 2021
Defendant Kevin Thornal's Request for hearing pursuant to superior court rule 9A
Date: August 31, 2021
Cynosure, Inc.'s Memorandum in support of #26 motion.
Date: August 30, 2021
Defendant Cynosure, Inc.'s Notice of filing and list of documents filed.
Date: August 30, 2021
Affidavit of compliance with superior court rule 9A.
Date: August 30, 2021
Defendant Kevin Thornal's Notice of Filing Pursuant to Superior Court Rule 9A
Date: April 13, 2021
Defendant Kevin Thornal's Request for hearing Pursuant to Superior Court Rule 9A
Date: April 13, 2021
Kevin Thornal's Memorandum in support of Motion to Dismiss Amended Complaint
Date: April 13, 2021
Opposition to DEFENDANT CYNOSURE, INC.¿S MOTION TO DISMISS filed by
Date: April 12, 2021
Reply/Sur-reply in Support of His Motion to Dismiss
Date: April 13, 2021
Opposition to to Defendant Kevin Thornal's Motion to Dismiss filed by
Date: April 13, 2021
Defendant Cynosure, Inc.'s Motion to dismiss plaintiff first amended complaint
Date: April 12, 2021
Defendant Kevin Thornal's Notice of Motion To Dismiss
Date: March 16, 2021| Date | Type | Description | |
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| May 24, 2023 | Docket Event |
Event Result:: Final Pre-Trial Conference scheduled on: 01/22/2024 02:00 PM Has been: Not Held For the following reason: Case Settled Hon. William F Bloomer, Presiding
Judge: Bloomer, William F |
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| May 24, 2023 | Docket Event | Agreement for Judgment: The parties to the above-captioned matter, plaintiff Elizabeth Grady Face First, Inc., d/b/a The Elizabeth Grady Company ("Elizabeth Grady"), by and through its assignee John P. Walsh, Jr. ("Walsh"), with the consent of Elizabeth Grady, and defendants Cynosure, LLC ("Cynosure"), Kevin Thornal, and Blake Ahitow (with the defendants hereafter collectively referred to as the "Cynosure Parties"), have moved for entry of Judgment pursuant to Mass. R. Civ. P. 58(a). Upon consideration of the parties' Motion, the Court allows the Motion and enters JUDGMENT as follows: 1. Cynosure shall pay to John P. Walsh, Jr. or his designee the Settlement Amount by wire transfer within ten (10) days after this Judgment becomes final. 2. Cynosure shall, without further payment of any kind by Elizabeth Grady, transfer to Elizabeth Grady Face First, Inc. or its designee within ten (10) days after this Judgment becomes final all rights, title and interest in all of the Cynosure SculpSure and Icon machines (the "Equipment") previously provided to Elizabeth Grady, its franchisees or Elizabeth Grady School of Aesthetics and Massage Therapy pursuant to the January 10, 2019 Product Lease Agreement (the "PLA"), which agreement has been terminated by Cynosure. Title to the Equipment shall be transferred unencumbered and shall be accompanied by appropriate title documentation. The Equipment shall be transferred on an "AS IS" basis. 3. Cynosure shall not in bad faith refuse to respond to reasonable requests to service the Equipment at the request and expense of Elizabeth Grady or its designees and at Cynosure's then prevailing rates for labor, travel, transportation, service and materials, and Cynosure shall make PAC keys available to Elizabeth Grady or its designees at Cynosure's then-current pricing. This Judgment does not release any future claims with regard to breach of this paragraph, to the extent any exist, provided that any such claims shall not affect the validity of this Judgment or the releases hereunder. 4. Elizabeth Grady and its affiliates, and Walsh, both in his personal capacity and capacity as assignee and authorized representative of Elizabeth Grady, and, to the extent they are acting or purporting to act on their behalf, their respective servants, employees, insurers, officers, directors, members, affiliates, parents and subsidiaries, past and present, and each of their legal representatives, successors, predecessors, and assigns, hereby release, remit, and forever discharge the Cynosure Parties and Hologic, Inc. ("Hologic"), and their respective servants, employees, insurers, officers, directors, members, affiliates, parents and subsidiaries, past and present, and each of their legal representatives, successors, predecessors, and assigns from and against any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, covenants, contracts, agreements, promises, damages, obligations, liabilities, and expenses (including attorneys' fees and costs) of every kind or nature, whether known or unknown, suspected or unsuspected, arising at any time before the date hereof, that were or could have been asserted in this Action or that arise from or relate to the PLA or its negotiation or implementation. The Cynosure Parties hereby release, remit, and forever discharge Elizabeth Grady, and Walsh, both in his personal capacity and capacity as assignee and authorized representative of Elizabeth Grady, and their respective servants, employees, insurers, officers, directors, members, affiliates, parents and subsidiaries, past and present, and each of their legal representatives, successors, predecessors, and assigns from and against any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, covenants, contracts, agreements, promises, damages, obligations, liabilities, and expenses (including attorneys' fees and costs) of every kind or nature, whether known or unknown, suspected or unsuspected, arising at any time before the date hereof, that were or could have been asserted in this Action or that arise from or relate to the PLA or its negotiation or implementation. 5. Walsh and Elizabeth Grady will not encourage, fund, aid, or cooperate with any person asserting a claim against any of the defendants to the litigation by any Elizabeth Grady franchisees. In addition, the parties to the litigation agree not to make any disparaging public statements about each other relating to the facts and circumstances at issue in this action. 6. The clerk will mark the docket as closed pursuant to this Judgment. This Judgment shall have the same effect as a judgment on the merits for purposes of preclusion, and shall be with prejudice to and preclusive to the filing of any other action to the full extent permitted by law. This Court shall retain jurisdiction to enforce this Judgment. The parties waive all rights of appeal and all costs. The parties further waive any motions to challenge this Judgment. SO ORDERED: Date: 5/23/2023 William F. Bloomer Justice of the Superior Court After hearing allowed. (Dated: 5/23/23 Entered and copies sent 5/24/23 Judge: Bloomer, Hon. William F | |
| May 23, 2023 | Docket Event |
Event Result:: Motion Hearing scheduled on: 05/23/2023 02:00 PM Has been: Held as Scheduled For the following reason: Event Changed Comments: Proposed agreement submitted. Hon. William F Bloomer, Presiding Appeared: Plaintiff William A Zucker, Esq., Thomas J Butters, Esq., Private Counsel Defendant Michael J Pineault, Esq., Daniel S Pariser, Pro Hac Vice (SJC 3:15) Defendant Peter Erich Gelhaar, Esq., Private Counsel Staff: Arthur T DeGuglielmo, Assistant Clerk Magistrate
Judge: Bloomer, William F |
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| May 05, 2023 | Docket Event | Attorney appearance electronically filed. | |
| May 05, 2023 | Docket Event | Attorney appearance On this date Alec Spencer Pine, Esq. added as Private Counsel for Plaintiff Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company | |
| May 05, 2023 | Docket Event | Attorney appearance On this date Thomas J Butters, Esq. added as Private Counsel for Plaintiff Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company | |
| April 25, 2023 | Docket Event | Event Result:: Motion Hearing scheduled on: 05/23/2023 02:00 PM Has been: Not Held For the following reason: Transferred to another session Maria Pantazopoulos, Presiding | |
| April 21, 2023 | Docket Event | Opposition to Joint motion for entry of final judgment with proposed release filed by Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company | |
| April 21, 2023 | Docket Event | Attorney appearance electronically filed. On this date Timothy H Barnes, Esq. added for Plaintiff Elizabeth Grady Face First, Inc. D/B/A The Elizabeth Grady Company | |
| April 10, 2023 | Docket Event | The following form was generated: Notice to Appear Sent On: 04/10/2023 12:35:04 |
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