Kamel, Peter Vs. Maria Amelina Also Known As Masha Amelina,A/K/A Maria Banar

Summons and order of notice issued on a EX PARTE Complaint for a Memorandum of Lis Pendens and for a preliminary injunction, returnable on 04/15/2021 10:30 AM Hearing for Lis Pendens.

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Notice of motion to dismiss.

Opposition to plaintiff's request for endorsement of memorandum lis pendens. filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Attorney appearance electronically filed.

Endorsement on Motion for lis pendens (#4.0): DENIED after hearing motion is denied. and motion for preliminary injunction denied(which see 2 pgs)

ORDER: ON PLAINTIFF'S MOTION FOR LIS PENDENS AND MOTION FOR PRELIMINARY INJUNCTION (which see 2 pages scanned) For the reasons summarized below, Kamel's motion for lis pendens is denied. The motion for preliminary injunction is therefore denied. So ordered. Dated: April 16, 2021 Christopher K. Barry-Smith, J. Entered and copies sent 4/21/21

Service Returned for Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar: Service made in hand; 04/09/2021, 53 Dudley Road, Newton, MA

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Notice of motion to dismiss pursuant to superior court rule 9E.

Affidavit of Maria Amelina in Support of Opposition to Plaintiff's Motion for Endorsement of Memorandum Lis Pendens

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of Opposition to plaintiff's request for endorsement of memorandum lis pendens.

Endorsement on Motion to quash (#30.0): DENIED in part and ALLOWED in part, see order of this date. Dated this 19th day of December, 2022 Judge: Barry-Smith, Hon. Christopher K

Endorsement on Motion for protective order (#31.0): Other action taken see order of this date. Dated this 19th day of December, 2022 Judge: Barry-Smith, Hon. Christopher K

Endorsement on Motion to quash (#29.0): ALLOWED In part and DENIED in part, see order of this date. Dated this 19th day of December, 2022 Judge: Barry-Smith, Hon. Christopher K

Rule 9A notice of filing

Plaintiff Peter Kamel's Certificate of Service

Affidavit of compliance with Superior Court Rule 9A Applies To: Kamel, Peter (Plaintiff)

Rule 9A list of documents filed.

Opposition to Plaintiff's motion to compel production of documents P#32 filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Peter Kamel's Memorandum of Law in support of Plaintiff's motion to compel P#32

Plaintiff Peter Kamel's Motion to Compel Defendant Maria Amelina to produce documents responsive to Plaintiff's first request for production of documents and request for attorney's fees.

Affidavit of compliance with Superior Court Rule 9A and Receipt of Opposition Applies To: Cullen, Esq., Sean B (Attorney) on behalf of Kamel, Peter (Plaintiff)

Endorsement on Motion to permit late disclosure of expert witnesses. (#44.0): DENIED Dated 8/29/23 After hearing this day, the motion for leave to permit late disclosure of expert witnesses is DENIED for the following reasons: First, experts were required to be disclosed at the final pretrial conference, three months ago. The proposed issues to be covered by the experts have been part of this case since it was filed, and no reason has been offered why the expert proposal did not surface earlier. Therefore, in exercise of my discretion, I decline to expand the deadline. Second, at each interaction, I have had with this case and these parties, I have urged that this relationship-based dispute be narrowed not broadened in scope, though to little avail. Here, in the context of expanding expert deadline, I opt against making the case more complex and broader in scope. Third, the concept of valuing the home so that Kamel may claim entitlement to damages for half the home's value strikes me as in direct contradiction to my ruling concerning the Statue of Frauds made at the motion to dismiss stage. Fourth, the plaintiff's description of anticipated evidence that could conceivably lead to a claim to recover some aspect of the valuation of defendants' companies was not compelling to the degree necessary to extend the expert deadline. So Ordered.

Plaintiff Peter Kamel's Motion to permit late disclosure of expert witnesses.

Certificate of service of attorney or Pro Se: Sean B Cullen, Esq.

Attorney appearance On this date Laurence Kent Richmond, Esq. added as Private Counsel for Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

General correspondence regarding email sent informing parties that pleading #44 will be heard on 8/29 along with the summary judgment motion if filed.

Reply/Sur-reply Plaintiff Peter Kamel's Reply to Defendant's Opposition to Plaintiff's Motion for Protective Order Regarding Notice of Deposition of Peter Kamel

Plaintiff Peter Kamel's Certificate of service.

Affidavit in compliance under superior court rule 9A and receipt of limited opposition.

Opposition to Plaintiff Peter Kamel's Motion for Protective Order Regarding Notice of Deposition of Peter Kamel filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Endorsement on Motion to withdraw appearance as counsel for the defendant with notice of appearance of successor counsel annexed hereto as Exhibit A. (#43.0): ALLOWED Dated 8/2/23 Allowed.

Reply/Sur-reply Plaintiff's reply to defendant's limited opposition to #44 motion.

Opposition to #44 motion. filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Attorney Kristin Nicole Weberg, Esq.'s motion to withdraw as counsel of record for party with notice of Appearance of Successor Counsel Annexed Hereto as Exhibit A Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Peter Kamel's Memorandum of Law in Support of Motion for Protective Order Regarding Notice of Deposition Served on Peter Kamel

Peter Kamel's Memorandum of law in support of #44 motion.

Endorsement on Motion to strike (#41.0): DENIED this motion is denied, without prejudice to plaintiff advancing these arguments in connection with the Rule 56 motion and, if he chooses, filing a motion to strike in response to the defendants Rule 56 motion and in the same Rule 9A package, which all will be heard on August 29, 2023. Issues of procedural infirmities or challenges to evidence in the summary judgment record will be considered as part of the Rule 56 motion, but will not be pre-argued and ruled on separately from the Rule 56 9A filing. So ordered.

Plaintiff Peter Kamel's Motion for Protective Order Regarding Notice of Deposition of Peter Kamel

Affidavit of Counsel Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Certificate of service of attorney or Pro Se: Kristin Nicole Weberg, Esq.

Exhibits/Appendix

Affidavit of Counsel Regarding Compliance with Rule 9A Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Opposition to Motion to Quash Deposition Subpoenas Duces Tecum Served on Lev Agranovic, Elena Kladova Ags Tax Group filed by Peter Kamel

Peter Kamel's Memorandum in support of Motion to strike All Exhibits and All Statement of Facts in support of Defendant's Motion for Summary Judgement

Plaintiff Peter Kamel's Motion to strike All Exhibits and All Statement of Facts in support of Defendant's Motion for Summary Judgement

Exhibits/Appendix (Exhibit Deposition Subpoenas Duces Tecum Agranovich Kladova)

Opposition to Plaintiff Peter Kamel's Motion to strike All Exhibits in Defendant's Summary Judgement Record and Statement of Facts filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Defendants Affidavit in Support of Motion to Quash Deposition Subpoenas Duces Tecum Served on Lev Agranovic, Elena Kladova Ags Tax Group Applies To: Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of Motion to Quash Deposition Subpoenas Duces Tecum Served on Lev Agranovic, Elena Kladova Ags Tax Group

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to Quash Deposition Subpoenas Duces Tecum Served on Lev Agranovic, Elena Kladova Ags Tax Group

Affidavit of Casey Sack in support of Plaintiff Peter Kamel's Motion to strike All Exhibits and All Statement of Facts in support of Defendant's Motion for Summary Judgement Applies To: Sack, Esq., Casey A (Attorney) on behalf of Kamel, Peter (Plaintiff)

Exhibits/Appendix (Exhibit A Subpoena Duces Tecum Served on Keeper of Records Visage Sculpture)

Conference Memorandum Joint Pre-Trial Memorandum

Exhibits/Appendix

Affidavit of Counsel Regarding Compliance with Rule 9A Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Opposition to to filed by Peter KamelEmergency Motion to Compel

Affidavit of compliance with Superior Court Rule 9C Applies To: Sack, Esq., Casey A (Attorney) on behalf of Kamel, Peter (Plaintiff)

Plaintiff Peter Kamel's EMERGENCY Motion to compel Visage Sculpture LLC to comply with subpoena duces tecum and for costs.

Endorsement on Motion to compel production of documents (#36.0): ALLOWED After hearing, the motion to compel is allowed in part as follows: Ms Amelina has withdrawn her request for additional/continued depositions of Mr. Kamel. With respect to documents, Mr. Kamel is ordered to produce, on or before 5/14/23: 1) All documents reflecting any down payment or contributions to down payment on Ms. Amelina's residence; 2) all documents including bank records, check books and check records, and credit card statement or the like, which reflect Mr. Kamel's support of Ms. Almelina or their household, from November 2016 to Jan 1, 2018. If no documents are produced then at trial counsel for defendant will be permitted to refer to this order to demonstrate that no such documents exists, or even did exist. So ordered. Judge: Barry-Smith, Hon. Christopher K

ORDER: ON PLEADINGS #29, #30, #31 AND #32 1. Kamel's Motion to Compel Production of Documents (Pleading No. 32). This motion is denied with respect to Requests Numbered 1 (tax returns), 8 (real estate documents), and 24 (trial evidence, which is subject to supplementation as trial nears). The motion is allowed in part as to Requests numbered 3, 4 and 23; 2 Amelina's Motion to Quash Subpoena Duces Tecum on KOR of Visage Sculpture (No. 29). This motion is allowed in part and denied in part; 3.Amelina's Motion to Quash Subpoena Duces Tecum to Lev Agronovich and Elena Kladova of AGS Tax Group (No. 30). The motion to quash is denied; and 4.Kamel's Motion for a Protective Order concerning his deposition (No. 31). For the reasons discussed at the hearing and agreed to by the parties, this motion is addressed as follows, in light of the expectation that Kamel's criminal trial concerning the alleged assault and battery on Amelina will occur in early February: Mr. Kamel's deposition in this civil action will take place on a mutually agreeable date between February 15-28, 2023. If Kamel's trial has finished, it is not expected that any Fifth Amendment concerns will inhibit his civil deposition testimony. If the trial is not complete, unless both parties agree otherwise, the deposition will go forward and Kamel can choose whether to invoke his Fifth Amendment rights in response to particular questions. 5.In light of these rulings, all discovery in this case (that is, discovery already noticed or served, but which requires compliance with these orders) shall be complete on or before March 15, 2023. The clerk shall schedule a final pretrial conference for in or after April 2023. If either side files a motion for summary judgment, then the final pretrial conference date may be joined with a hearing on any Rule 56 motion.So ordered. (which see 3 pages). Date this 19th day of December, 2022

Endorsement on Motion to compel (#32.0): DENIED and ALLOWED in part, see order of this date. Dated this 19th day of December, 2022

Reply/Sur-reply Defendant Masha Amelina's reply to plaintiff Petr Kamel's opposition to defendant's emergency motion to compel production of documents for further deposition of plaintiff and for sanctions/costs.

Opposition to defendant's emergency motion to compel production of documents for further deposition of plaintiff Peter Kamel and for sanctions/costs. filed by Peter Kamel

Affidavit of counsel for defendant Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's EMERGENCY Motion to compel production of documents for further deposition of plaintiff Peter Kamel and for sanctions/costs.

Endorsement on Motion to compel Visage Sculpture LLC to comply with subpoena duces tecum and for costs (#34.0): DENIED After review, the plaintiff has failed to identify an emergency that would warrant abrogation of Superior Court Rule 9A in this situation. The Emergency Motion is therefore DENIED WITHOUT PREJUDICE to the plaintiff to re-file this motion pursuant to Rule 9A. (Dated 2/2/23) Notice sent 2/6/23 Judge: Deakin, Hon. David A

Affidavit of Attorney Sean Cullen

Opposition to Motion to Quash Subpoena Duces Tecum Served on Keeper of the Records for Visage Sculpture filed by Peter Kamel

Endorsement on Motion to dismiss Complaint Pursuant to Mass. R. Civ. P. 12(b)(6) and For Award of Attorney Fees and Costs Pursuant to M.G.L.c. 231, Section 6F (#13.0): Other action taken Motion is denied, except in two respects. See Order of this date. (Dated: 11/29/21) notice sent 11/30/21 Judge: Barry-Smith, Hon. Christopher K

Affidavit of Avi Liss, Esq.

Affidavit of Elena Kladova

Defendant's Affidavit in Support of Motion to Quash Subpoena Duces Tecum Served on Keeper of the Records for Visage Sculpture Applies To: Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Affidavit of Elena Kladova

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of Motion to Quash Subpoena Duces Tecum Served on Keeper of the Records for Visage Sculpture

Endorsement on Motion to Continue/Reschedule Rule 12 Hearing (#14.0): ALLOWED Clerk will identify a new date for Rule 12 hearing. (Dated: 6/21/21) notice sent 6/21/21 Judge: Barry-Smith, Hon. Christopher K

Affidavit of compliance with Superior Court Rule 9A Applies To: Rumson, Esq., Mark Taylor (Attorney) on behalf of Kamel, Peter (Plaintiff)

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to Quash Subpoena Duces Tecum Served on Keeper of the Records for Visage Sculpture

Endorsement on Motion to quash deposition subpoenas duces tecum served on Agranovich, Elena Kladova Ags Tax Group (#28.0): DENIED This is the second recent discovery motion from defendant that fails to conform to Rule 9A and it is denied for that reason, without prejudice to re-filing after compliance with Rule 9A. Further, a discovery conference shall be scheduled for December 2022 Judge: Barry-Smith, Hon. Christopher K

Affidavit in support of motion to quash deposition subpoenas duces tecum served on Lev Agranovich and Elena Kladova Applies To: Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Endorsement on Motion to quash subpoena duces tecum served on keeper of records for Visage Sculpture. (#26.0): Other action taken This motion poses no emergency and therefore defendants' counsel must conform to Super.Ct.Rule 9A, and motion may then be re-filed while 9A process is underway and until motion to quash is ruled on Visage Sculpture need not respond to the subpoena. Dated 11/4/22

Exhibits/Appendix

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of Motion to quash subpoenas served on Elena Kladova and Lev Agranovich, AGS Tax Group

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to Quash Deposition Subpoena Duces Tecum Served on Lev Agranovich and Elena Kladova AGS TAX Group

Plaintiff Peter Kamel's Request for Admissions of the Defendant, within 30 days of service. Applies To: Cullen, Esq., Sean B (Attorney) on behalf of Kamel, Peter (Plaintiff)

Plaintiff Peter Kamel's Notice of Appearance Applies To: Cullen, Esq., Sean B (Attorney) on behalf of Kamel, Peter (Plaintiff)

Exhibits/Appendix

Affidavit in support of #26 motion. Applies To: Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of #26 motion.

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to quash subpoena duces tecum served on keeper of records for Visage Sculpture.

Attorney appearance On this date Jason E Sweet, Esq. dismissed/withdrawn as Private Counsel for Plaintiff Peter Kamel

Affidavit of compliance with Superior Court Rule 9C Applies To: Sweet, Esq., Jason E (Attorney) on behalf of Kamel, Peter (Plaintiff)

Endorsement on Motion of Plaintiff Peter Kamel to Compel Discovery Responses (#25.0): DENIED This motion, apparently filed on an emergency basis, is DENIED. There is no basis for an emergency and both sides are obligated to work in good faith to narrow disputes before filing a discovery motion. The issues may be considered after compliance with Rule 9A, though parties would be wise to confer meaningfully before pressing all of the interrogatories and RFP's referenced in this motion. (Dated: 9/22/22) notice sent 9/22/22 Judge: Barry-Smith, Hon. Christopher K

Peter Kamel's Memorandum in support of Motion to Compel Discovery Responses

Plaintiff Peter Kamel's Motion to Compel Discovery Responses

Plaintiff, Defendant Peter Kamel, Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Joint Motion to Extend Discovery and Tracking Order Deadlines

Endorsement on Motion to Extend Discovery and Tracking Order Deadlines (#24.0): ALLOWED Dates on p. 2 adopted, with clerk to set final pretrial conference date. (Dated: 9/14/22) notice sent 9/16/22 Judge: Barry-Smith, Hon. Christopher K

Plaintiff, Defendant Peter Kamel, Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Joint Motion to extend the tracking order deadlines

Attorney appearance On this date Mark Taylor Rumson, Esq. dismissed/withdrawn as Private Counsel for Plaintiff Peter Kamel

Endorsement on Motion to Extend Discovery and Tracking Deadlines (#23.0): ALLOWED Dates on p. 2 are adopted except final pretrial conference will remain unchanged. (Dated: 8/22/22) notice sent 8/26/22 Judge: Barry-Smith, Hon. Christopher K

Attorney appearance electronically filed.

ORDER: SCHEDULING ORDER Pursuant to Superior Court Standing Order 1-88, the track of the above-referenced case has been revised. This order requires the various stages of litigation described below must be completed no later than the deadlines indicated. STAGES OF LITIGATION DEADLINE All discovery requests and deposition served August 22, 2022 and non-expert depositions completed. All motions under MRCP 56 served. September 30, 2022 All motions under MRCP 56 filed. October 21, 2022 R56 Held November 17, 2022 @ 3:30 Final pre-trial conference held and/or firm trial date set. January 9, 2023 @ 2:15 Case shall be resolved and judgment shall issue by. April 11, 2023 The final pre-trial deadline is not the scheduled date of the conference. Counsel will be notified of that date at a later time. This case is assigned to Session "H" of the Middlesex Superior Court Date Issued: Associate Justice/Assistant Clerk 1/26/2022 Christopher K. Barry-Smith, J. Entered and copies sent 1/27/22 Judge: Barry-Smith, Hon. Christopher K

Received from Counterclaim Defendant Kamel, Peter: Reply to the Counterclaim;

Received from Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar: Answer with claim for trial by jury;

ORDER: ON DEFENDANT'S MOTION TO DISMISS (which see 2 pages scanned) For that reason, Amelina's motion to dismiss is denied, except in two respects identified immediately below. The motion to dismiss is allowed in two respects. So ordered. Date: November 29, 2021 Christopher K. Barry-Smith, J. Entered and copies sent 11/30/21

Endorsement on Motion for Real Estate Attachment (#15.0): DENIED Denied after hearing and careful review of all written submissions. Plaintiff has not met his burden of establishing that there is a reasonable likelihood that he will recover a judgment in an amount equal to or greater than the amount sought for trustee process. (Dated: 9-10-21) notice sent 9/10/21 Judge: Kazanjian, Hon. Helene

Affidavit of Peter Kamel (*supplemental/reply affidavit)

Affidavit of Maria Amelina

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in opposition to plaintiff's motion for real estate attachment

Opposition to plaintiff's motion for real estate attachment filed by Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar

Peter Kamel's Memorandum in opposition to to defendant's motion to dismiss

Affidavit of Peter Kamel

Plaintiff Peter Kamel's Motion for Real Estate Attachment

Opposition to defendant's motion to dismiss filed by Peter Kamel

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to continue /reschedule Rule 12 hearing

Affidavit of compliance with Superior Court Rule 9A Applies To: Weberg, Esq., Kristin Nicole (Attorney) on behalf of Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar (Defendant)

Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Memorandum in support of motion to dismiss

Defendant Maria Amelina Also Known As Masha Amelina,a/k/a Maria Banar's Motion to Dismiss Complaint Pursuant to MRCP 12(b)(6) and for Award of Attorney Fees and Costs pursuant to MGL c 231, sec 6F

Affidavit of Peter Kamel Judge: Barry-Smith, Hon. Christopher K

Original civil complaint filed.

Plaintiff(s) Peter Kamel's EX PARTE Motion for a Memorandum of Lis Pendens The within matter is set down for hearing on 4/15/21 in Courtroom 710 at 10:30 a.m. via Zoom. Copy given in hand.

Peter Kamel's MOTION for appointment of Special Process Server. Stephen B. Minkofsky. Motion ALLOWED. Copy given in hand.

Civil action cover sheet filed.