On December 08, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Elizabeth Grady Face First, Inc. D B A The Elizabeth Grady Company,
and
Ahitow, Blake,
Cynosure, Inc.,
Thornal, Kevin,
for Torts
in the District Court of Middlesex County.
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33
COMMONWEALTH OF MASSACHUSETTS
: MIDDLESEX, SS. SUPERIOR COURT
MIDDLESEX DIVISION
ELIZABETH GRADY FACE FIRST INC.
D/B/A THE ELIZABETH GRADY
COMPANY, 2/16/2022
Plaintiff,
vy. C. A. No. 2081CV02967
\~? [22
CYNOSURE, INC. AND KEVIN Date: &
THORNAL, /-upon review/
Motion is A OWED /|
Defendants. :
igned: John T. Lu, JSC
Z
PLAINTIFF'S REQUEST FOR RULING ON DEFENDANT KEVIN THORNAL’S
MOTION TO DISMISS AND NOTICE OF SUPPLEMENTAL NEW AU TH ORITY
On April 13, 2021, Defendant Kevin Thornal filed a Motion to Dismiss Plaintiffs First
Amended Complaint. See Dkt. No. 23 - 23.5 (Thornal’s Rule 9A package, which included
Plaintiff's Opposition Brief). Defendant Cynosure, Inc. filed a similar Motion to Dismiss a day
earlier, on April 12, 2021. See Dkt. No: 17. On November 17, 2021, this Court Con. John Lu)
held a hearing on both of Defendants’ Motions to Dismiss, via Zoom. Judge Lu took the matter
under advisement. On January 3, 2022, Judge Lu denied Cynosure’s Motion to Dismiss, finding
that“On balance, [Plaintiff's] opposition is sufficient to avoid dismissal at this Stage.” Judge Liu,
however, did not issue a ruling on Thomal’s Motion to Dismiss, which remains pending.
In the interim, the SIC issued a decision hat relates directly to one of the defenses raised
by Cynosure and Thomal in their Motions to Dismiss, namely that Plaintiff's fraud and Chapter
93A claims are purportedly barred by a limitation of liability provision contained in the parties’
contract. In its holding in HI Lincoln, Inc. v. South Washington Street LLC et al., the SIC rejected
ic
Document Filed Date
February 24, 2022
Case Filing Date
December 08, 2020
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33 COMMONWEALTH OF MASSACHUSETTS : MIDDLESEX, SS. SUPERIOR COURT MIDDLESEX DIVISION ELIZABETH GRADY FACE FIRST INC. D/B/A THE ELIZABETH GRADY COMPANY, 2/16/2022 Plaintiff, vy. C. A. No. 2081CV02967 \~? [22 CYNOSURE, INC. AND KEVIN Date: & THORNAL, /-upon review/ Motion is A OWED /| Defendants. : igned: John T. Lu, JSC Z PLAINTIFF'S REQUEST FOR RULING ON DEFENDANT KEVIN THORNAL’S MOTION TO DISMISS AND NOTICE OF SUPPLEMENTAL NEW AU TH ORITY On April 13, 2021, Defendant Kevin Thornal filed a Motion to Dismiss Plaintiffs First Amended Complaint. See Dkt. No. 23 - 23.5 (Thornal’s Rule 9A package, which included Plaintiff's Opposition Brief). Defendant Cynosure, Inc. filed a similar Motion to Dismiss a day earlier, on April 12, 2021. See Dkt. No: 17. On November 17, 2021, this Court Con. John Lu) held a hearing on both of Defendants’ Motions to Dismiss, via Zoom. Judge Lu took the matter under advisement. On January 3, 2022, Judge Lu denied Cynosure’s Motion to Dismiss, finding that“On balance, [Plaintiff's] opposition is sufficient to avoid dismissal at this Stage.” Judge Liu, however, did not issue a ruling on Thomal’s Motion to Dismiss, which remains pending. In the interim, the SIC issued a decision hat relates directly to one of the defenses raised by Cynosure and Thomal in their Motions to Dismiss, namely that Plaintiff's fraud and Chapter 93A claims are purportedly barred by a limitation of liability provision contained in the parties’ contract. In its holding in HI Lincoln, Inc. v. South Washington Street LLC et al., the SIC rejected ic