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.
Preview
Date Filed 9/6/2022 4:35 PM
Superior Court - Middlesex
Docket Number 2081CV02967 J
47
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
ELIZABETH GRADY FACE FIRST INC.
D/B/A THE ELIZABETH GRADY
COMPANY,
Plaintiff, CIVIL ACTION NO. 2081-CV-02967
v.
CYNOSURE, INC., and 9/6/2022
KEVIN THORNAL,
Defendants.
CYNOSURE, LLC’S MOTION FOR LEAVE TO FILE UPDATE TO THE COURT ON
STATUS OF DISCOVERY, AND SUPPLEMENT TO MOTIONS TO COMPEL
A further status conference/hearing is scheduled in this matter for September 6, 2022 in
connection with certain outstanding motions to compel. At the parties’ request, the Court has thus
far deferred ruling on those motions pending ongoing efforts by counsel to resolve the parties’
differences. As an aid to the Court in connection with the upcoming hearing, Defendant Cynosure,
LLC (“Cynosure”) hereby requests leave to file an update on the status of discovery and
supplement to Cynosure’s pending motions to compel documents and deposition testimony from
Plaintiff Elizabeth Grady Face First Inc., d/b/a The Elizabeth Grady Company.
More specifically, on May 31, 2022 and June 7, 2022, Cynosure filed motions to compel
Plaintiff to produce documents responsive to Cynosure’s first and second sets of requests for
production, see Dkts. 38-39.4. On July 25, 2022, Cynosure filed a motion to compel the
depositions of five witnesses, see Dkts. 43-44. The parties have appeared before this Court on two
prior occasions related to these motions. Because the parties were continuing to meet and confer,
KO
Date Filed 9/6/2022 4:35 PM
Superior Court - Middlesex
Docket Number 2081CV02967
Cynosure agreed to hold its motions in abeyance and did not, at that time, ask the Court to issue a
decision. However, due to Plaintiff’s continued refusal to meaningfully engage with Cynosure
and its complete failure to remedy the deficiencies in Plaintiff’s document production, it has
become apparent that Court resolution is necessary. Cynosure respectfully requests leave to file
an update on the status of discovery and a supplement to the motions to compel in order to advise
the Court of the specific issues that remain in dispute. Cynosure also has attached to its update a
Proposed Order on Cynosure’s outstanding motions.
2
Date Filed 9/6/2022 4:35 PM
Superior Court - Middlesex
Docket Number 2081CV02967
Dated: September 2, 2022 Respectfully submitted,
/s/ Michael J. Pineault
Michael J. Pineault (BBO No. 555314)
ANDERSON & KREIGER LLP
50 Milk Street, 21st Floor
Boston, MA 02109
mpineault@andersonkreiger.com
T: +1 617.621.6578
F: +1 617.621.6619
Daniel S. Pariser (pro hac vice)
J. A. Wiesner (pro hac vice)
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave., NW
Washington, D.C. 20001
daniel.pariser@arnoldporter.com
J..wiesner@arnoldporter.com
T: +1 202.942.5000
F: +1 202.942.5999
Lori B. Leskin (pro hac vice)
Leah R. Novak (pro hac vice)
ARNOLD & PORTER KAYE SCHOLER LLP
250 West 55 St.,
New York, N.Y. 10019
lori.leskin@arnoldporter.com
leah.novak@arnoldporter.com
T: +1 212.836.8000
F: +1 212.836.8689
Counsel for Defendant Cynosure, LLC
CERTIFICATE OF SERVICE
I certify that, pursuant to the agreement of counsel, I caused this document to be served
on counsel of record for the other parties by email this second day of September, 2022.
/s/ Michael J. Pineault
Michael J. Pineault
3
Document Filed Date
September 06, 2022
Case Filing Date
December 08, 2020
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Date Filed 9/6/2022 4:35 PM Superior Court - Middlesex Docket Number 2081CV02967 J 47 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ELIZABETH GRADY FACE FIRST INC. D/B/A THE ELIZABETH GRADY COMPANY, Plaintiff, CIVIL ACTION NO. 2081-CV-02967 v. CYNOSURE, INC., and 9/6/2022 KEVIN THORNAL, Defendants. CYNOSURE, LLC’S MOTION FOR LEAVE TO FILE UPDATE TO THE COURT ON STATUS OF DISCOVERY, AND SUPPLEMENT TO MOTIONS TO COMPEL A further status conference/hearing is scheduled in this matter for September 6, 2022 in connection with certain outstanding motions to compel. At the parties’ request, the Court has thus far deferred ruling on those motions pending ongoing efforts by counsel to resolve the parties’ differences. As an aid to the Court in connection with the upcoming hearing, Defendant Cynosure, LLC (“Cynosure”) hereby requests leave to file an update on the status of discovery and supplement to Cynosure’s pending motions to compel documents and deposition testimony from Plaintiff Elizabeth Grady Face First Inc., d/b/a The Elizabeth Grady Company. More specifically, on May 31, 2022 and June 7, 2022, Cynosure filed motions to compel Plaintiff to produce documents responsive to Cynosure’s first and second sets of requests for production, see Dkts. 38-39.4. On July 25, 2022, Cynosure filed a motion to compel the depositions of five witnesses, see Dkts. 43-44. The parties have appeared before this Court on two prior occasions related to these motions. Because the parties were continuing to meet and confer, KO Date Filed 9/6/2022 4:35 PM Superior Court - Middlesex Docket Number 2081CV02967 Cynosure agreed to hold its motions in abeyance and did not, at that time, ask the Court to issue a decision. However, due to Plaintiff’s continued refusal to meaningfully engage with Cynosure and its complete failure to remedy the deficiencies in Plaintiff’s document production, it has become apparent that Court resolution is necessary. Cynosure respectfully requests leave to file an update on the status of discovery and a supplement to the motions to compel in order to advise the Court of the specific issues that remain in dispute. Cynosure also has attached to its update a Proposed Order on Cynosure’s outstanding motions. 2 Date Filed 9/6/2022 4:35 PM Superior Court - Middlesex Docket Number 2081CV02967 Dated: September 2, 2022 Respectfully submitted, /s/ Michael J. Pineault Michael J. Pineault (BBO No. 555314) ANDERSON & KREIGER LLP 50 Milk Street, 21st Floor Boston, MA 02109 mpineault@andersonkreiger.com T: +1 617.621.6578 F: +1 617.621.6619 Daniel S. Pariser (pro hac vice) J. A. Wiesner (pro hac vice) ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, D.C. 20001 daniel.pariser@arnoldporter.com J..wiesner@arnoldporter.com T: +1 202.942.5000 F: +1 202.942.5999 Lori B. Leskin (pro hac vice) Leah R. Novak (pro hac vice) ARNOLD & PORTER KAYE SCHOLER LLP 250 West 55 St., New York, N.Y. 10019 lori.leskin@arnoldporter.com leah.novak@arnoldporter.com T: +1 212.836.8000 F: +1 212.836.8689 Counsel for Defendant Cynosure, LLC CERTIFICATE OF SERVICE I certify that, pursuant to the agreement of counsel, I caused this document to be served on counsel of record for the other parties by email this second day of September, 2022. /s/ Michael J. Pineault Michael J. Pineault 3