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Date Filed 12/30/2022 10:35 AM
48
‘Superior Court - Bristol
Docket Number 2173CV00074
COMMONWEALTH OF MASSACHUSETTS:
BRISTOL, SS. SUPERIOR COURT
DEPARTMENT OF THE
TRIAL COURT
CIVIL ACTION
NO. 2173CV00074
LAND COURT 22SBQ02173 09-001
ALVES
BRISTOL,SS SUPERIOR COURT
ANTONIA V. ALVES,
Plaintiff
FILED
DEC 8 02022
V.
JENNIFER A. SULLIVAN; ESQ.
CLERK / MAGISTRATE
ELLIOT SCHNEIDER, et al.,
Defendants
‘MOTION IN LIMINE TO PRECLUDE PLAINTIFF’S WITNESSES THAT
WILL NOT BE TESTIFYING AS TO EXPENDITURES
Defendants, Elliot Schneider and Motorcade, LLC (collectively “Defendants”), move to
exclude testimony of witnesses proposed by Plaintiff, Antonia Alves, or Third-Party Defendant
Goncalo Lima (collectively “Alves”) who cannot provide evidence of Alve’s expenditures.' .As
grounds for this motion, Defendants state as follows:
' The witnesses are listed in the Joint Pretrial
Diane Hodge, 10 Everett Street, Dartmouth, MA
Lezan Hodge, 48 Pine Street, Rochester, MA
Date Filed 12/30/2022 10:35 AM
Superior Court - Bristol
Docket Number 2173CV00074
The Court has limited Alves “to proffer evidence of expenditures they have made for
improvements to the property to offset the Use and Occupancy amounts that
Schneider seeks to recover.”
Defendants assert that the witnesses listed in the Joint Pretrial cannot reasonably
expected to know what expenditures that Alves made. Moreover, Alves and Lima
can testify as to expenditures that they made.
To allow other witnesses to testify as to expenditures would only be duplicative of
Alves and Lima’s testimony, thus unnecessarily time consuming, or needless
presentation of cumulative evidence. Commonwealth v. Cruz, 53 Mass. App. Ct. 393,
407-408 (2001); Commonwealth v. Bonds, 445 Mass. 821, 831 (2006); Mass. Guide
To Evidence, S. 403.
Thus, there is no reason why the witnesses listed should be allowed to testify as to
Alves’ expenditures.
Jason Andrade, 2100 Phillips Road, Apt. 14, New Bedford, MA
Dave Sousa, 150 Woodcock Road, Dartmouth, MA
Gary Nichols, 22 Thomas Hill Road, Acushnet, MA
Nelson Cardoza, 95R South Main Street, Acushnet, MA
Joe Almeida, 163 Sharp Street, Dartmouth, MA
Derek Fletcher, 2 Appaloosa Lane, Mattapoisett, MA
Manny Medeiros, 1015 Meadow Street, New Bedford, MA
Date Filed 12/30/2022 10:35 AM
‘Superior Court - Bristol
Docket Number 2173CV00074
‘WHEREFORE, for the reasons stated herein, this Court should not allow the
testimony of witnesses who cannot testify as to expenditures made by Alves as listed in
the Joint Pretrial.
Defendants Elliot Schneider and Motorcade,
LLC and Motorcade, LLC and Third-Party
Plaintiff Motorcade, LLC,
By Their Attorney
/s/ John B. Harkavy
John Harkavy, Esq (BBO # 541900)
Law Office of John B. Harkavy
89 Woodside Avenue
Wellesley, MA 02482
Telephone: (617) 510-2121
Facsimile: (615) 490-0653
Email: jharkavy@harkavylaw.net
December 14, 2022
CERTIFICATE OF SERVICE
A true copy of the above document was this day served upon counsel of record by email as
agreed.
Signed under the pains and penalties of perjury.
/s/ John B. Harkavy
John B. Harkavy
Dated: December 14, 2022
Date Filed 12/30/2022 10:35 AM
‘Superior Court - Bristol
Docket Number 2173CV00074
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS.” SUPERIOR COURT
DEPARTMENT OF THE
TRIAL COURT
CIVIL ACTION
NO. 2173CV00074
LAND COURT 22SBQ02173 09-001
ALVES
ANTONIA V. ALVES,
Plaintiff
Vv.
ELLIOT SCHNEIDER, et al.,
Defendants
LIST OF DOCUMENTS
1. MOTION IN LIMINE TO PRECLUDE PLAINTIFF’S WITNESSES THAT WILL
NOT BE TESTIFYING AS TO EXPENDITURES; and
2. AFFIDAVIT OF COMPLIANCE
Defendants Elliot Schneider and Motorcade,
LLC and Motorcade, LLC and Third-Party
Plaintiff Motorcade, LLC,
By Their Attorney
{si John B. Harkavy
John Harkavy, Esq (BBO # 541900)
Law Office of John B. Harkavy
89 Woodside Avenue
Date Filed 12/30/2022 10:35 AM
Superior Court - Bristol
Docket Number 2173CV00074
|
Wellesley, MA 02482
Telephone: (617) 510-2121
Facsimile: (615) 490-0653
Email: jharkav harka' law.net
December 30, 2022
CERTIFICATE OF SERVICE
A true copy of the above document was this day served upon counsel of record by email as
agreed.
Signed under the pains and penalties of perjury.
/s/ John B. Harkavy
John B. Harkavy
Dated: December 30, 2022
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Date Filed 12/30/2022 10:35 AM 48 ‘Superior Court - Bristol Docket Number 2173CV00074 COMMONWEALTH OF MASSACHUSETTS: BRISTOL, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2173CV00074 LAND COURT 22SBQ02173 09-001 ALVES BRISTOL,SS SUPERIOR COURT ANTONIA V. ALVES, Plaintiff FILED DEC 8 02022 V. JENNIFER A. SULLIVAN; ESQ. CLERK / MAGISTRATE ELLIOT SCHNEIDER, et al., Defendants ‘MOTION IN LIMINE TO PRECLUDE PLAINTIFF’S WITNESSES THAT WILL NOT BE TESTIFYING AS TO EXPENDITURES Defendants, Elliot Schneider and Motorcade, LLC (collectively “Defendants”), move to exclude testimony of witnesses proposed by Plaintiff, Antonia Alves, or Third-Party Defendant Goncalo Lima (collectively “Alves”) who cannot provide evidence of Alve’s expenditures.' .As grounds for this motion, Defendants state as follows: ' The witnesses are listed in the Joint Pretrial Diane Hodge, 10 Everett Street, Dartmouth, MA Lezan Hodge, 48 Pine Street, Rochester, MA Date Filed 12/30/2022 10:35 AM Superior Court - Bristol Docket Number 2173CV00074 The Court has limited Alves “to proffer evidence of expenditures they have made for improvements to the property to offset the Use and Occupancy amounts that Schneider seeks to recover.” Defendants assert that the witnesses listed in the Joint Pretrial cannot reasonably expected to know what expenditures that Alves made. Moreover, Alves and Lima can testify as to expenditures that they made. To allow other witnesses to testify as to expenditures would only be duplicative of Alves and Lima’s testimony, thus unnecessarily time consuming, or needless presentation of cumulative evidence. Commonwealth v. Cruz, 53 Mass. App. Ct. 393, 407-408 (2001); Commonwealth v. Bonds, 445 Mass. 821, 831 (2006); Mass. Guide To Evidence, S. 403. Thus, there is no reason why the witnesses listed should be allowed to testify as to Alves’ expenditures. Jason Andrade, 2100 Phillips Road, Apt. 14, New Bedford, MA Dave Sousa, 150 Woodcock Road, Dartmouth, MA Gary Nichols, 22 Thomas Hill Road, Acushnet, MA Nelson Cardoza, 95R South Main Street, Acushnet, MA Joe Almeida, 163 Sharp Street, Dartmouth, MA Derek Fletcher, 2 Appaloosa Lane, Mattapoisett, MA Manny Medeiros, 1015 Meadow Street, New Bedford, MA Date Filed 12/30/2022 10:35 AM ‘Superior Court - Bristol Docket Number 2173CV00074 ‘WHEREFORE, for the reasons stated herein, this Court should not allow the testimony of witnesses who cannot testify as to expenditures made by Alves as listed in the Joint Pretrial. Defendants Elliot Schneider and Motorcade, LLC and Motorcade, LLC and Third-Party Plaintiff Motorcade, LLC, By Their Attorney /s/ John B. Harkavy John Harkavy, Esq (BBO # 541900) Law Office of John B. Harkavy 89 Woodside Avenue Wellesley, MA 02482 Telephone: (617) 510-2121 Facsimile: (615) 490-0653 Email: jharkavy@harkavylaw.net December 14, 2022 CERTIFICATE OF SERVICE A true copy of the above document was this day served upon counsel of record by email as agreed. Signed under the pains and penalties of perjury. /s/ John B. Harkavy John B. Harkavy Dated: December 14, 2022 Date Filed 12/30/2022 10:35 AM ‘Superior Court - Bristol Docket Number 2173CV00074 COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS.” SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2173CV00074 LAND COURT 22SBQ02173 09-001 ALVES ANTONIA V. ALVES, Plaintiff Vv. ELLIOT SCHNEIDER, et al., Defendants LIST OF DOCUMENTS 1. MOTION IN LIMINE TO PRECLUDE PLAINTIFF’S WITNESSES THAT WILL NOT BE TESTIFYING AS TO EXPENDITURES; and 2. AFFIDAVIT OF COMPLIANCE Defendants Elliot Schneider and Motorcade, LLC and Motorcade, LLC and Third-Party Plaintiff Motorcade, LLC, By Their Attorney {si John B. Harkavy John Harkavy, Esq (BBO # 541900) Law Office of John B. Harkavy 89 Woodside Avenue Date Filed 12/30/2022 10:35 AM Superior Court - Bristol Docket Number 2173CV00074 | Wellesley, MA 02482 Telephone: (617) 510-2121 Facsimile: (615) 490-0653 Email: jharkav harka' law.net December 30, 2022 CERTIFICATE OF SERVICE A true copy of the above document was this day served upon counsel of record by email as agreed. Signed under the pains and penalties of perjury. /s/ John B. Harkavy John B. Harkavy Dated: December 30, 2022