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HAG Ne (| D2RECEIVED
penor Gourt - Middlesex
reket Number,2181 }CV00761
36
S: 20 3/14/2023
THE COMMONWEALTH OF MASSACHUSETTS ZH
MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 2181CV00761
PETER KAMEL, Emergency Filing/Immediate Review
Plaintiff Requested
Vv. y[u feo 23
MARIA AMELINA See order p
a/k/a MASHA AMELINA
Cr_—
> , 6 ,
a/k/a MARIA BANAR,
Defendant{s]
DEFENDANT MASHA AMELINA’S EMERGENCY MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FOR FURTHER DEPOSITION OF PLAINTIFF
PETER KAMEL AND FOR SANCTIONS/ COSTS
. Pursuant to Mass. R. Civ. P. 37(a), Defendant MASHA AMELINA (“Ameli ”) requests
that this Honorable Court compel Plaintiff PETER KAMEL (“Kamel”) to produce such documents
and records as he specifically referenced at deposition on March 9, 2023, and to further answer the
questions propounded to him at deposition regarding the same.
Pursuant to Mass. R. Civ. 37(a)(4), 37(d)(1), and 45(g), Amelina also moves this Honorable
Court to sanction Kamel for providing untruthful testimony under oath—irrespective of whether
he produces those documents he referenced with particularity at deposition—and to award
associated costs and attorneys’ fees.
An emergency exists, given the nearness of the March 15, 2023, discovery deadline set by
this Court in its Order on Pleadings #29, #30, #31, and #32 of December 19, 2022.
In support of this Motion, Amelina states the following:
(1) On December 20, 2023, this Court entered an Order on Pleadings Nos. 29, 30, 31, and
32, which stated, in relevant part: “[A]ll discovery in this case (that is, discovery
penor Gourt - iwiddiesex
veket Number 2181CV00761
already noticed or served, but which requires compliance with these orders) shall be
complete on or before March 15, 2023,” (emphasis in original).
Q) On February 7, 2023, in accordance with the Order of December 20, 2023, Kamel was
served with a Notice of Taking Deposition, dated February 7, 2023. A true and correct
copy of the Notice of Taking Deposition is attached as Exhibit A.
GB) Pursuant to the notice—and in the presence of his counsel—Kamel was duly sworn on
March 9, 2023, at the law offices of Amelina’s counsel located at 4 Pearl St., Dedham,
MA 02026.
4) Thereafter, counsel for Amelina examined Kamel. During the examination, Kamel
made statements materially inconsistent with his prior sworn testimony, most notably
that he contributed $250,000.00 toward the downpayment on the property at issue, 53
Dudley Road, Newton. He ‘previously stated under oath that Amelina paid the
downpayment out of her retirement savings, as described below.
6) Counsel for Amelina asked the following questions:
@ Ms. Amelina paid for everything during your relationship—yes, or no?
(b) Why did Ms. Amelina ultimately acquire the property located at 53 Dudley Road,
instead of First Dream, LLC?
© Where did the money for the down payment on 53 Dudley Road come from?
@ What document(s) can Mr. Kamel point to that reflect the financial contribution(s)
he made to the down payment on 53 Dudley Road and to the beginning of his
relationship with Amelina?
6 As the certified transcript of the proceedings will more fully reflect, Kamel—being
duly sworn and in the presence of counsel—answered as follows:
perior Gourt - lmiddiesex
acket Number 21 |81CV00761
@ Kamel used funds from his own accounts to sustain the parties in the first year of
their relationship from 2017-2018.
(b) Kamel never knew the reasons for—and never received information regarding—
the acquisition of 53 Dudley Road by Ms. Amelina, rather than by First Dream,
LLC.
(©) Kamel contributed $250,000 of his personal funds to the down payment on 53
Dudley Road.
@ Kamel’s bank account statements—and those from the eleven credit cards he held
at that time—will serve to prove these contributions.
(7) When pressed, Kamel and his counsel gave only evasive answers regarding the
availability of the bank statements that demonstrate his personal contributions,
agreeing only to “take a look” and to provide them “to the extent they exist.”
(8) In his Affidavit in Support of Plaintiff's Motion for Real Estate Attachment, dated May
26, 2021, Kamel provided the following sworn, written statement: “Prior to the
acquisition of the Property in 2018, the Plaintiff and Defendant co-habited for 4 years,
one of which was in a4 leased home also located in Newton, Massachusetts. The
residential lease concerning this home was executed in the name of both parties as joint
[sic] \easees. Pursuant to our life partnering agreement, which existed at that time, I
was responsible for paying the electric, Internet and. food bills and family: outing-
related expenses during this time period, and Banar was responsible for paying the rent,
water and gas bills.” [Pl.’s Aff., at 18] (internal cross references omitted) (emphasis
supplied).
penior Court - Middlesex
1cket Number 2181CV00761
(9) Inhis Affidavit in Support of Plaintiff's Motion for Real Estate Attachment, dated May
26, 2021, Kamel provided the following sworn, written statement: “The Property was
purchased in the Defendant’s name using funds from one of her retirement plans as
down payment. The purchase price of the property was $1,550,000.00. I negotiated the
terms and price of the.purchase and represented the Defendant at the closing.” [Pl].
Aff., at 5] (emphasis supplied).
(10) In willful disregard of his oath and affirmation to tell the truth on both occasions,
Kamel’s testimony at deposition directly contradicts those prior sworn statements he
gave in his Affidavit of May 26, 2021, in the following ways:
(a) Kamel claimed to have single-handedly sustained the parties in the first year of
their relationship when questioned at deposition, yet previously claimed only to
have been responsible for “electric, Internet, and food bills and family outing-
related expenses during this time period” in his Affidavit of May 26, 2021.
) Kamel claimed to have no knowledge of negotiations regarding the purchase of 53
Dudley Road by Amelina, rather than First Dream, LLC, when questioned at
deposition, yet previously claimed to have “negotiated the terms and price of the
purchase and [to have] represented the Defendant at the closing” in his Affidavit of
May 26, 2021.
“© Kamel claimed to have contributed $250,000 of his personal funds to the down
payment on 53 Dudley .Road when questioned at deposition, yet previously—and
correctly—stated that the property was purchased “in the Defendant’s name using
funds from one of her retirement plans as a down payment” in his Affidavit of May
26, 2021.
perior Court - Middlesex
acket Number 21 81CV00761
(d) Kamel claimed that his bank account transaction records would substantiate these
assertions for the first time at his deposition on March 9, 2023.
(11) After pointing out the inconsistencies between Kamel’s prior sworn statements and his
testimony at the deposition, counsel for Amelina suspended the deposition of Mach 9,
2023, in favor of reviewing the records that Kamel explicitly agreed to produce before
resuming the depositionof Kamel by counsel for Amelina at a later date.
(12) As of the filing of this Motion on March 13, 2023, Kamel has yet to produce any
responsive documents, statements, or bank records whatsoever.
FOR THE REASONS STATED, Defendant MASHA AMELINA respectfully moves this
Honorable Court to:
(1) Compel Plaintiff PETER KAMEL to produce such documents and records as he
specifically referenced at deposition on March 9, 2023, and to provide further answers
to the questions propounded to him at deposition regarding the same;
Q) Sanction Kamel for providing untruthful testimony while under oath;
GB) Award associated costs and attorneys’ fees; and
(4) Award such other relief as this Court deems to be equitable and just.
Respectfully submitted,
MARIA AMELINA,
By her attorney,
/s/ Kristin N. Weberg
Kristin N. Weberg
BBO# 569029
The Law Office of Kristin N. Weberg
4 Pearl Street, Suite 5
Dedham, MA 02026
Tel: (781) 952-0074
kristin@weberglaw.com
perior Court - Middiesex
icket Number 2181CV00761
Dated: March 14, 2023
CERTIFICATE OF SERVICE
Thereby certify that a true copy of the above document was served on the1 following
attorney of record for Peter Kamel by mail on March 14, 2023:
Casey Sack, Esq.
Sean B. Cullen, Esq
Rudolph Friedmann LLP
92 State Street
Boston, MA 02109
/s/ Kristin N. Weberg
Kristin N. Weberg
J ifn[23
ated: March 14, 2023
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HAG Ne (| D2RECEIVED penor Gourt - Middlesex reket Number,2181 }CV00761 36 S: 20 3/14/2023 THE COMMONWEALTH OF MASSACHUSETTS ZH MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 2181CV00761 PETER KAMEL, Emergency Filing/Immediate Review Plaintiff Requested Vv. y[u feo 23 MARIA AMELINA See order p a/k/a MASHA AMELINA Cr_— > , 6 , a/k/a MARIA BANAR, Defendant{s] DEFENDANT MASHA AMELINA’S EMERGENCY MOTION TO COMPEL PRODUCTION OF DOCUMENTS FOR FURTHER DEPOSITION OF PLAINTIFF PETER KAMEL AND FOR SANCTIONS/ COSTS . Pursuant to Mass. R. Civ. P. 37(a), Defendant MASHA AMELINA (“Ameli ”) requests that this Honorable Court compel Plaintiff PETER KAMEL (“Kamel”) to produce such documents and records as he specifically referenced at deposition on March 9, 2023, and to further answer the questions propounded to him at deposition regarding the same. Pursuant to Mass. R. Civ. 37(a)(4), 37(d)(1), and 45(g), Amelina also moves this Honorable Court to sanction Kamel for providing untruthful testimony under oath—irrespective of whether he produces those documents he referenced with particularity at deposition—and to award associated costs and attorneys’ fees. An emergency exists, given the nearness of the March 15, 2023, discovery deadline set by this Court in its Order on Pleadings #29, #30, #31, and #32 of December 19, 2022. In support of this Motion, Amelina states the following: (1) On December 20, 2023, this Court entered an Order on Pleadings Nos. 29, 30, 31, and 32, which stated, in relevant part: “[A]ll discovery in this case (that is, discovery penor Gourt - iwiddiesex veket Number 2181CV00761 already noticed or served, but which requires compliance with these orders) shall be complete on or before March 15, 2023,” (emphasis in original). Q) On February 7, 2023, in accordance with the Order of December 20, 2023, Kamel was served with a Notice of Taking Deposition, dated February 7, 2023. A true and correct copy of the Notice of Taking Deposition is attached as Exhibit A. GB) Pursuant to the notice—and in the presence of his counsel—Kamel was duly sworn on March 9, 2023, at the law offices of Amelina’s counsel located at 4 Pearl St., Dedham, MA 02026. 4) Thereafter, counsel for Amelina examined Kamel. During the examination, Kamel made statements materially inconsistent with his prior sworn testimony, most notably that he contributed $250,000.00 toward the downpayment on the property at issue, 53 Dudley Road, Newton. He ‘previously stated under oath that Amelina paid the downpayment out of her retirement savings, as described below. 6) Counsel for Amelina asked the following questions: @ Ms. Amelina paid for everything during your relationship—yes, or no? (b) Why did Ms. Amelina ultimately acquire the property located at 53 Dudley Road, instead of First Dream, LLC? © Where did the money for the down payment on 53 Dudley Road come from? @ What document(s) can Mr. Kamel point to that reflect the financial contribution(s) he made to the down payment on 53 Dudley Road and to the beginning of his relationship with Amelina? 6 As the certified transcript of the proceedings will more fully reflect, Kamel—being duly sworn and in the presence of counsel—answered as follows: perior Gourt - lmiddiesex acket Number 21 |81CV00761 @ Kamel used funds from his own accounts to sustain the parties in the first year of their relationship from 2017-2018. (b) Kamel never knew the reasons for—and never received information regarding— the acquisition of 53 Dudley Road by Ms. Amelina, rather than by First Dream, LLC. (©) Kamel contributed $250,000 of his personal funds to the down payment on 53 Dudley Road. @ Kamel’s bank account statements—and those from the eleven credit cards he held at that time—will serve to prove these contributions. (7) When pressed, Kamel and his counsel gave only evasive answers regarding the availability of the bank statements that demonstrate his personal contributions, agreeing only to “take a look” and to provide them “to the extent they exist.” (8) In his Affidavit in Support of Plaintiff's Motion for Real Estate Attachment, dated May 26, 2021, Kamel provided the following sworn, written statement: “Prior to the acquisition of the Property in 2018, the Plaintiff and Defendant co-habited for 4 years, one of which was in a4 leased home also located in Newton, Massachusetts. The residential lease concerning this home was executed in the name of both parties as joint [sic] \easees. Pursuant to our life partnering agreement, which existed at that time, I was responsible for paying the electric, Internet and. food bills and family: outing- related expenses during this time period, and Banar was responsible for paying the rent, water and gas bills.” [Pl.’s Aff., at 18] (internal cross references omitted) (emphasis supplied). penior Court - Middlesex 1cket Number 2181CV00761 (9) Inhis Affidavit in Support of Plaintiff's Motion for Real Estate Attachment, dated May 26, 2021, Kamel provided the following sworn, written statement: “The Property was purchased in the Defendant’s name using funds from one of her retirement plans as down payment. The purchase price of the property was $1,550,000.00. I negotiated the terms and price of the.purchase and represented the Defendant at the closing.” [Pl]. Aff., at 5] (emphasis supplied). (10) In willful disregard of his oath and affirmation to tell the truth on both occasions, Kamel’s testimony at deposition directly contradicts those prior sworn statements he gave in his Affidavit of May 26, 2021, in the following ways: (a) Kamel claimed to have single-handedly sustained the parties in the first year of their relationship when questioned at deposition, yet previously claimed only to have been responsible for “electric, Internet, and food bills and family outing- related expenses during this time period” in his Affidavit of May 26, 2021. ) Kamel claimed to have no knowledge of negotiations regarding the purchase of 53 Dudley Road by Amelina, rather than First Dream, LLC, when questioned at deposition, yet previously claimed to have “negotiated the terms and price of the purchase and [to have] represented the Defendant at the closing” in his Affidavit of May 26, 2021. “© Kamel claimed to have contributed $250,000 of his personal funds to the down payment on 53 Dudley .Road when questioned at deposition, yet previously—and correctly—stated that the property was purchased “in the Defendant’s name using funds from one of her retirement plans as a down payment” in his Affidavit of May 26, 2021. perior Court - Middlesex acket Number 21 81CV00761 (d) Kamel claimed that his bank account transaction records would substantiate these assertions for the first time at his deposition on March 9, 2023. (11) After pointing out the inconsistencies between Kamel’s prior sworn statements and his testimony at the deposition, counsel for Amelina suspended the deposition of Mach 9, 2023, in favor of reviewing the records that Kamel explicitly agreed to produce before resuming the depositionof Kamel by counsel for Amelina at a later date. (12) As of the filing of this Motion on March 13, 2023, Kamel has yet to produce any responsive documents, statements, or bank records whatsoever. FOR THE REASONS STATED, Defendant MASHA AMELINA respectfully moves this Honorable Court to: (1) Compel Plaintiff PETER KAMEL to produce such documents and records as he specifically referenced at deposition on March 9, 2023, and to provide further answers to the questions propounded to him at deposition regarding the same; Q) Sanction Kamel for providing untruthful testimony while under oath; GB) Award associated costs and attorneys’ fees; and (4) Award such other relief as this Court deems to be equitable and just. Respectfully submitted, MARIA AMELINA, By her attorney, /s/ Kristin N. Weberg Kristin N. Weberg BBO# 569029 The Law Office of Kristin N. Weberg 4 Pearl Street, Suite 5 Dedham, MA 02026 Tel: (781) 952-0074 kristin@weberglaw.com perior Court - Middiesex icket Number 2181CV00761 Dated: March 14, 2023 CERTIFICATE OF SERVICE Thereby certify that a true copy of the above document was served on the1 following attorney of record for Peter Kamel by mail on March 14, 2023: Casey Sack, Esq. Sean B. Cullen, Esq Rudolph Friedmann LLP 92 State Street Boston, MA 02109 /s/ Kristin N. Weberg Kristin N. Weberg J ifn[23 ated: March 14, 2023 Wffer hor, De eho A congo os Ms. Aorofrie ba chiar nt OS hows Ahir 5, fL, cod, a fidens Ae “gee fer dif s/foA amel, bethApe daw CW fel Pas On o7 ae 7 Ss i4/23 : 7 MU docurratk riflechig “y dour pyres: &ao Corb behdiy (oun food on U5 co? Manta ; junit vclidy Gan Lu cade check hile Ss ond 2) al Chee. cobs “and aid cad sth on fhe Hib, of Us one Which fle lj ie kewelé ¢ s YL wh oe hw. Wd, lorw MeLtr e 20/6 Fn. e+ wt le fo hack & vin bed gre po RICE Re aed fn of 7 fib don nae ns bz F ho gu 0 Ca SZ LLG, or tees A CAST. _S obey’ CL,