Preview
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
44.3 RECEIVED
8/16/2023
COMMONWEALTH OF MASSACHUSETTS
OF THE TRIAL COURT
MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT
CASE NO. 2181CV00761
PETER KAMEL,
Plaintiff
Vv.
MARIA AMELINA a/k/a MASHA AMELINA.
a/k/a MARIA BANAR,
Defendant
PLAINTIFF’S REPLY TO DEFENDANT’S LIMITED OPPOSITION TO
PLAINTIFF’S MOTION TO PERMIT LATE DISCLOSURE OF EXPERT WITNESSES
Plaintiff, Peter Kamel (“Plaintiff” or “Kamel”), by his undersigned counsel, hereby submits
this reply to Defendant, Maria Amelina a/k/a Masha Amelina a/k/a Maria Banar’s (“Defendant”
or “Amelina”) Limited Opposition to Plaintiff's Motion to Permit Late Disclosure of Expert
Witnesses (the “Limited Opposition”).
I FACTUAL AND PROCEDURAL HISTORY
The Court held a final pre-trial conference on May 22, 2023 (the “Final Pre-Trial
Conference”). At the conclusion of the Final Pre-Trial Conference, the Court scheduled a final
trial conference for May 16, 2024, and a final trial date for May 23, 2024 (the “Trial Date”). The
Court also set a deadline of August 1, 2023, for serving any summary judgment motions. The
extended trial date was based on representations by Defendant’s prior counsel, Attorney Kristin
N. Weberg (“Attorney Weberg”), that she was going to move for summary judgment on all claims.
On August 1, 2023, Defendant, through Attorney Weberg, served Kamel with Defendant’s
motion for summary judgment (the “SJ Motion”). On August 9, 2023, Kamel filed an emergency FW
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
motion to strike the SJ Motion as none of the referenced exhibits were in admissible form (the
“Emergency Motion to Strike”). See Dkt. Nos. 41-41.3. Although it was denied without prejudice,
Defendant acknowledged the deficiencies noted in the Emergency Motion to Strike by re-serving
the summary judgment motion with additional affidavits on August 9, 2023 (the “Re-Served SJ
Motion”). The Re-Served SJ Motion, however, suffered from the same deficiencies as the prior SJ
Motion as the exhibits were still inadmissible, and the purported statement of undisputed material
facts was still unsupported by admissible evidence. The Re-Served SJ Motion also plainly failed
on the merits, requiring Kamel to serve his opposition and cross-motion to strike! served on
Defendant on July 3, 2023 (collectively the “SJ Opposition”).
On July 7, 2023, Plaintiffs counsel sent an email to Attorney Weberg to inform her that
Kamel was seeking leave of the Court to permit the late disclosure of expert witnesses (the “July
7 Email”). A true and accurate copy of the July 7 Email is attached as Exhibit 1. In the July 7
Email, Plaintiffs counsel explained that Kamel was seeking to introduce expert testimony
regarding valuations for the Defendant’s real property located at 53 Dudley Road, Newton,
Massachusetts (the “Property”) and Defendant’s business, Visage Sculpture, LLC and its product
line Mesolyft LLC. Plaintiffs counsel further informed Attorney Weberg in the July 7 Email that
Kamel would assent to any counter designation and would also assent to any request by Defendant
to depose Kamel’s designated expert witnesses. Ex. 1
On July 10, 2023, Attorney Weberg responded by requesting the number of expert
witnesses Kamel was proposing and whether Kamel was requesting to propound additional written
discovery upon Defendant (the “July 10 Email”). A true and accurate copy of the July 10 Email is
attached as Exhibit 2. Plaintiffs counsel responded that day that Kamel was proposing two expert
' Which included a request for all work product relative to Defendant’s SJ Motion as she had waived the
privilege through service.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
witnesses and would not propound additional written discovery upon Defendant (the “July 10
Response”). A true and accurate copy of the July 10 Response is attached as Exhibit 3. Attorney
Weberg further responded by stating that she was traveling out of state the following day, would
like a further opportunity to speak with her client, and requested Kamel wait a week before serving
any motions under Superior Court Rule 9A (the “July 10 Further Reply”). A true and accurate
copy of the July 10 Further Reply is attached as Exhibit 4.
Pursuant to Superior Court Rule 9A(b)(2)(ii), Defendant had until July 17, 2023, to file the
summary judgment Rule 9A package. On July 20, 2023, Plaintiffs counsel wrote to Attorney
Weberg to inquire whether Defendant intended to file the 9A package or withdraw the Re-Served
SJ Motion. On July 21, 2023, Attorney Weberg informed Plaintiffs counsel that Defendant was
withdrawing the Re-Served SJ Motion (the “July 21 Correspondence”).” A true and accurate copy
of the July 21 Correspondence is attached as Exhibit 5.
On July 27, 2023, Plaintiffs counsel sent a follow up email to Attorney Weberg regarding
Kamel’s request to permit the late disclosure of expert witnesses as no further communication
between the Parties on this issue had taken place since July 10, 2023. The following morning, on
July 28, 2023, Attorney Laurence K. Richmond (“Attorney Richmond”) sent Plaintiff's counsel
an email stating that Defendant had retained his services and that Attorney Weberg would be
withdrawing from the case.
Shortly thereafter, Attorney Weberg moved to withdraw as defense counsel (the “Motion
to Withdraw”) and Attorney Richmond appeared on Defendant’s behalf. See Dkt. No. 43. On
? This comes after Kamel expended considerable resources opposing the Re-Served SJ Motion, was forced
to move to strike nearly all of the statement of facts and every single exhibit in support of the Re-Served SJ
Motion, and already held a 9C conference with Defendant’s counsel to note these deficiencies. Defendant
refused to withdraw the Re-Served SJ Motion, which Defendant ultimately ended up withdrawing after
seeing Plaintiff's SJ Opposition.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
August 2, 2023, the Court allowed the Motion to Withdraw and officially entered Attorney
Richmond’s appearance.
On or about July 28, 2023, Kamel served Defendant, through Attorney Richmond, with
Plaintiff's Motion to Permit Late Disclosure of Expert Witnesses (the “Motion to Permit Late
Disclosure”). On or about August 9, 2023, Defendant served Kamel with the Limited Opposition.
Despite its caption, the Limited Opposition presents no actual opposition to Kamel’s Motion to
Permit Late Disclosure; it simply clarifies that Defendant “does not assent to the admissibility of
any expert testimony” and “reserves the right to object to testimony at the time of trial on
substantive grounds and if necessary to seek appropriate protective orders.”
Yet, the Limited Opposition inappropriately sets forth a separate request for relief.
Cavalierly disregarding the Court’s prior discovery orders, saying nothing of the time and expense
Kamel has invested thus far in prosecuting this action, Defendant requests through the Limited
Opposition that the Court essentially restart the clock and reopen for one hundred twenty (120)
days all discovery (lay and expert) to permit Defendant to propound interrogatories, documents
requests and third-party documents only subpoenas.
I. ARGUMENT
First, the Limited Opposition offers no opposition to Plaintiffs pending motion.
Defendant presents no counterargument, no supporting authorities, and fails to address Plaintiff's
request on the merits. Such an opposition is invalid, violative of Superior Court Rule 9A(a)(2) and
is insufficient to warrant denial of Plaintiff's requested relief.
Second, the Court should not consider Defendant’s request for additional relief, which
Defendant has submitted under the guise of a limited opposition; it must be requested by a separate
motion. See Mass. R. Civ. P. 7(b) (“An application to the Court for an order shall be made by
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
motion...”); Mass. Super. Ct. R. 9A(a) (setting forth the requirements for moving papers,
oppositions and cross-motions, and replies). By submitting the requested relief under the guise of
a limited opposition, Defendant is attempting to avoid further scrutiny of the Court and to
circumvent Kamel’s right to oppose the motion under Superior Court Rule 9A.
Third, even if Defendant properly proceeds with her request to reopen all discovery for an
additional one hundred twenty (120) days through a separate motion, Defendant’s request is
disproportionate to the relief sought by Kamel. Defendant is not entitled to reopen all fact
discovery simply because she has chosen to obtain new counsel at the eleventh hour of this
litigation. See Perishables By Air, Inc. v. OceanAir, Inc., No. 05-P-212, 2007 WL 675334, at *2
(Mass. App. Ct. March 5, 2007) (“[JJudge not required to wipe the slate clean because new
attorneys entered the case.”). Defendant is bound by her prior counsel’s conduct and
representation. /d; see also Jabaily v. Cullen, 18 Mass. App. Ct. 944-945 (1984) (noting “review
should not be granted when the petitioner’s only cause of complaint grows out the negligence of
or misconduct of his attorney...”); Sylvester v. Hubley, 157 Mass. 306, 308 (1892). This litigation
was filed two and a half years ago. In the interim, Defendant has, inter alia, filed countless
motions, conducted written discovery, taken Plaintiff's deposition, and served two deficient
motions for summary judgment. Defendant does not get a second bite at the apple simply because
she has hired a new attorney on the eve of trial.>
CONCLUSON
For the foregoing reasons, Plaintiff Peter Kamel respectfully requests that this Honorable
Court: (a) Grant Plaintiff's Motion to Permit Late Disclosure of Expert Witnesses; (b) Deny
3 Reopening all fact discovery at this point will unfairly prejudice Kamel by significantly adding to his
litigation expenses. Kamel has already been forced to pay significant additional legal expenses because of
Defendant’s prior noncompliance with the discovery rules and frivolous Re-Served Summary Judgment
Motion, which Kamel was forced to twice move to strike and which Defendant ultimately withdrew.
5
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Defendant’s Request to Re-Open All Discovery for a Period of 120 Days; and (c) Grant any such
further relief as deemed just and proper.
Respectfully submitted,
Peter Kamel
By his attorneys
Dated: August 16, 2023 /s/ Sean Cullen
Sean B. Cullen, Esq.
BBO # 663906
Casey A. Sack, Esq.
BBO # 708448
Jonathan D. Friedmann, Esq.
BBO# 180130
RUDOLPH FRIEDMANN LLP
92 State Street
Boston, MA 02109
Tel: (617) 723-7700
scullen@rflawyers.com
sack(@yflawyers.con
ifriedmann@rflaw ers. com
CERTIFICATE OF SERVICE
Thereby certify that on August 16, 2023, a true and accurate copy of the foregoing
document was served by email and first-class mail upon counsel of record as follows:
Laurence K. Richmond, Esq.
Richmonds & Co., LLC
44 Washington Street, Suite 150
Wellesley Hills, MA 02481
lrichmond@richmondslaw.com
/s/ Sean B. Cullen
Sean B. Cullen, Esq. (BBO # 663906)
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Exhibit 1
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Sean Cullen
a UI TA SERIE IDES OSE EO ENT EE TE OT STO BS IEE
From: Sean Cullen
Sent: Friday, July 7, 2023 7:43 PM
To: Kristin Weberg
Cc: Casey Sack
Subject: Kamel v. Amelina - Expert Witnesses
Good evening, Kristin:
We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert
witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add
expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2)
valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft.
Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your
assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness
disclosures. We would also assent to any request to depose our experts.
Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office
will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the
summary judgment motion.
Thank you,
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP
92 STATE STREET
Boston, MA 02109
TE 617-72. O0 Fax: 617-227-0313
Emait: SCL LEN( @RELAWYERS.COM
VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and
only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of
the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If
you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record
of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC
SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A
BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Exhibit 2
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Sean Cullen
From: Kristin Weberg
Sent: Monday, July 10, 2023 9:38 AM
To: Sean Cullen
Subject: Re: Kamel v. Amelina - Expert Witnesses
CAUTION: This email originated from outside RF. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning Sean;
Please provide me with a little more information. | need to know how many witnesses you are intending to add and the
volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for the
late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation to
these valuations. Please advise.
Thank you,
Kristin
On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote:
Good evening, Kristin:
We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert
witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add
expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2)
valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft.
Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your
assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness
disclosures. We would also assent to any request to depose our experts.
Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office
will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the
summary judgment motion.
Thank you,
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP
92 STATE STREET
Boston, MA 02109
Tet: 617-723-7700 Fax: 617-227-0313
Email: SCULLEN@RFLAWYERS.COM
VisiT THE RUDOLPH FRIEDMANN LLP WEBSITEAT: WWW.RFLAWYERS.COM
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only,
and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or
copying of the information contained in this email by anyone other than the intended recipient of this email is strictly
prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly
destroy any record of this email.SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT
INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE
DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
~
Kristin N. Weberg, Esq.
Weberg Law LLC
Licensed in Massachusetts and New Hampshire
Main Office:
4 Pearl Street, Suite 5
Dedham, MA 02026
Tel: (781) 952-0074
Nashua Office:
20 Trafalgar Square, 4th Fl.
Nashua, NH 03063
Tel: (781) 952-0074
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
www weberglaw.com
Emaii istin@weberglaw.com
This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential
or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not
the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this
message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by
electronic mail immediately and delete this message from your computer.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Exhibit 3
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Sean Cullen
ecco ha a SSR ST TTS SRI SA a ES
From: Sean Cullen
Sent: Monday, July 10, 2023 11:15 AM
To: Kristin Weberg
Subject: RE: Kamel v. Amelina - Expert Witnesses
Good morning, Kristin:
Thank you for the prompt response. We anticipate only two additional witnesses. We do not intend to propound any
additional discovery requests upon your client. We intend only to supplement our discovery responses with any
reports/findings prepared by our experts. That being said, we will assent to any request you may have to depose our
experts.
tam happy to set up a call this afternoon or anytime tomorrow if you would like to further discuss.
Thank you,
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP.
92 STATE STREET
BOSTON, MA 02109
617-723-7700 Fax: 617-227-0313
EMalt: N@RFLAWYERS.COMOM
VisiT THE RUDOLPH FRIEDMANN LLP WEBSITE
AT: WWW.RFLAWYERS.COM
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and
only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of
the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If
you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record
of this email.SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC
SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A
BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
From: Kristin Weberg
Sent: Monday, July 10, 2023 9:38 AM
To: Sean Cullen
Subject: Re: Kamel v. Amelina - Expert Witnesses
CAUTION: This email originated from outside RF. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning Sean;
Please provide me with a little more information. | need to know how many witnesses you are intending to add and the
volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for the
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation to
these valuations. Please advise.
Thank you,
Kristin
On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote:
Good evening, Kristin:
We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert
witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add
expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2)
valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft.
Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your
assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness
disclosures. We would also assent to any request to depose our experts.
Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office
will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the
summary judgment motion.
Thank you,
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP
92 STATE STREET
Boston, MA 02109
Tet: 617-723-7700 Fax: 617-227-0313
EMait: SCULL @RELAWYERS.COM
CLAWYE
VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE
AT: WWW.RFLAWYERS.COM
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only,
and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or
copying of the information contained in this email by anyone other than the intended recipient of this email is strictly
prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly
destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT
INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE
DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
-
Kristin N. Weberg, Esq.
Weberg Law LLC
Licensed in Massachusetts and New Hampshire
Main Office:
4 Pearl Street, Suite 5
Dedham, MA 02026
Tel: (781) 952-0074
Nashua Office:
20 Trafalgar Square, 4th Fl.
Nashua, NH 03063
Tel: (781) 952-0074
www.weberglaw.com
Email: kristin@weberglaw.com
This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential
or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not
the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this
message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by
electronic mail immediately and delete this message from your computer.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Exhibit 4
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Sean Cullen
SR
a A AES
From: Kristin Weberg
Sent: Monday, July 10, 2023 2:16 PM
To: Sean Cullen
Subject: Re: Kamel v. Amelina - Expert Witnesses
CAUTION: This email originated from outside RF. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Sean,
lam leaving to go out of state tomorrow. | would like to discuss this with my client. Could you wait to file anything until
next week? | would be happy to schedule a call for next Wednesday when | am back in town.
Thank you,
Kristin
On Mon, Jul 10, 2023 at 11:15 AM Sean Cullen wrote:
Good morning, Kristin:
Thank you for the prompt response. We anticipate only two additional witnesses. We do not intend to propound any
additional discovery requests upon your client. We intend only to supplement our discovery responses with any
reports/findings prepared by our experts. That being said, we will assent to any request you may have to depose our
experts.
1am happy to set up a call this afternoon or anytime tomorrow if you would like to further discuss.
Thank you,
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP
92 STATE STREET
Boston, MA 02109
Tet: BELLS:
617-723-7700 Fax: 617-227-0313
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
EMmal: SCULLEN@RELAWYERS.COM
VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only,
and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or
copying of the information contained in this email by anyone other than the intended recipient of this email is strictly
prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly
destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT
INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE
DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
From: Kristin Weberg
Sent: Monday, July 10, 2023 9:38 AM
To: Sean Cullen
Subject: Re: Kamel v. Amelina - Expert Witnesses
CAUTION: This email originated from outside RF. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning Sean;
Please provide me with a little more information. | need to know how many witnesses you are intending to add and the
volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for
the late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation
to these valuations. Please advise.
Thank you,
Kristin
On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote:
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Good evening, Kristin:
We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert
witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to
add expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts);
and (2) valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft.
Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek
your assent to this request, We will certainly assent to any reciprocal request should you wish to amend your expert
witness disclosures. We would also assent to any request to depose our experts.
Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office
will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the
summary judgment motion.
Thank you,
SEAN B. CULLEN
RUDOLPH FRIEDMANN LLP
92 STATE STREET
Boston, MA 02109
Tel: 617-723-7700 Fax: 617-227-0313
Email: SCULLEN@RFLAWYERS.COM
ViSIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM
CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM
This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is
protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only,
3
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or
copying of the information contained in this email by anyone other than the intended recipient of this email is strictly
prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly
destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT
INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE
DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE.
-
Kristin N. Weberg, Esq.
Weberg Law LLC
Licensed in Massachusetts and New Hampshire
Main Office:
4 Pearl Street, Suite 5
Dedham, MA 02026
Tel: (781) 952-0074
Nashua Office:
20 Trafalgar Square, 4th Fl.
Nashua, NH 03063
Tel: (781) 952-0074
www.weberglaw.com
WWW.WEeDE
Email: kristin@weberglaw.com
v.COM
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
This electronic message transmission contains information from the law office of Kristin Weberg and may be
confidential or privileged. The above information is intended to be for the use of the individual or entity named above.
If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents
of this message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074)
or by electronic mail immediately and delete this message from your computer.
Kristin N. Weberg, Esq.
Weberg Law LLC
Licensed in Massachusetts and New Hampshire
Main Office:
4 Pearl Street, Suite 5
Dedham, MA 02026
Tel: (781) 952-0074
Nashua Office:
20 Trafalgar Square, 4th FI.
Nashua, NH 03063
Tel: (781) 952-0074
www.weberglaw.com
Email: kristin@weberglaw.com
This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential
or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not
the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this
message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by
electronic mail immediately and delete this message from your computer.
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
Exhibit 5
Date Filed 8/16/2023 9:18 AM
Superior Court - Middlesex
Docket Number 2181CV00761
f Pearl Street. Suite 5
Dedham. MA 02026
WEBERG LAW Phone: (781) 952-0074
ww wweberglaw.cont
kristin@ weberglay.cont
VIA EMAIL
Jonathon Friedmann, Esq.
Casey Sack. Esq.
Sean Cullen, £ q.
Rudolph Friedmann, LLP
92 State Street
Boston, MA 02109
July 21, 2023
Re; Peter Kamel v. Maria Amelina, a/k/a ? isha Amelina, a‘k/a Maria Banar, Middlesex
Superior Court, Civil Action No.; 2181CV761
Dear Attorneys Friedmann, Sack, and Cullen:
After thorough review and consideration of the Plaintiff's Opposition papers served in
response to the Defendant’s Motion for Summary Judgment, the Defendant hereby withdraws
her motion for summary judgment, pursuant to Sup. CLR. 9A.
Sincerely,
/s/ Kristin N. Weberg
Kristin N. Weberg
KNW/bk
Encl.
Preview
Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 44.3 RECEIVED 8/16/2023 COMMONWEALTH OF MASSACHUSETTS OF THE TRIAL COURT MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT CASE NO. 2181CV00761 PETER KAMEL, Plaintiff Vv. MARIA AMELINA a/k/a MASHA AMELINA. a/k/a MARIA BANAR, Defendant PLAINTIFF’S REPLY TO DEFENDANT’S LIMITED OPPOSITION TO PLAINTIFF’S MOTION TO PERMIT LATE DISCLOSURE OF EXPERT WITNESSES Plaintiff, Peter Kamel (“Plaintiff” or “Kamel”), by his undersigned counsel, hereby submits this reply to Defendant, Maria Amelina a/k/a Masha Amelina a/k/a Maria Banar’s (“Defendant” or “Amelina”) Limited Opposition to Plaintiff's Motion to Permit Late Disclosure of Expert Witnesses (the “Limited Opposition”). I FACTUAL AND PROCEDURAL HISTORY The Court held a final pre-trial conference on May 22, 2023 (the “Final Pre-Trial Conference”). At the conclusion of the Final Pre-Trial Conference, the Court scheduled a final trial conference for May 16, 2024, and a final trial date for May 23, 2024 (the “Trial Date”). The Court also set a deadline of August 1, 2023, for serving any summary judgment motions. The extended trial date was based on representations by Defendant’s prior counsel, Attorney Kristin N. Weberg (“Attorney Weberg”), that she was going to move for summary judgment on all claims. On August 1, 2023, Defendant, through Attorney Weberg, served Kamel with Defendant’s motion for summary judgment (the “SJ Motion”). On August 9, 2023, Kamel filed an emergency FW Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 motion to strike the SJ Motion as none of the referenced exhibits were in admissible form (the “Emergency Motion to Strike”). See Dkt. Nos. 41-41.3. Although it was denied without prejudice, Defendant acknowledged the deficiencies noted in the Emergency Motion to Strike by re-serving the summary judgment motion with additional affidavits on August 9, 2023 (the “Re-Served SJ Motion”). The Re-Served SJ Motion, however, suffered from the same deficiencies as the prior SJ Motion as the exhibits were still inadmissible, and the purported statement of undisputed material facts was still unsupported by admissible evidence. The Re-Served SJ Motion also plainly failed on the merits, requiring Kamel to serve his opposition and cross-motion to strike! served on Defendant on July 3, 2023 (collectively the “SJ Opposition”). On July 7, 2023, Plaintiffs counsel sent an email to Attorney Weberg to inform her that Kamel was seeking leave of the Court to permit the late disclosure of expert witnesses (the “July 7 Email”). A true and accurate copy of the July 7 Email is attached as Exhibit 1. In the July 7 Email, Plaintiffs counsel explained that Kamel was seeking to introduce expert testimony regarding valuations for the Defendant’s real property located at 53 Dudley Road, Newton, Massachusetts (the “Property”) and Defendant’s business, Visage Sculpture, LLC and its product line Mesolyft LLC. Plaintiffs counsel further informed Attorney Weberg in the July 7 Email that Kamel would assent to any counter designation and would also assent to any request by Defendant to depose Kamel’s designated expert witnesses. Ex. 1 On July 10, 2023, Attorney Weberg responded by requesting the number of expert witnesses Kamel was proposing and whether Kamel was requesting to propound additional written discovery upon Defendant (the “July 10 Email”). A true and accurate copy of the July 10 Email is attached as Exhibit 2. Plaintiffs counsel responded that day that Kamel was proposing two expert ' Which included a request for all work product relative to Defendant’s SJ Motion as she had waived the privilege through service. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 witnesses and would not propound additional written discovery upon Defendant (the “July 10 Response”). A true and accurate copy of the July 10 Response is attached as Exhibit 3. Attorney Weberg further responded by stating that she was traveling out of state the following day, would like a further opportunity to speak with her client, and requested Kamel wait a week before serving any motions under Superior Court Rule 9A (the “July 10 Further Reply”). A true and accurate copy of the July 10 Further Reply is attached as Exhibit 4. Pursuant to Superior Court Rule 9A(b)(2)(ii), Defendant had until July 17, 2023, to file the summary judgment Rule 9A package. On July 20, 2023, Plaintiffs counsel wrote to Attorney Weberg to inquire whether Defendant intended to file the 9A package or withdraw the Re-Served SJ Motion. On July 21, 2023, Attorney Weberg informed Plaintiffs counsel that Defendant was withdrawing the Re-Served SJ Motion (the “July 21 Correspondence”).” A true and accurate copy of the July 21 Correspondence is attached as Exhibit 5. On July 27, 2023, Plaintiffs counsel sent a follow up email to Attorney Weberg regarding Kamel’s request to permit the late disclosure of expert witnesses as no further communication between the Parties on this issue had taken place since July 10, 2023. The following morning, on July 28, 2023, Attorney Laurence K. Richmond (“Attorney Richmond”) sent Plaintiff's counsel an email stating that Defendant had retained his services and that Attorney Weberg would be withdrawing from the case. Shortly thereafter, Attorney Weberg moved to withdraw as defense counsel (the “Motion to Withdraw”) and Attorney Richmond appeared on Defendant’s behalf. See Dkt. No. 43. On ? This comes after Kamel expended considerable resources opposing the Re-Served SJ Motion, was forced to move to strike nearly all of the statement of facts and every single exhibit in support of the Re-Served SJ Motion, and already held a 9C conference with Defendant’s counsel to note these deficiencies. Defendant refused to withdraw the Re-Served SJ Motion, which Defendant ultimately ended up withdrawing after seeing Plaintiff's SJ Opposition. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 August 2, 2023, the Court allowed the Motion to Withdraw and officially entered Attorney Richmond’s appearance. On or about July 28, 2023, Kamel served Defendant, through Attorney Richmond, with Plaintiff's Motion to Permit Late Disclosure of Expert Witnesses (the “Motion to Permit Late Disclosure”). On or about August 9, 2023, Defendant served Kamel with the Limited Opposition. Despite its caption, the Limited Opposition presents no actual opposition to Kamel’s Motion to Permit Late Disclosure; it simply clarifies that Defendant “does not assent to the admissibility of any expert testimony” and “reserves the right to object to testimony at the time of trial on substantive grounds and if necessary to seek appropriate protective orders.” Yet, the Limited Opposition inappropriately sets forth a separate request for relief. Cavalierly disregarding the Court’s prior discovery orders, saying nothing of the time and expense Kamel has invested thus far in prosecuting this action, Defendant requests through the Limited Opposition that the Court essentially restart the clock and reopen for one hundred twenty (120) days all discovery (lay and expert) to permit Defendant to propound interrogatories, documents requests and third-party documents only subpoenas. I. ARGUMENT First, the Limited Opposition offers no opposition to Plaintiffs pending motion. Defendant presents no counterargument, no supporting authorities, and fails to address Plaintiff's request on the merits. Such an opposition is invalid, violative of Superior Court Rule 9A(a)(2) and is insufficient to warrant denial of Plaintiff's requested relief. Second, the Court should not consider Defendant’s request for additional relief, which Defendant has submitted under the guise of a limited opposition; it must be requested by a separate motion. See Mass. R. Civ. P. 7(b) (“An application to the Court for an order shall be made by Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 motion...”); Mass. Super. Ct. R. 9A(a) (setting forth the requirements for moving papers, oppositions and cross-motions, and replies). By submitting the requested relief under the guise of a limited opposition, Defendant is attempting to avoid further scrutiny of the Court and to circumvent Kamel’s right to oppose the motion under Superior Court Rule 9A. Third, even if Defendant properly proceeds with her request to reopen all discovery for an additional one hundred twenty (120) days through a separate motion, Defendant’s request is disproportionate to the relief sought by Kamel. Defendant is not entitled to reopen all fact discovery simply because she has chosen to obtain new counsel at the eleventh hour of this litigation. See Perishables By Air, Inc. v. OceanAir, Inc., No. 05-P-212, 2007 WL 675334, at *2 (Mass. App. Ct. March 5, 2007) (“[JJudge not required to wipe the slate clean because new attorneys entered the case.”). Defendant is bound by her prior counsel’s conduct and representation. /d; see also Jabaily v. Cullen, 18 Mass. App. Ct. 944-945 (1984) (noting “review should not be granted when the petitioner’s only cause of complaint grows out the negligence of or misconduct of his attorney...”); Sylvester v. Hubley, 157 Mass. 306, 308 (1892). This litigation was filed two and a half years ago. In the interim, Defendant has, inter alia, filed countless motions, conducted written discovery, taken Plaintiff's deposition, and served two deficient motions for summary judgment. Defendant does not get a second bite at the apple simply because she has hired a new attorney on the eve of trial.> CONCLUSON For the foregoing reasons, Plaintiff Peter Kamel respectfully requests that this Honorable Court: (a) Grant Plaintiff's Motion to Permit Late Disclosure of Expert Witnesses; (b) Deny 3 Reopening all fact discovery at this point will unfairly prejudice Kamel by significantly adding to his litigation expenses. Kamel has already been forced to pay significant additional legal expenses because of Defendant’s prior noncompliance with the discovery rules and frivolous Re-Served Summary Judgment Motion, which Kamel was forced to twice move to strike and which Defendant ultimately withdrew. 5 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Defendant’s Request to Re-Open All Discovery for a Period of 120 Days; and (c) Grant any such further relief as deemed just and proper. Respectfully submitted, Peter Kamel By his attorneys Dated: August 16, 2023 /s/ Sean Cullen Sean B. Cullen, Esq. BBO # 663906 Casey A. Sack, Esq. BBO # 708448 Jonathan D. Friedmann, Esq. BBO# 180130 RUDOLPH FRIEDMANN LLP 92 State Street Boston, MA 02109 Tel: (617) 723-7700 scullen@rflawyers.com sack(@yflawyers.con ifriedmann@rflaw ers. com CERTIFICATE OF SERVICE Thereby certify that on August 16, 2023, a true and accurate copy of the foregoing document was served by email and first-class mail upon counsel of record as follows: Laurence K. Richmond, Esq. Richmonds & Co., LLC 44 Washington Street, Suite 150 Wellesley Hills, MA 02481 lrichmond@richmondslaw.com /s/ Sean B. Cullen Sean B. Cullen, Esq. (BBO # 663906) Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Exhibit 1 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Sean Cullen a UI TA SERIE IDES OSE EO ENT EE TE OT STO BS IEE From: Sean Cullen Sent: Friday, July 7, 2023 7:43 PM To: Kristin Weberg Cc: Casey Sack Subject: Kamel v. Amelina - Expert Witnesses Good evening, Kristin: We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2) valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft. Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness disclosures. We would also assent to any request to depose our experts. Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the summary judgment motion. Thank you, SEAN B. CULLEN RUDOLPH FRIEDMANN LLP 92 STATE STREET Boston, MA 02109 TE 617-72. O0 Fax: 617-227-0313 Emait: SCL LEN( @RELAWYERS.COM VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Exhibit 2 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Sean Cullen From: Kristin Weberg Sent: Monday, July 10, 2023 9:38 AM To: Sean Cullen Subject: Re: Kamel v. Amelina - Expert Witnesses CAUTION: This email originated from outside RF. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Sean; Please provide me with a little more information. | need to know how many witnesses you are intending to add and the volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for the late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation to these valuations. Please advise. Thank you, Kristin On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote: Good evening, Kristin: We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2) valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft. Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness disclosures. We would also assent to any request to depose our experts. Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the summary judgment motion. Thank you, Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 SEAN B. CULLEN RUDOLPH FRIEDMANN LLP 92 STATE STREET Boston, MA 02109 Tet: 617-723-7700 Fax: 617-227-0313 Email: SCULLEN@RFLAWYERS.COM VisiT THE RUDOLPH FRIEDMANN LLP WEBSITEAT: WWW.RFLAWYERS.COM CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email.SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. ~ Kristin N. Weberg, Esq. Weberg Law LLC Licensed in Massachusetts and New Hampshire Main Office: 4 Pearl Street, Suite 5 Dedham, MA 02026 Tel: (781) 952-0074 Nashua Office: 20 Trafalgar Square, 4th Fl. Nashua, NH 03063 Tel: (781) 952-0074 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 www weberglaw.com Emaii istin@weberglaw.com This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by electronic mail immediately and delete this message from your computer. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Exhibit 3 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Sean Cullen ecco ha a SSR ST TTS SRI SA a ES From: Sean Cullen Sent: Monday, July 10, 2023 11:15 AM To: Kristin Weberg Subject: RE: Kamel v. Amelina - Expert Witnesses Good morning, Kristin: Thank you for the prompt response. We anticipate only two additional witnesses. We do not intend to propound any additional discovery requests upon your client. We intend only to supplement our discovery responses with any reports/findings prepared by our experts. That being said, we will assent to any request you may have to depose our experts. tam happy to set up a call this afternoon or anytime tomorrow if you would like to further discuss. Thank you, SEAN B. CULLEN RUDOLPH FRIEDMANN LLP. 92 STATE STREET BOSTON, MA 02109 617-723-7700 Fax: 617-227-0313 EMalt: N@RFLAWYERS.COMOM VisiT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email.SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. From: Kristin Weberg Sent: Monday, July 10, 2023 9:38 AM To: Sean Cullen Subject: Re: Kamel v. Amelina - Expert Witnesses CAUTION: This email originated from outside RF. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Sean; Please provide me with a little more information. | need to know how many witnesses you are intending to add and the volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for the Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation to these valuations. Please advise. Thank you, Kristin On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote: Good evening, Kristin: We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2) valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft. Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your assent to this request. We will certainly assent to any reciprocal request should you wish to amend your expert witness disclosures. We would also assent to any request to depose our experts. Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the summary judgment motion. Thank you, SEAN B. CULLEN RUDOLPH FRIEDMANN LLP 92 STATE STREET Boston, MA 02109 Tet: 617-723-7700 Fax: 617-227-0313 EMait: SCULL @RELAWYERS.COM CLAWYE VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. - Kristin N. Weberg, Esq. Weberg Law LLC Licensed in Massachusetts and New Hampshire Main Office: 4 Pearl Street, Suite 5 Dedham, MA 02026 Tel: (781) 952-0074 Nashua Office: 20 Trafalgar Square, 4th Fl. Nashua, NH 03063 Tel: (781) 952-0074 www.weberglaw.com Email: kristin@weberglaw.com This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by electronic mail immediately and delete this message from your computer. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Exhibit 4 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Sean Cullen SR a A AES From: Kristin Weberg Sent: Monday, July 10, 2023 2:16 PM To: Sean Cullen Subject: Re: Kamel v. Amelina - Expert Witnesses CAUTION: This email originated from outside RF. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Sean, lam leaving to go out of state tomorrow. | would like to discuss this with my client. Could you wait to file anything until next week? | would be happy to schedule a call for next Wednesday when | am back in town. Thank you, Kristin On Mon, Jul 10, 2023 at 11:15 AM Sean Cullen wrote: Good morning, Kristin: Thank you for the prompt response. We anticipate only two additional witnesses. We do not intend to propound any additional discovery requests upon your client. We intend only to supplement our discovery responses with any reports/findings prepared by our experts. That being said, we will assent to any request you may have to depose our experts. 1am happy to set up a call this afternoon or anytime tomorrow if you would like to further discuss. Thank you, SEAN B. CULLEN RUDOLPH FRIEDMANN LLP 92 STATE STREET Boston, MA 02109 Tet: BELLS: 617-723-7700 Fax: 617-227-0313 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 EMmal: SCULLEN@RELAWYERS.COM VISIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. From: Kristin Weberg Sent: Monday, July 10, 2023 9:38 AM To: Sean Cullen Subject: Re: Kamel v. Amelina - Expert Witnesses CAUTION: This email originated from outside RF. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Sean; Please provide me with a little more information. | need to know how many witnesses you are intending to add and the volume of additional discovery that you plan to serve in relation to those experts. | also need to know the reason for the late disclosure and | need assurance that you do not intend to seek additional discovery from my client in relation to these valuations. Please advise. Thank you, Kristin On Fri, Jul 7, 2023 at 7:43 PM Sean Cullen wrote: Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Good evening, Kristin: We wanted to reach out to you in advance of next month’s summary judgment hearing to discuss the issue of expert witnesses. Our office intends to seek leave of the Court to amend our portion of the joint pre-trial memorandum to add expert witnesses in two categories: (1) valuation of the real estate (53 Dudley Street, Newton, Massachusetts); and (2) valuation of the businesses, including Visage Sculpture LLC and its product line Mesolyft. Given that the trial is not scheduled until May of next year, there is no prejudice to your client. We therefore seek your assent to this request, We will certainly assent to any reciprocal request should you wish to amend your expert witness disclosures. We would also assent to any request to depose our experts. Please let us know by the close of business on Monday, July 10, 2023, whether this is agreeable. Otherwise, our office will prepare and serve a motion in accordance with Rule 9A in hopes of being heard contemporaneous with the summary judgment motion. Thank you, SEAN B. CULLEN RUDOLPH FRIEDMANN LLP 92 STATE STREET Boston, MA 02109 Tel: 617-723-7700 Fax: 617-227-0313 Email: SCULLEN@RFLAWYERS.COM ViSIT THE RUDOLPH FRIEDMANN LLP WEBSITE AT: WWW.RFLAWYERS.COM CHARTER MEMBER OF THE INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS WWW.PRIMERUS.COM This email, and any attachments to this email, are confidential and/or privileged, and may contain information that is protected from disclosure under G.L. c. 93H and other applicable law. It is to be used by the intended recipient only, 3 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 and only in compliance with all applicable laws and regulations. The use, retention, dissemination, distribution or copying of the information contained in this email by anyone other than the intended recipient of this email is strictly prohibited. If you are not the intended recipient of this email, please notify the sender immediately and promptly destroy any record of this email. SIGNATURE DISCLAIMER: UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS EMAIL (1) DOES NOT INCLUDE AN ELECTRONIC SIGNATURE; (2) SHALL NOT BE DEEMED TO BE AN ELECTRONIC SIGNATURE FOR ANY PURPOSE; (3) SHALL NOT BE DEEMED TO CREATE A BINDING CONTRACT; AND (4) SHALL NOT CONSTITUTE AN OFFER OR ACCEPTANCE. - Kristin N. Weberg, Esq. Weberg Law LLC Licensed in Massachusetts and New Hampshire Main Office: 4 Pearl Street, Suite 5 Dedham, MA 02026 Tel: (781) 952-0074 Nashua Office: 20 Trafalgar Square, 4th Fl. Nashua, NH 03063 Tel: (781) 952-0074 www.weberglaw.com WWW.WEeDE Email: kristin@weberglaw.com v.COM Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by electronic mail immediately and delete this message from your computer. Kristin N. Weberg, Esq. Weberg Law LLC Licensed in Massachusetts and New Hampshire Main Office: 4 Pearl Street, Suite 5 Dedham, MA 02026 Tel: (781) 952-0074 Nashua Office: 20 Trafalgar Square, 4th FI. Nashua, NH 03063 Tel: (781) 952-0074 www.weberglaw.com Email: kristin@weberglaw.com This electronic message transmission contains information from the law office of Kristin Weberg and may be confidential or privileged. The above information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this message in error, please notify me by telephone (781) 952-0074) or by electronic mail immediately and delete this message from your computer. Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 Exhibit 5 Date Filed 8/16/2023 9:18 AM Superior Court - Middlesex Docket Number 2181CV00761 f Pearl Street. Suite 5 Dedham. MA 02026 WEBERG LAW Phone: (781) 952-0074 ww wweberglaw.cont kristin@ weberglay.cont VIA EMAIL Jonathon Friedmann, Esq. Casey Sack. Esq. Sean Cullen, £ q. Rudolph Friedmann, LLP 92 State Street Boston, MA 02109 July 21, 2023 Re; Peter Kamel v. Maria Amelina, a/k/a ? isha Amelina, a‘k/a Maria Banar, Middlesex Superior Court, Civil Action No.; 2181CV761 Dear Attorneys Friedmann, Sack, and Cullen: After thorough review and consideration of the Plaintiff's Opposition papers served in response to the Defendant’s Motion for Summary Judgment, the Defendant hereby withdraws her motion for summary judgment, pursuant to Sup. CLR. 9A. Sincerely, /s/ Kristin N. Weberg Kristin N. Weberg KNW/bk Encl.