Motion,Ex Parte: Badalato, Richard et al vs. 617 Therapeutic Holding Company et al

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                                Date Filed 2/5/2024 12:48 PM
Superior Court - Suffolk          BC
Docket Number 2384CV02748




                                                COMMONWEALTH          OF MASSACHUSETTS

                   SUFFOLK, SS                                                 SUPERIOR COURT DEPT.
                                                                               DOCKET NO. 2384-CV-02748




                  RICHARD BADOLATO AND
                  SHEILA BADOLATO
                        Plaintiffs.

                  Vv.


                  617 THERAPEUTIC HOLDING COMPANY
                   LLC, 617 THERAPEUTIC HEALTH CARE,
                  INC., 617 MANAGING GROUP LLC, 617
                  THERAPEUTIC HEALTH CENTER, INC.,
                  and RICHARD GIN
                         Defendants



                          MOTION        TO DISMISS PURSUANT TO MASSACHUSETTS                   RULE OF CIVIL
                                                      PROCEDURE 12(b)(6)


                               Defendants 617 Therapeutic Holding Company LLC, 617 Therapeutic Health Care, Inc.,

                  617 Managing Group LLC, 617 Therapeutic Health Center, Inc., and Richard Gin respectfully

                  submit this Motion to Dismiss Plaintiffs’ Complaint for failing to state a claim pursuant to Mass.

                  R. Civ. P. 12(b)(6). Plaintiffs have not alleged any existing fiduciary relationship between the

                  parties, an essential element of their sole cause of action for an accounting. Furthermore,

                  Plaintiffs fail to point to any language in the January 2023 Promissory Note that would obligate

                  Defendants to provide such an accounting.

                               For the foregoing reasons and for the reasons set forth in the supporting Memorandum of

                  Law submitted herewith, Defendants respectfully request that the Complaint be dismissed with

                  prejudice.
Date Filed 2/5/2024 12:48 PM
Superior Court - Suffolk
Docket Number 2384CV02748




                               Respectfully submitted,

                               Defendants,
                               By their Attorney,



                               i

                               Chase Liu (BBO No. 676784)
                               ArkSwan Legal, PLLC
                               101 Federal Street, Ste. 1900
                               Boston, MA 02110
                               617-500-2981
                               chase@arkswan.legal

                               January 8, 2024
Date Filed 2/5/2024 12:48 PM
Superior Court - Suffolk
Docket Number 2384CV02748




                                             SUPERIOR COURT RULE 9C CERTIFICATION


                               1, Chase Liu, counsel for Defendants, hereby certify that | have made a good faith effort

                  to contact and confer with all parties regarding the subject of this motion prior to its filing.

                  However, no conference occurred despite my reasonable good faith efforts. In particular, on

                  January 3, 2024, I conferred via email with counsel for Plaintiffs, Roberto Di Marco (BBO No.

                  645157) and Jennifer Foster (BBO No. 644796) about the subject of this instant matter and

                  received no response.



                                                                         4}
                                                                              peti




                                                                     Chase Liu (BBO No. 676784)
                                                                     ArkSwan Legal, PLLC
                                                                     101 Federal Street, Ste. 1900
                                                                     Boston, MA 02110
                                                                     617-500-2981
                                                                     chase@arkswan.legal

                                                                     January 8, 2023
Date Filed 2/5/2024 12:48 PM
Superior Court - Suffolk
Docket Number 2384CV02748




                                                       CERTIFICATE OF SERVICE

                       I, Chase Liu, hereby certify that on January 8, 2024, true copies of the above Motion to

                  Dismiss Pursuant to Massachusetts Rule of Civil Procedure 12(b)(6) were separately served by

                  certified mail upon:

                        1      Attorney Roberto Di Marco (BBO No. 645157), at Foster, Walker and Di Marco, P.C.,

                               350 Main Street, Third Floor, Malden, MA, 02148;

                               Attorney Jennifer Foster (BBO No. 644796) at Foster, Walker and Di Marco, P.C., 350

                               Main Street, Third Floor, Malden, MA, 02148.




                                                                    Vite       i



                                                                   Chase Liu (BBO No. 676784)
                                                                   ArkSwan Legal, PLLC
                                                                   101 Federal Street, Ste. 1900
                                                                   Boston, MA 02110
                                                                   617-500-2981
                                                                   chase@arkswan.legal

                                                                   January 8, 2024