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COMMONWEALTH OF MASSACHUSETTS
NANTUCKET. SS. SUPERIOR COURT DEPARTMENT
NANTUCKET DIVISION
DOCKET NO. 2175CV00013
JOHN A. ARENA ) FILED
Vv
APR 17 20244
GREGORY HUGHES NANTUCKET SUPERIOR
COURT CLERK
DEFENDANT'S MOTION IN LIMINE TO
ALLOW EVIDENCE OF THE DEFENDANT'S RELATIONSHIP WITH AND DISLIKE
OF
PLAINTIFF
THE
NOW COMES, the Defendant through undersigned counsel and respectfully moves this
Honorable Court for an Order permitting the Defendant at trial to offer testimonial evidence of
his (the Defendant’s) relationship with, and dislike of the Plaintiff.
Specifically, the Defendant seeks to introduce testimonial evidence that prior to the June
20, 2021 assault, the Plaintiff and Defendant did not have a good interpersonal relationship,
based on the fact that the Defendant was firmly of the belief that the Plaintiff
had plied the
Defendant’s twenty (20) year old underage daughter Meghan Hughes with alcohol on several
occasions, after which the Plaintiff, twenty-nine (29) years her senior, had sexual relations with
her. The Plaintiff then shared the details of his sexual encounters with Meghan Hughes, with
various individuals in the Nantucket community.
Counsel respectfully submits that the jury in order to fully understand the circumstances
surrounding the assault which occurred on Father’s Day June 20, 2021, should be permitted to
know the reasons why the Defendant strongly disliked the Plaintiff, and in a spontaneous act,
pushed the Plaintiff in order to get past him to use the restaurants men’s room.
The Court’s attention is respectfully directed to the factual and legal memorandum in
support of the instant motion.
WHEREFORE, the Defendant through counsel respectfully moves this Honorable Court
for an order allowing evidence of the Defendant’s relationship with the Plaintiff, and the reasons
why the Defendant disliked the Plaintiff.
Respectfully submitted,
GREGORY HUGHES
By his Attomey,
Zo Mh Vrdog
é£Michael Merberg, Esqtre—~
.B.O. No, 343020
One McKinley Square, 3" Floor
Boston, MA 02109
Tel. (617) 723-1990
Ibrb127@aol.com
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, SS. SUPERIOR COURT DEPARTMENT
NANTUCKET DIVISION
DOCKET NO. 2175CV00013
JOHN A. ARENA
Vv.
GREGORY HUGHES
ND NT’ CUAL AND AL MEMO RA DUM PPOR
MO ONIN MIN OW VID NCE NDAN
ES ON HP WITH AND cK OF ALIN
I INTRODUCTION
It is respectfully submitted that the instant factual and legal memorandum is submitted in
support of the Defendant’s Motion in Limine to seeking leave to offer evidence of the
relationship between the Plaintiff and the Defendant.
Il. FACTS
The Plaintiff and the Defendant, prior to the June 20, 2021 assault, did not enjoy a good
interpersonal relationship. The reason the relationship was less than cordial was because
Defendant’s daughter (DOB: 03/31/1995) at the age of twenty (20) had several interactions with
the Plaintiff (DOB: 6/16/1966), a person twenty-nine (29) years her senior. In the summer of
2015, on several occasions, the Plaintiff supplied the Defendant’s daughter, Meghan Hughes, (a
twenty(20) year old underage individual) with alcohol at several local Nantucket restaurants,
after which the Plaintiff and the Defendant’s daughter had sexual relations.
The circumstances surrounding the “relationship” between the Plaintiff and the
Defendant’s daughter Meghan Hughes lasted only a short period of time, however, the Plaintiff
chose to publish to various members in the Nantucket community the fact that he had a sexual
relationship with Meghan Hughes.
The Defendant was extremely upset with the Plaintiff concerning his interaction with his
twenty (20) year old daughter Meghan Hughes, and his level of angst was exasberated by the
Plaintiff informing various individuals in the Nantucket community about the details of his
“sexual relationship” with Meghan Hughes.
Shortly after the assault, on the same night as noted in the Nantucket Police Incident
Report, the Defendant reportedly asserted that the Plaintiff had “raped his daughter in the past”.
(The Plaintiff in his civil complaint attached as Exhibit A, the complete Nantucket Incident
Report surrounding the events of June 20, 2021, which included the above referenced statements,
thereby making it an issue in the instant case).
On the evening of the assault, the Plaintiff was taken for treatment to the Nantucket
Cottage Hospital Emergency room. While at the Nantucket Cottage Hospital, the Plaintiff texted
Meghan Hughes, a young woman with whom he had no recent contact, and stated “your dad is
the biggest loser of all time”.
The evidence, if permitted, will show that the short term “relationship” between the
Plaintiff and the Defendant’s daughter Meghan Hughes ,subjected her (Meghan Hughes) to
ridicule among her family members, friends, and co-workers on Nantucket, and caused her to
suffer from severe depression.
At the time of the assault on June 20, 2021 (Father’s Day} Meghan Hughes was still
battling depression, a situation which weighed heavily on the Defendant, who strongly believed
his daughter’s problems were caused in part by the Plaintiff’s conduct. Meghan Hughes passed
away at the age of twenty-six (26) on January 22, 2022, from what appears to have been her
depression fueled ingestion of alcohol and prescription drugs.
Tl. ARGUMENT
The June 20, 2021 assault oceurred on Father’s Day. The Defendant was upset that his
daughter’s brief interaction with the Plaintiff subjected her to ridicule from her two (2) younger
siblings, friends, co-workers, and others in the Nantucket community, causing her to suffer bouts
of severe depression.
Counsel does not suggest that it is a defense to the Plaintiff's Complaint charging assault
and battery, however, the interaction between the Plaintiff and Defendant on the night of June
20, 2021, should be allowed in evidence in order to put into context for the jury, what prompted
the Defendant to pass by and spontaneously push the Plaintiff off his stool, as the Defendant
travelled from his seat in the bar to the restaurants men’s room, and it is relevant on Count III of
the Plaintiff's Complaint, alleging the intention infliction of emotional distress.
WHEREFORE, the Defendant through counsel respectfully moves this Honorable Court
for an order allowing evidence of the Defendant’s relationship with, and dislike of the Plaintiff.
Respectfully submitted,
GREGORY HUGHES
By his Attomey,
sco Micpoel
os ami es Michael Merberg, Esquire
.B.O. No. 343020
One McKinley Square, 34 Floor
Boston, MA 02109
Tel. (617) 723-1990
Jbrbi27@aol.com
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COMMONWEALTH OF MASSACHUSETTS NANTUCKET. SS. SUPERIOR COURT DEPARTMENT NANTUCKET DIVISION DOCKET NO. 2175CV00013 JOHN A. ARENA ) FILED Vv APR 17 20244 GREGORY HUGHES NANTUCKET SUPERIOR COURT CLERK DEFENDANT'S MOTION IN LIMINE TO ALLOW EVIDENCE OF THE DEFENDANT'S RELATIONSHIP WITH AND DISLIKE OF PLAINTIFF THE NOW COMES, the Defendant through undersigned counsel and respectfully moves this Honorable Court for an Order permitting the Defendant at trial to offer testimonial evidence of his (the Defendant’s) relationship with, and dislike of the Plaintiff. Specifically, the Defendant seeks to introduce testimonial evidence that prior to the June 20, 2021 assault, the Plaintiff and Defendant did not have a good interpersonal relationship, based on the fact that the Defendant was firmly of the belief that the Plaintiff had plied the Defendant’s twenty (20) year old underage daughter Meghan Hughes with alcohol on several occasions, after which the Plaintiff, twenty-nine (29) years her senior, had sexual relations with her. The Plaintiff then shared the details of his sexual encounters with Meghan Hughes, with various individuals in the Nantucket community. Counsel respectfully submits that the jury in order to fully understand the circumstances surrounding the assault which occurred on Father’s Day June 20, 2021, should be permitted to know the reasons why the Defendant strongly disliked the Plaintiff, and in a spontaneous act, pushed the Plaintiff in order to get past him to use the restaurants men’s room. The Court’s attention is respectfully directed to the factual and legal memorandum in support of the instant motion. WHEREFORE, the Defendant through counsel respectfully moves this Honorable Court for an order allowing evidence of the Defendant’s relationship with the Plaintiff, and the reasons why the Defendant disliked the Plaintiff. Respectfully submitted, GREGORY HUGHES By his Attomey, Zo Mh Vrdog é£Michael Merberg, Esqtre—~ .B.O. No, 343020 One McKinley Square, 3" Floor Boston, MA 02109 Tel. (617) 723-1990 Ibrb127@aol.com COMMONWEALTH OF MASSACHUSETTS NANTUCKET, SS. SUPERIOR COURT DEPARTMENT NANTUCKET DIVISION DOCKET NO. 2175CV00013 JOHN A. ARENA Vv. GREGORY HUGHES ND NT’ CUAL AND AL MEMO RA DUM PPOR MO ONIN MIN OW VID NCE NDAN ES ON HP WITH AND cK OF ALIN I INTRODUCTION It is respectfully submitted that the instant factual and legal memorandum is submitted in support of the Defendant’s Motion in Limine to seeking leave to offer evidence of the relationship between the Plaintiff and the Defendant. Il. FACTS The Plaintiff and the Defendant, prior to the June 20, 2021 assault, did not enjoy a good interpersonal relationship. The reason the relationship was less than cordial was because Defendant’s daughter (DOB: 03/31/1995) at the age of twenty (20) had several interactions with the Plaintiff (DOB: 6/16/1966), a person twenty-nine (29) years her senior. In the summer of 2015, on several occasions, the Plaintiff supplied the Defendant’s daughter, Meghan Hughes, (a twenty(20) year old underage individual) with alcohol at several local Nantucket restaurants, after which the Plaintiff and the Defendant’s daughter had sexual relations. The circumstances surrounding the “relationship” between the Plaintiff and the Defendant’s daughter Meghan Hughes lasted only a short period of time, however, the Plaintiff chose to publish to various members in the Nantucket community the fact that he had a sexual relationship with Meghan Hughes. The Defendant was extremely upset with the Plaintiff concerning his interaction with his twenty (20) year old daughter Meghan Hughes, and his level of angst was exasberated by the Plaintiff informing various individuals in the Nantucket community about the details of his “sexual relationship” with Meghan Hughes. Shortly after the assault, on the same night as noted in the Nantucket Police Incident Report, the Defendant reportedly asserted that the Plaintiff had “raped his daughter in the past”. (The Plaintiff in his civil complaint attached as Exhibit A, the complete Nantucket Incident Report surrounding the events of June 20, 2021, which included the above referenced statements, thereby making it an issue in the instant case). On the evening of the assault, the Plaintiff was taken for treatment to the Nantucket Cottage Hospital Emergency room. While at the Nantucket Cottage Hospital, the Plaintiff texted Meghan Hughes, a young woman with whom he had no recent contact, and stated “your dad is the biggest loser of all time”. The evidence, if permitted, will show that the short term “relationship” between the Plaintiff and the Defendant’s daughter Meghan Hughes ,subjected her (Meghan Hughes) to ridicule among her family members, friends, and co-workers on Nantucket, and caused her to suffer from severe depression. At the time of the assault on June 20, 2021 (Father’s Day} Meghan Hughes was still battling depression, a situation which weighed heavily on the Defendant, who strongly believed his daughter’s problems were caused in part by the Plaintiff’s conduct. Meghan Hughes passed away at the age of twenty-six (26) on January 22, 2022, from what appears to have been her depression fueled ingestion of alcohol and prescription drugs. Tl. ARGUMENT The June 20, 2021 assault oceurred on Father’s Day. The Defendant was upset that his daughter’s brief interaction with the Plaintiff subjected her to ridicule from her two (2) younger siblings, friends, co-workers, and others in the Nantucket community, causing her to suffer bouts of severe depression. Counsel does not suggest that it is a defense to the Plaintiff's Complaint charging assault and battery, however, the interaction between the Plaintiff and Defendant on the night of June 20, 2021, should be allowed in evidence in order to put into context for the jury, what prompted the Defendant to pass by and spontaneously push the Plaintiff off his stool, as the Defendant travelled from his seat in the bar to the restaurants men’s room, and it is relevant on Count III of the Plaintiff's Complaint, alleging the intention infliction of emotional distress. WHEREFORE, the Defendant through counsel respectfully moves this Honorable Court for an order allowing evidence of the Defendant’s relationship with, and dislike of the Plaintiff. Respectfully submitted, GREGORY HUGHES By his Attomey, sco Micpoel os ami es Michael Merberg, Esquire .B.O. No. 343020 One McKinley Square, 34 Floor Boston, MA 02109 Tel. (617) 723-1990 Jbrbi27@aol.com