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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss WORCESTER SUPERIOR COURT
DOCKET NO.: a ANVSS3RG
BRENDA KASPER
Plaintiff,
FILED
Vv.
FLEXIBLE FUNDAMENTALS, INC.,
JENNIFER MCGEE, AND
MIRICK, O’CONNELL, DEMALLIE &
MAY 14 2024
LOUGEE, LLP,
wer Ae Hy, CLERK
Defendants,
PRAGMATIC MINDS, LLC AND
MCGEE & MCGRATH, LLC,
Reach and Apply Defendants.
PLAINTIFF’S MOTION FOR REAL ESTATE ATTACHMENT
NOW COMES, Plaintiff, Brenda Kasper, and hereby requests that this Honorable
Court grant Plaintiff leave to attach real estate in Worcester County, specifically including 12
Jepherson Drive, Douglas, Massachusetts, in the name of Jennifer McGee (and Michael
McGee as tenants in the entirety) to the value of $150,000.00; and 216 Church Street,
Northbridge, Massachusetts (a/k/a 214 Church Street, Whitinsville, Massachusetts) in the
name of Reach and Apply Defendant McGee & McGrath, LLC to the value of $150,000.00.
See Affidavit of Brenda Kasper submitted herewith. In short, Defendant Jennifer McGee
(hereinafter “McGee”) has breached a contract to be the guarantor of Co-Defendant Flexible
Fundamentals, Inc.’s (hereinafter “FlexFun”) debt under a Promissory Note owed to Plaintiff.
On information and belief, McGee is owner of certain real estate held in the name of McGee
& McGrath, LLC. As FlexFun has failed to make payments as agreed and McGee, as
guarantor, has also failed to make payments pursuant to her obligation under her Guaranty
agreement, an attachment is warranted because of the likelihood of success on the merits and
because, if no security is granted now, the ability to collect the expected judgment will likely
be compromised even further, or lost.
Substantively, a real estate attachment is also warranted for good and reasonable cause
and because there is no known insurance. In further support of this request, Plaintiff also
relies upon facts as set forth in Plaintiff's Complaint which was filed with this Motion.
FACTS
Brenda Kasper, Flexible Fundamentals, Inc., and Jennifer McGee were involved in
several separate litigation matters. Ultimately, Ms. Kasper, FlexFun, and McGee entered into
a Settlement Agreement whereby, in part, FlexFun executed a Note and agreed to pay Ms.
Kasper’s legal fees. McGee agreed to a Guaranty of that debt. However, Defendants have
been in default since at least September 2023. Therefore, Ms. Kasper brings this action to
recover payments under the terms of Settlement Agreement, Promissory Note, and Guaranty.
Under the terms of terms of the Promissory Note and the Guaranty, Ms. Kasper is also
entitled to the cost of enforcement of the Note and Guaranty, and collection costs related
thereto. A demand has previously been made on FlexFun through their counsel for non-
payment of the debt. See notice of default dated September 19, 2023, marked Exhibit 1.
Neither FlexFun nor McGee have fulfilled their obligations under the Promissory Note or the
Guaranty. FlexFun has not paid its obligation under the Settlement Agreement and Note.
McGee has failed to pay the sum certain due as the Guarantor of FlexFun. As a result, Ms.
Kasper has suffered damages due to the failure of FlexFun and McGee to pay the sum certain
outstanding.
CONCLUSION
This case is about the failure of one party, and then the failure of its guarantor, to
fulfill the contractual obligations agreed to in writing with Plaintiff, Ms. Kasper, to directly
pay for the cost of legal services Ms. Kasper incurred. FlexFun is the primary obligor for the
sum certain, on information and belief, owns no real estate which could be subject to
attachment. Therefore, McGee, who holds an interest in real estate, can be held liable as the
guarantor under a written Guaranty. Thus, the attachment to McGee’s real estate is both
justified and necessary to prevent Defendant McGee from transferring, selling, or otherwise
encumbering her property. Without security, Plaintiff's anticipated judgment is in jeopardy of
being collectable. In support, Plaintiff submits Affidavit of Brenda Kasper.
WHEREFORE, Plaintiff hereby requests this Honorable Court order Attachment in
the amount of $150,000.00 on Defendant Jennifer McGee’s and Reach and Appy Defendant
McGee & McGrath, LLC’s real property located within Worcester County.
Dated: May 14, 2024 Respectfully submitted,
Plaintiff, BRENDA KASPER
By herA mney,
Avett, Sittrich, BBO #551440
Phillips, Silver, Talman, Aframe & Sinrich, P.C.
146 Main Street, 5" Floor
Worcester, MA 01608
Tel (508) 754-6852
Email: Sinrich@pstas.com
EXHIBIT 1
PHILLIPS, SILVER, TALMAN, AFRAME & SINRICH, P.C.
JAY Z. AFRAME LAW OFFICES: JAMES J. PHILLIPS
SCOTT S. SINRICH 146 MAIN STREET, 5TH FLOOR v9242011
WORCESTER, MASSACHUSETTS 01608-1137 SUMNER SILVER
TELEPHONE (508) 754-6852 y021-2017
FACSIMILE (S08) 754-1944.
DAVID A. TALMAN
Writer’s Email: sinrich@pstas.com RETIRED
September 19, 2023
VIA EMAIL ONLY:
teonte@mirickoconnell.com
jhoban@mirickoconnell.com
amansfield@mirickoconnell.com
Thomas J. Conte, Esq.
James P. Hoban, Esq.
Alexandra N. Mansfield, Esq.
Mirick, O’Connell, DeMallie & Lougee, LLP
100 Front Street
Worcester, MA 01608-1477
Re: Notice of Default by Flexible Fundamentals, Inc. to Jennifer McGee
(“Guarantor”) on a certain Promissory Note, dated December 1, 2021 (the
“Note”) from Flexible Fundamentals, Inc. (“Maker/Debtor”) with Guaranty
in favor of Brenda Kasper (“Holder/Creditor”) in the original principal
amount of $75,000 with interest thereon
Dear Counsel,
As you know, Flexible Fundamentals, Inc. (“FlexFun”) is in default under the Note dated
December 1, 2021. Payment is over thirty (30) days late. A notice of default was emailed to
Attorney Conte on August 17, 2023. Furthermore, under the Note and Guaranty, my client is
also entitled to cost of enforcement including collection costs.
Pursuant to the settlement agreement, demand is made pursuant to Paragraph 1(d) to
inspect the books and records of FlexFun. We ask that the 2022 and first two quarters of 2023 be
made available forthwith including the general ledger, all bank statements, and payroll records. I
ask that these records be delivered to me by September 30, 2023.
Notwithstanding, and as an offer of compromise, my client will agree to a forbearance of
payments until January 1, 2024 provided her outstanding legal fees and costs are paid within two
weeks of this letter. Enclosed, please find invoice for the fees through September 15, 2023,
along with a balance on my prior invoices.
I await your response.
trul i ours,
S$ . Sinri¢h
SSS/sr
Enclosure.
ec: Client
Phillips, Silver, Talman, Aframe & Sinrich, PC
146 Main Street, 5th Floor
Worcester, MA 01608
September 19, 2023
Brenda Kasper
PO Box 106
Uxbridge, MA 01569
In Reference To: Note/Guaranty
Invoice #46229
Professional Services
Amount
Note/Guaranty
8/15/2023 BM Review discovery; draft a Notice of Default to Flexible
Fundamentals c/o TJ Conte at Mirick O'Connell; Draft a Notice of
Default to Guarantor Jennifer McGee c/o/ TJ Conte at Mirick
O'Connell; conference with SSS.
8/16/2023 BM Draft Demand on Guarantor Jennifer McGee; email to opposing
counsel with copy of unsent letter from SSS; Finalize draft;
conference with Scott.
8/17/2023 BM Review with Scott; email notice to TJ Conte per SSS request; set
up call with TJ Conte.
9/18/2023 SSS _ Review Note, Guaranty; conference with Paralegal.
SUBTOTAL: [ $1,003.75]
For professional services rendered $1,003.75
Phillips, Silver, Talman, Aframe & Sinrich, PC
146 Main Street, 5th Floor
Worcester, MA 01608
September 19, 2023
Flexible Fundamentals, Inc.
c/o George Hardiman, Esq
Law Offices of George Hardiman
15 Foster Street
Quincy, MA 02169
In Reference To: Suffolk Superior Court, Civil Action No.
2184CV00126-BLS2
Invoice #46230
Professional Services
Amount
Blue Cross Blue Shield vs.
1/19/2023 sss Email client re: depo and potential grand jury indictment, calls
with Brenda and TJ.
2/10/2023 MB Emailed Notice to Client.
4/10/2023 SR Finalize Final Req for Answers to INTs; finalize cover letter.
4112/2023 MB Edited Final Request for Answers to INTs to McGrath; edited
letter to Tocci encl Final Request for Answers to INTs and 9C
Conf, finalized them; emailed to all opposing counsel; forwarded
to client
sss Call with John Tocci; Brenda (possible settlement)
4/13/2023 MB Emailed client.
4/26/2023 SR Review file re: overdue discovery; review with SSS; draft motion
to compel; draft 9A coverletter; revise motion; finalize and serve
motion to compel; email client.
Flexible Fundamentals, Inc. Page 2
Amount
4/27/2023 MB
sss
Working Binder - SJ Mtn - 5.2.23
Draft Motion for Protective Order; draft cover letter; finalize
motion; email client.
4/28/2023 SLH Discussion with SSS; draft letter objecting to deposition.
5/2/2023 sss Hearing.
6/15/2023 SR Draft 9A package; efile 9A motions to compel and for protective
order.
6/1/2023 sss Email to client.
7/3/2023 sss Review attachments; draft Motion to Dismiss.
71512023 sss Prepare for Hearing.
71712023 MB Working Binder - 7.10.23; drafted Application and Aff for
Dismissal (Rule 33); edit Kasper's Mtn for Dismissal of All Claims;
finalized it; E-FILED; served on Opp Counsel; copy email to client.
7/10/2023 MB Help SSS with Hearing Prep: looked for and printed pleadings;
printed docket sheet; printed emails about Kasper's deposition
exchanged with Tocci; drafted letter to Clerk encl Final Request
for Answers to INTs; finalized letter; E-FILED; emailed to clerk.
sss Prepare for hearing; review history of discovery.
sss Hearing in Boston on Motion to Compel.
7/17/2023 SR Email Conte re: producing FlexFun settlement to Tocci.
7/25/2023 sss Call with Jim Hoban.
sss Contact with Tocci.
8/8/2023 sss Follow up with Conte re: producing settlement agreement.
8/14/2023 sss Negotiate settlement; email to Conte and client about settlement
agreement.
sss Emails with Tocci and Conte.
8/18/2023 sss Follow up with Conte.
8/21/2023 sss Call TJ Conte.
8/22/2023 sss Call Tocci; emai! Conte.
8/24/2023 SSS Edit settlement.
SR Draft letter to Paget enc! settlement agreements; convert letter to
email to Paget re: Settlement agreements; follow up with Tocci.
8/28/2023 sss Revise letter to Paget; email letter and settlement agreements to
Paget; email Tocci.
8/31/2023 sss Follow up with Tocci; reply to Tocci's email.
9/13/2023 sss Follow up with Tocci re: dismissing Brenda.
SUBTOTAL: [ $8,214.00]
Flexible Fundamentals, Inc. Page 3
Amount
For professional services rendered $8,214.00
Interest on overdue balance $83.81
Total amount of this bill $8,297.81
Previous balance $6,495.21
Balance due $14,793.02
Phillips, Silver, Talman, Aframe & Sinrich, PC
146 Main Street, 5th Floor
Worcester, MA 01608
September 19, 2023
Flexible Fundamentals, inc.
c/o George Hardiman, Esq.
15 Foster Street
Quincy, MA 02169
In Reference To: Worcester Superior Court Docket No.: 2185CV01037C
Invoice #46231
Professional Services
Amount
Social Perspectives vs. Brenda Kaspe!
1/10/2023 SSS_ Follow-up on status of Hearing.
1/13/2023 SR Follow-up with Conte re: hearing.
1/23/2023 SR Email Paget re: new depo dates and extension on admissions;
email client.
MB Drafted Brenda Kasper's Response to Defendant's Admissions;
emailed client.; call client.
SSS Go over Brenda Kasper's Responses to Defendants’
Admissions; edits.
1/24/2023 SR Email Paget to confirm extension.
1/26/2023 sss Call to client; edits to Kasper Responses to Admissions.
MB Edited Kasper Responses to Admissions; emailed red lined
version to client.
1 27/2023 MB Drafted Kasper INTs to FlexFun and McGee.
Flexible Fundamentals, Inc. Page 2
Amount
1/30/2023 MB Read through Motions to Compel (#73 and #74) to make sure
Kasper is not involved.
1/31/2023 sss Call with Jim Hoban.
2/1/2023 MB Email to client re: follow-up on her answers to Admissions.
2/2/2023 sss Further edits to Brenda Kasper's Response to Defendant's
Admissions; drafted letter to Paget encl Kasper's Responses to
RFA.
sss Review and forward AG's grand jury subpoena to BCBS to
client.
2/7/2023 SR Email client; draft response to counsel re: depo dates; email
Conte.
2/9/2023 sss Follow up with Conte.
2/10/2023 SR Email Paget re; client depo.
3/5/2023 MB Drafted letter to Opp Counsel re: Kasper Depo Potential
Conflict; finalized letter; emailed to all attorneys; forwarded
copy to client; drafted letter to Paget encl 1st INTs to FlexFun
and McGee; finalized letter and INTs; emailed out to Paget and
other attorneys; copy forwarded to client; email to client; email
to Paget.
SSS Work on discovery.
3/6/2023 MB Emails to/from Opp Counsel re: Kasper's Depo.
3/8/2023 Sss Email client re: availability for deposition.
3/10/2023 sss Email from/to Opp Counsel re: Kasper's Depo.
3/14/2023 MB Email to Opp Counsels re Kasper's Depo; discuss with SSS.
sss Instructions to paralegal.
4/6/2023 MB Email from/to Opp Counsel; forwarded to client.
Sss Hearing to compel.
SR Email court and counsel.
41712023 MB Emails from/to client; emails tolffom opp cousel re Kasper's
Depo.
4/10/2023 MB Email from Opp Counsel; forwarded to client.
SR Finalize Final Request; draft cover letter.
4/13/2023 MB Forwarded email to client.
4/20/2023 MB Email to Atty Hoban.
MB Looked into extension request from Hoban.
4/24/2023 sss Call Margaret Paget.
4/25/2023 MB Email to Suzette on Mirick O'Connell.
Flexible Fundamentals, Inc. Page 3
Amount
4125/2023 SR Draft email to Paget; revise and send email to Paget re: client
depo.
Sss Calls with client; calls with counsel re: Client depo.
4126/2023 SSS Emails from/to Paget re: Kasper's depo.
SR Review file re: overdue discovery; review with SSS; revise
cover letter to Paget; serve 33(a); forward to client.
sss Meet with paralegal on discovery.
4/27/2023 SR Review Paget email; review file and emails; respond to Paget
email.
sss Review McGrath INT responses; draft reply to Paget.
4128/2023 BM Instructions from Scott to review with him week of 5/1 re: draft
of motion to compel INTs responses.
sss 9C Conference with Paget.
SR Call with client; re-send documents.
5/1/2023 Sss Email to client.
5/2/2023 MB Email to client.
5/3/2023 Sss Email to client.
5/9/2023 BM Instructions from SSS, review what email re motions not
conforming to rule 9A about; research on Masscourts.org and
our files and determine other counsel was in error.
6/15/2023 Sss Hearing.
6/22/2023 sss Many emails forwarded to client.
SSS Review Hoban's response to 30(b)(6) subponea; email client.
7/3/2023 MB Emails to Client (19 attachments).
sss Review McGrath's Opposition to Motion for Partial Summary
Judgment.
7/5/2023 MB Work on prep for Hearing.
7/16/2023 sss Court Appearance.
7112/2023 sss Emails to client attaching Clerk's Notices and Depo Notices.
712412023 SSS Call with TJ; call with client.
7/26/2023 sss Follow-up with Margaret Paget and Jim Hoban; emails.
9/1/2023 SR Review file re: outstanding INTS from FlexFun and McGee;
discuss with SSS.
Sss Text TJ Conte.
9/5/2023 SR Email Conte/Hoban RE postponing client depo; email Suzette
McCann RE responses to interrogatories; reply to McCann's
email seeking extension.
Flexible Fundamentals, Inc. Page 4
Amount
9/5/2023 SSS Call with Jim Hoban.
9/12/2023 SR Create working binder for depo.
AM Discussions with SR; emailed client to review deposition
exhibits.
9/13/2023 SR Review file; depo prep; depo memo for SSS.
sss Prep for Brenda's depo.
AM Emails with client.
9/14/2023 sss Call with Brenda to prep.
9/15/2023 sss Review records; deposition of client.
SUBTOTAL: [ $11,080.25]
For professional services rendered $11,080.25
Interest on overdue balance $56.38
Total amount of this bill $11,136.63
Previous balance $4,419.75
Balance due $15,556.38
See
Preview
COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss WORCESTER SUPERIOR COURT DOCKET NO.: a ANVSS3RG BRENDA KASPER Plaintiff, FILED Vv. FLEXIBLE FUNDAMENTALS, INC., JENNIFER MCGEE, AND MIRICK, O’CONNELL, DEMALLIE & MAY 14 2024 LOUGEE, LLP, wer Ae Hy, CLERK Defendants, PRAGMATIC MINDS, LLC AND MCGEE & MCGRATH, LLC, Reach and Apply Defendants. PLAINTIFF’S MOTION FOR REAL ESTATE ATTACHMENT NOW COMES, Plaintiff, Brenda Kasper, and hereby requests that this Honorable Court grant Plaintiff leave to attach real estate in Worcester County, specifically including 12 Jepherson Drive, Douglas, Massachusetts, in the name of Jennifer McGee (and Michael McGee as tenants in the entirety) to the value of $150,000.00; and 216 Church Street, Northbridge, Massachusetts (a/k/a 214 Church Street, Whitinsville, Massachusetts) in the name of Reach and Apply Defendant McGee & McGrath, LLC to the value of $150,000.00. See Affidavit of Brenda Kasper submitted herewith. In short, Defendant Jennifer McGee (hereinafter “McGee”) has breached a contract to be the guarantor of Co-Defendant Flexible Fundamentals, Inc.’s (hereinafter “FlexFun”) debt under a Promissory Note owed to Plaintiff. On information and belief, McGee is owner of certain real estate held in the name of McGee & McGrath, LLC. As FlexFun has failed to make payments as agreed and McGee, as guarantor, has also failed to make payments pursuant to her obligation under her Guaranty agreement, an attachment is warranted because of the likelihood of success on the merits and because, if no security is granted now, the ability to collect the expected judgment will likely be compromised even further, or lost. Substantively, a real estate attachment is also warranted for good and reasonable cause and because there is no known insurance. In further support of this request, Plaintiff also relies upon facts as set forth in Plaintiff's Complaint which was filed with this Motion. FACTS Brenda Kasper, Flexible Fundamentals, Inc., and Jennifer McGee were involved in several separate litigation matters. Ultimately, Ms. Kasper, FlexFun, and McGee entered into a Settlement Agreement whereby, in part, FlexFun executed a Note and agreed to pay Ms. Kasper’s legal fees. McGee agreed to a Guaranty of that debt. However, Defendants have been in default since at least September 2023. Therefore, Ms. Kasper brings this action to recover payments under the terms of Settlement Agreement, Promissory Note, and Guaranty. Under the terms of terms of the Promissory Note and the Guaranty, Ms. Kasper is also entitled to the cost of enforcement of the Note and Guaranty, and collection costs related thereto. A demand has previously been made on FlexFun through their counsel for non- payment of the debt. See notice of default dated September 19, 2023, marked Exhibit 1. Neither FlexFun nor McGee have fulfilled their obligations under the Promissory Note or the Guaranty. FlexFun has not paid its obligation under the Settlement Agreement and Note. McGee has failed to pay the sum certain due as the Guarantor of FlexFun. As a result, Ms. Kasper has suffered damages due to the failure of FlexFun and McGee to pay the sum certain outstanding. CONCLUSION This case is about the failure of one party, and then the failure of its guarantor, to fulfill the contractual obligations agreed to in writing with Plaintiff, Ms. Kasper, to directly pay for the cost of legal services Ms. Kasper incurred. FlexFun is the primary obligor for the sum certain, on information and belief, owns no real estate which could be subject to attachment. Therefore, McGee, who holds an interest in real estate, can be held liable as the guarantor under a written Guaranty. Thus, the attachment to McGee’s real estate is both justified and necessary to prevent Defendant McGee from transferring, selling, or otherwise encumbering her property. Without security, Plaintiff's anticipated judgment is in jeopardy of being collectable. In support, Plaintiff submits Affidavit of Brenda Kasper. WHEREFORE, Plaintiff hereby requests this Honorable Court order Attachment in the amount of $150,000.00 on Defendant Jennifer McGee’s and Reach and Appy Defendant McGee & McGrath, LLC’s real property located within Worcester County. Dated: May 14, 2024 Respectfully submitted, Plaintiff, BRENDA KASPER By herA mney, Avett, Sittrich, BBO #551440 Phillips, Silver, Talman, Aframe & Sinrich, P.C. 146 Main Street, 5" Floor Worcester, MA 01608 Tel (508) 754-6852 Email: Sinrich@pstas.com EXHIBIT 1 PHILLIPS, SILVER, TALMAN, AFRAME & SINRICH, P.C. JAY Z. AFRAME LAW OFFICES: JAMES J. PHILLIPS SCOTT S. SINRICH 146 MAIN STREET, 5TH FLOOR v9242011 WORCESTER, MASSACHUSETTS 01608-1137 SUMNER SILVER TELEPHONE (508) 754-6852 y021-2017 FACSIMILE (S08) 754-1944. DAVID A. TALMAN Writer’s Email: sinrich@pstas.com RETIRED September 19, 2023 VIA EMAIL ONLY: teonte@mirickoconnell.com jhoban@mirickoconnell.com amansfield@mirickoconnell.com Thomas J. Conte, Esq. James P. Hoban, Esq. Alexandra N. Mansfield, Esq. Mirick, O’Connell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Re: Notice of Default by Flexible Fundamentals, Inc. to Jennifer McGee (“Guarantor”) on a certain Promissory Note, dated December 1, 2021 (the “Note”) from Flexible Fundamentals, Inc. (“Maker/Debtor”) with Guaranty in favor of Brenda Kasper (“Holder/Creditor”) in the original principal amount of $75,000 with interest thereon Dear Counsel, As you know, Flexible Fundamentals, Inc. (“FlexFun”) is in default under the Note dated December 1, 2021. Payment is over thirty (30) days late. A notice of default was emailed to Attorney Conte on August 17, 2023. Furthermore, under the Note and Guaranty, my client is also entitled to cost of enforcement including collection costs. Pursuant to the settlement agreement, demand is made pursuant to Paragraph 1(d) to inspect the books and records of FlexFun. We ask that the 2022 and first two quarters of 2023 be made available forthwith including the general ledger, all bank statements, and payroll records. I ask that these records be delivered to me by September 30, 2023. Notwithstanding, and as an offer of compromise, my client will agree to a forbearance of payments until January 1, 2024 provided her outstanding legal fees and costs are paid within two weeks of this letter. Enclosed, please find invoice for the fees through September 15, 2023, along with a balance on my prior invoices. I await your response. trul i ours, S$ . Sinri¢h SSS/sr Enclosure. ec: Client Phillips, Silver, Talman, Aframe & Sinrich, PC 146 Main Street, 5th Floor Worcester, MA 01608 September 19, 2023 Brenda Kasper PO Box 106 Uxbridge, MA 01569 In Reference To: Note/Guaranty Invoice #46229 Professional Services Amount Note/Guaranty 8/15/2023 BM Review discovery; draft a Notice of Default to Flexible Fundamentals c/o TJ Conte at Mirick O'Connell; Draft a Notice of Default to Guarantor Jennifer McGee c/o/ TJ Conte at Mirick O'Connell; conference with SSS. 8/16/2023 BM Draft Demand on Guarantor Jennifer McGee; email to opposing counsel with copy of unsent letter from SSS; Finalize draft; conference with Scott. 8/17/2023 BM Review with Scott; email notice to TJ Conte per SSS request; set up call with TJ Conte. 9/18/2023 SSS _ Review Note, Guaranty; conference with Paralegal. SUBTOTAL: [ $1,003.75] For professional services rendered $1,003.75 Phillips, Silver, Talman, Aframe & Sinrich, PC 146 Main Street, 5th Floor Worcester, MA 01608 September 19, 2023 Flexible Fundamentals, Inc. c/o George Hardiman, Esq Law Offices of George Hardiman 15 Foster Street Quincy, MA 02169 In Reference To: Suffolk Superior Court, Civil Action No. 2184CV00126-BLS2 Invoice #46230 Professional Services Amount Blue Cross Blue Shield vs. 1/19/2023 sss Email client re: depo and potential grand jury indictment, calls with Brenda and TJ. 2/10/2023 MB Emailed Notice to Client. 4/10/2023 SR Finalize Final Req for Answers to INTs; finalize cover letter. 4112/2023 MB Edited Final Request for Answers to INTs to McGrath; edited letter to Tocci encl Final Request for Answers to INTs and 9C Conf, finalized them; emailed to all opposing counsel; forwarded to client sss Call with John Tocci; Brenda (possible settlement) 4/13/2023 MB Emailed client. 4/26/2023 SR Review file re: overdue discovery; review with SSS; draft motion to compel; draft 9A coverletter; revise motion; finalize and serve motion to compel; email client. Flexible Fundamentals, Inc. Page 2 Amount 4/27/2023 MB sss Working Binder - SJ Mtn - 5.2.23 Draft Motion for Protective Order; draft cover letter; finalize motion; email client. 4/28/2023 SLH Discussion with SSS; draft letter objecting to deposition. 5/2/2023 sss Hearing. 6/15/2023 SR Draft 9A package; efile 9A motions to compel and for protective order. 6/1/2023 sss Email to client. 7/3/2023 sss Review attachments; draft Motion to Dismiss. 71512023 sss Prepare for Hearing. 71712023 MB Working Binder - 7.10.23; drafted Application and Aff for Dismissal (Rule 33); edit Kasper's Mtn for Dismissal of All Claims; finalized it; E-FILED; served on Opp Counsel; copy email to client. 7/10/2023 MB Help SSS with Hearing Prep: looked for and printed pleadings; printed docket sheet; printed emails about Kasper's deposition exchanged with Tocci; drafted letter to Clerk encl Final Request for Answers to INTs; finalized letter; E-FILED; emailed to clerk. sss Prepare for hearing; review history of discovery. sss Hearing in Boston on Motion to Compel. 7/17/2023 SR Email Conte re: producing FlexFun settlement to Tocci. 7/25/2023 sss Call with Jim Hoban. sss Contact with Tocci. 8/8/2023 sss Follow up with Conte re: producing settlement agreement. 8/14/2023 sss Negotiate settlement; email to Conte and client about settlement agreement. sss Emails with Tocci and Conte. 8/18/2023 sss Follow up with Conte. 8/21/2023 sss Call TJ Conte. 8/22/2023 sss Call Tocci; emai! Conte. 8/24/2023 SSS Edit settlement. SR Draft letter to Paget enc! settlement agreements; convert letter to email to Paget re: Settlement agreements; follow up with Tocci. 8/28/2023 sss Revise letter to Paget; email letter and settlement agreements to Paget; email Tocci. 8/31/2023 sss Follow up with Tocci; reply to Tocci's email. 9/13/2023 sss Follow up with Tocci re: dismissing Brenda. SUBTOTAL: [ $8,214.00] Flexible Fundamentals, Inc. Page 3 Amount For professional services rendered $8,214.00 Interest on overdue balance $83.81 Total amount of this bill $8,297.81 Previous balance $6,495.21 Balance due $14,793.02 Phillips, Silver, Talman, Aframe & Sinrich, PC 146 Main Street, 5th Floor Worcester, MA 01608 September 19, 2023 Flexible Fundamentals, inc. c/o George Hardiman, Esq. 15 Foster Street Quincy, MA 02169 In Reference To: Worcester Superior Court Docket No.: 2185CV01037C Invoice #46231 Professional Services Amount Social Perspectives vs. Brenda Kaspe! 1/10/2023 SSS_ Follow-up on status of Hearing. 1/13/2023 SR Follow-up with Conte re: hearing. 1/23/2023 SR Email Paget re: new depo dates and extension on admissions; email client. MB Drafted Brenda Kasper's Response to Defendant's Admissions; emailed client.; call client. SSS Go over Brenda Kasper's Responses to Defendants’ Admissions; edits. 1/24/2023 SR Email Paget to confirm extension. 1/26/2023 sss Call to client; edits to Kasper Responses to Admissions. MB Edited Kasper Responses to Admissions; emailed red lined version to client. 1 27/2023 MB Drafted Kasper INTs to FlexFun and McGee. Flexible Fundamentals, Inc. Page 2 Amount 1/30/2023 MB Read through Motions to Compel (#73 and #74) to make sure Kasper is not involved. 1/31/2023 sss Call with Jim Hoban. 2/1/2023 MB Email to client re: follow-up on her answers to Admissions. 2/2/2023 sss Further edits to Brenda Kasper's Response to Defendant's Admissions; drafted letter to Paget encl Kasper's Responses to RFA. sss Review and forward AG's grand jury subpoena to BCBS to client. 2/7/2023 SR Email client; draft response to counsel re: depo dates; email Conte. 2/9/2023 sss Follow up with Conte. 2/10/2023 SR Email Paget re; client depo. 3/5/2023 MB Drafted letter to Opp Counsel re: Kasper Depo Potential Conflict; finalized letter; emailed to all attorneys; forwarded copy to client; drafted letter to Paget encl 1st INTs to FlexFun and McGee; finalized letter and INTs; emailed out to Paget and other attorneys; copy forwarded to client; email to client; email to Paget. SSS Work on discovery. 3/6/2023 MB Emails to/from Opp Counsel re: Kasper's Depo. 3/8/2023 Sss Email client re: availability for deposition. 3/10/2023 sss Email from/to Opp Counsel re: Kasper's Depo. 3/14/2023 MB Email to Opp Counsels re Kasper's Depo; discuss with SSS. sss Instructions to paralegal. 4/6/2023 MB Email from/to Opp Counsel; forwarded to client. Sss Hearing to compel. SR Email court and counsel. 41712023 MB Emails from/to client; emails tolffom opp cousel re Kasper's Depo. 4/10/2023 MB Email from Opp Counsel; forwarded to client. SR Finalize Final Request; draft cover letter. 4/13/2023 MB Forwarded email to client. 4/20/2023 MB Email to Atty Hoban. MB Looked into extension request from Hoban. 4/24/2023 sss Call Margaret Paget. 4/25/2023 MB Email to Suzette on Mirick O'Connell. Flexible Fundamentals, Inc. Page 3 Amount 4125/2023 SR Draft email to Paget; revise and send email to Paget re: client depo. Sss Calls with client; calls with counsel re: Client depo. 4126/2023 SSS Emails from/to Paget re: Kasper's depo. SR Review file re: overdue discovery; review with SSS; revise cover letter to Paget; serve 33(a); forward to client. sss Meet with paralegal on discovery. 4/27/2023 SR Review Paget email; review file and emails; respond to Paget email. sss Review McGrath INT responses; draft reply to Paget. 4128/2023 BM Instructions from Scott to review with him week of 5/1 re: draft of motion to compel INTs responses. sss 9C Conference with Paget. SR Call with client; re-send documents. 5/1/2023 Sss Email to client. 5/2/2023 MB Email to client. 5/3/2023 Sss Email to client. 5/9/2023 BM Instructions from SSS, review what email re motions not conforming to rule 9A about; research on Masscourts.org and our files and determine other counsel was in error. 6/15/2023 Sss Hearing. 6/22/2023 sss Many emails forwarded to client. SSS Review Hoban's response to 30(b)(6) subponea; email client. 7/3/2023 MB Emails to Client (19 attachments). sss Review McGrath's Opposition to Motion for Partial Summary Judgment. 7/5/2023 MB Work on prep for Hearing. 7/16/2023 sss Court Appearance. 7112/2023 sss Emails to client attaching Clerk's Notices and Depo Notices. 712412023 SSS Call with TJ; call with client. 7/26/2023 sss Follow-up with Margaret Paget and Jim Hoban; emails. 9/1/2023 SR Review file re: outstanding INTS from FlexFun and McGee; discuss with SSS. Sss Text TJ Conte. 9/5/2023 SR Email Conte/Hoban RE postponing client depo; email Suzette McCann RE responses to interrogatories; reply to McCann's email seeking extension. Flexible Fundamentals, Inc. Page 4 Amount 9/5/2023 SSS Call with Jim Hoban. 9/12/2023 SR Create working binder for depo. AM Discussions with SR; emailed client to review deposition exhibits. 9/13/2023 SR Review file; depo prep; depo memo for SSS. sss Prep for Brenda's depo. AM Emails with client. 9/14/2023 sss Call with Brenda to prep. 9/15/2023 sss Review records; deposition of client. SUBTOTAL: [ $11,080.25] For professional services rendered $11,080.25 Interest on overdue balance $56.38 Total amount of this bill $11,136.63 Previous balance $4,419.75 Balance due $15,556.38 See