Preview
Date Filed 6/24/2024 2:11 PM
Superior Court - Norfolk
Docket Number
4.0
Docketed 06/24/2024
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 2482CV00629
KENNI T. TRAN, individually and
derivatively on behalf of
INSHALLAH, INC.,
Plaintiffs,
Vv.
SUSAN CHENG,
Defendants.
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff Kenni T. Tran (“Plaintiff” or “Tran’), individually and derivatively on behalf of
Inshallah, Inc. and by and through undersigned counsel, and pursuant to Rule 65 of the
Massachusetts Rules of Civil Procedure, hereby submits this Motion for a Preliminary Injunction
against Defendant Susan Cheng (the “Defendant” or “Cheng”).
As grounds therefore, Tran states that this case seeks to remedy the improper conduct of
Cheng, the majority shareholder of Inshallah Inc. (“Inshallah”), who obtained investments from
Tran and other shareholders for her new restaurant business in Allston, Massachusetts under false
pretenses, and then mismanaged and misused such investments in violation of her fiduciary duties
to Tran and others to their detriment and for her own personal gain. Despite Tran and other
shareholders putting significant funds into Inshallah, the restaurant failed due to Cheng’s neglect
and greed, and the shareholders can now only recover their investments from a liquidation of
Inshallah’s remaining assets. As explained below, a preliminary injunction is vital and necessary
to preserve and protect the proceeds from the sale of Inshallah’s assets from Cheng and her
creditors during the pendency of this litigation. In the absence of such relief, Cheng will have
Date Filed 6/24/2024 2:11 PM
Superior Court - Norfolk
Docket Number
succeeded in depleting Inshallah of any value for her benefit and at the expense of Tran and other
shareholders.
A preliminary injunction is vital and necessary to prevent imminent and irreparable harm
to Inshallah, Tran and other shareholders during the pendency of this litigation. Tran has a
likelihood of success on the merits of his claims for breach of fiduciary duty and unjust enrichment.
In the absence of such relief, in the very immediate future, Cheng will have succeeded in depleting
Inshallah of any value or viability at the expense of Tran and the other shareholders, irreparably
harming them.
In further support thereof, Tran references and incorporates the allegations set forth in the
Verified Complaint and Plaintiff's Memorandum of Law in Support of Preliminary Injunction also
filed herewith.
WHEREFORE, the Plaintiff Kenni T. Tran, individually and on behalf of Inshallah, Inc.,
respectfully requests that this Court enter the proposed form of Preliminary Injunction attached
hereto as Exhibit “A.”
Dated: June 24, 2024 Respectfully submitted,
Plaintiff,
KENNI T. TRAN,
By his counsel
/s/ Jonathan M. Hixon
Jonathan M. Hixon, BBO # 692420
Hackett Feinberg P.C.
155 Federal Street, 9'* Floor
Boston, MA 02110
(617) 422-0200
jmh@bostonbusinesslaw.com
Counsel for Plaintiff
Date Filed 6/24/2024 2:11 PM
Superior Court - Norfolk
Docket Number
EXHIBIT A
Date Filed 6/24/2024 2:11 PM
Superior Court - Norfolk
Docket Number
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.
KENNI T. TRAN, individually and
derivatively on behalf of
INSHALLAH, INC.,
Plaintiffs,
Vv.
SUSAN CHENG,
Defendants.
PRELIMINARY INJUNCTION
This matter came on for hearing on Plaintiff Kenni T. Tran’s Motion for Preliminary
Injunction, and the issues having been duly heard with notice to all parties, it is hereby ordered
and adjudged that:
1 Defendant Susan Cheng and any and all parties acting in concert with her are hereby
enjoined and restrained from receiving any distribution, payment or other remuneration related to
her 60% ownership interest in Inshallah Inc., or any other claimed interest in Inshallah Inc.,
including but not limited to a distribution and/or payment from the any proceeds from the sale of
Inshallah Inc.’s assets held by Inshallah Inc.’s counsel or from any future proceeds from the sale
of Inshallah Inc.’s liquor license or otherwise; and
2 Attorney Dan Cahill, Esq. is hereby enjoined and restrained from transferring,
distributing, paying, encumbering, secreting, alienating, assigning, diluting, or otherwise disposing
of the proceeds from the sale of the assets of Inshallah Inc. currently held in his IOLTA account,
until further order of this Court; and
Date Filed 6/24/2024 2:11 PM
Superior Court - Norfolk
Docket Number
3 Attorney Stephen Miller, Esq. is hereby enjoyed and restrained from transferring,
distributing, paying, encumbering, secreting, alienating, assigning, diluting, or otherwise disposing
of any net proceeds from the sale of Inshallah Inc.’s liquor license he holds or will hold in his
IOLTA account, until further order of this Court.
4 This Order is without prejudice for Attorney Dan Cahill, Esq. or Attorney Stephen
Miller, Esq. to seek permission to pay verifiable expenses related to the sale of Inshallah Inc.’s
assets.
Entered at Dedham, Massachusetts this day of . 2024.
By the Court,
id.
Preview
Date Filed 6/24/2024 2:11 PM Superior Court - Norfolk Docket Number 4.0 Docketed 06/24/2024 COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 2482CV00629 KENNI T. TRAN, individually and derivatively on behalf of INSHALLAH, INC., Plaintiffs, Vv. SUSAN CHENG, Defendants. MOTION FOR PRELIMINARY INJUNCTION Plaintiff Kenni T. Tran (“Plaintiff” or “Tran’), individually and derivatively on behalf of Inshallah, Inc. and by and through undersigned counsel, and pursuant to Rule 65 of the Massachusetts Rules of Civil Procedure, hereby submits this Motion for a Preliminary Injunction against Defendant Susan Cheng (the “Defendant” or “Cheng”). As grounds therefore, Tran states that this case seeks to remedy the improper conduct of Cheng, the majority shareholder of Inshallah Inc. (“Inshallah”), who obtained investments from Tran and other shareholders for her new restaurant business in Allston, Massachusetts under false pretenses, and then mismanaged and misused such investments in violation of her fiduciary duties to Tran and others to their detriment and for her own personal gain. Despite Tran and other shareholders putting significant funds into Inshallah, the restaurant failed due to Cheng’s neglect and greed, and the shareholders can now only recover their investments from a liquidation of Inshallah’s remaining assets. As explained below, a preliminary injunction is vital and necessary to preserve and protect the proceeds from the sale of Inshallah’s assets from Cheng and her creditors during the pendency of this litigation. In the absence of such relief, Cheng will have Date Filed 6/24/2024 2:11 PM Superior Court - Norfolk Docket Number succeeded in depleting Inshallah of any value for her benefit and at the expense of Tran and other shareholders. A preliminary injunction is vital and necessary to prevent imminent and irreparable harm to Inshallah, Tran and other shareholders during the pendency of this litigation. Tran has a likelihood of success on the merits of his claims for breach of fiduciary duty and unjust enrichment. In the absence of such relief, in the very immediate future, Cheng will have succeeded in depleting Inshallah of any value or viability at the expense of Tran and the other shareholders, irreparably harming them. In further support thereof, Tran references and incorporates the allegations set forth in the Verified Complaint and Plaintiff's Memorandum of Law in Support of Preliminary Injunction also filed herewith. WHEREFORE, the Plaintiff Kenni T. Tran, individually and on behalf of Inshallah, Inc., respectfully requests that this Court enter the proposed form of Preliminary Injunction attached hereto as Exhibit “A.” Dated: June 24, 2024 Respectfully submitted, Plaintiff, KENNI T. TRAN, By his counsel /s/ Jonathan M. Hixon Jonathan M. Hixon, BBO # 692420 Hackett Feinberg P.C. 155 Federal Street, 9'* Floor Boston, MA 02110 (617) 422-0200 jmh@bostonbusinesslaw.com Counsel for Plaintiff Date Filed 6/24/2024 2:11 PM Superior Court - Norfolk Docket Number EXHIBIT A Date Filed 6/24/2024 2:11 PM Superior Court - Norfolk Docket Number COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. KENNI T. TRAN, individually and derivatively on behalf of INSHALLAH, INC., Plaintiffs, Vv. SUSAN CHENG, Defendants. PRELIMINARY INJUNCTION This matter came on for hearing on Plaintiff Kenni T. Tran’s Motion for Preliminary Injunction, and the issues having been duly heard with notice to all parties, it is hereby ordered and adjudged that: 1 Defendant Susan Cheng and any and all parties acting in concert with her are hereby enjoined and restrained from receiving any distribution, payment or other remuneration related to her 60% ownership interest in Inshallah Inc., or any other claimed interest in Inshallah Inc., including but not limited to a distribution and/or payment from the any proceeds from the sale of Inshallah Inc.’s assets held by Inshallah Inc.’s counsel or from any future proceeds from the sale of Inshallah Inc.’s liquor license or otherwise; and 2 Attorney Dan Cahill, Esq. is hereby enjoined and restrained from transferring, distributing, paying, encumbering, secreting, alienating, assigning, diluting, or otherwise disposing of the proceeds from the sale of the assets of Inshallah Inc. currently held in his IOLTA account, until further order of this Court; and Date Filed 6/24/2024 2:11 PM Superior Court - Norfolk Docket Number 3 Attorney Stephen Miller, Esq. is hereby enjoyed and restrained from transferring, distributing, paying, encumbering, secreting, alienating, assigning, diluting, or otherwise disposing of any net proceeds from the sale of Inshallah Inc.’s liquor license he holds or will hold in his IOLTA account, until further order of this Court. 4 This Order is without prejudice for Attorney Dan Cahill, Esq. or Attorney Stephen Miller, Esq. to seek permission to pay verifiable expenses related to the sale of Inshallah Inc.’s assets. Entered at Dedham, Massachusetts this day of . 2024. By the Court, id.