Preview
Case 1:16-cv-12383-IT Document 26
(We /ICVOIUTA
Filed 04/06/17 Page tora Ib
UNITED STATES DISTRICT COURT
DISTRIC OF MASSACHUSETTS
EASTERN DIVISION
SABA HASHEM, individually and as member
of D’Angelo & Hashem, LLC,
Plaintiff/Intervention-Defendant
v
Stephen D’ Angelo, individually and as a
member of D’Angelo & Hashem, LLC, and
D’Angelo Law Group, No. 1:16-cv-12383-IT
Defendants/Intervention-Defendants,
v.
Jennifer M. Carrion,
Intervention-Plaintiff,
Vv.
D’ Angelo & Hashem, LLC,
Intervention-Defendant.
JENNIFER M. CARRION’S MOTION TO INTERVENE
Now comes Jennifer Carrion (“Ms. Carrion”), through counsel, and moves to intervene in
the above-referenced case as a matter of right, pursuant to Federal Rule of Civil Procedure 24.
Ms. Carrion should be allowed to intervene because she satisfies the criteria for intervention
under Fed, R. Civil Procedure 24 (a)(2).
Ms. Carrion holds a claim to the proceeds that are the subject matter of this litigation.
Ms. Carrion has obtained judgments against Mr. Hashem individually, against D’Angelo &
Hashem LLC, and against Hashem and D’Angelo & Hashem LLC jointly and severally. As of
Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 2 of 4
April 1, 2017, with interest, the judgments, which are enforceable by executions which have
been issued, are in the amounts of $34,086.60 against Mr. Hashem individually; $196,392.68
against D’ Angelo & Hashem, LLC; and $313,449.95 against Hashem and D’Angelo & Hashem
jointly and severally. See Exs. 1 through 5 to the Memorandum in Support of Motion to
Intervene (5 separate Executions in favor of Ms. Carrion); and Ex. 6 to the Memorandum,
(ntervenor’s Cross-Complaint).
These judgments and executions, Exs.1 through 5, arise from a verdict in Ms. Carrion’s.
favor, upheld by the Massachusetts Appeals Court and the Supreme Judicial Court, against Saba
Hashem and D’ Angelo & Hashem, LLC for employment discrimination, and more particularly
pregnancy discrimination.
Ms. Carrion intervenes for the purpose of protecting her judgments and executions and
her ability to collect on them. There exists the realistic threat that the disposition of the above-
referenced case will impede Ms. Carrion’s ability to protect her interest in the subject matter of
this litigation. Mr. Hashem and the law firm of D’Angelo & Hashem, LLC have been
recalcitrant in paying the judgments and executions and have noi paid one penny to date
although the judgments were obtained long ago. Their failure to pay anything to Ms. Carrion
shows that neither party hereto will adequately represent Ms. Carrion’s interests.
Mediation is scheduled in this case, and the mediator and the parties should properly
take into account Ms. Carrion’s judgments and executions against Saba Hashem individually and
D’Angelo & Hashem LLC and against Hashem and D’Angelo & Hashem LLC jointly and
severally. Mediation should rightfully ensure that Ms. Carrion’s judgments and executions are
paid forthwith from any proceeds of settlement of the instant Federal Court case between the
parties, and any settlement should be required to be approved by this Court.
Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 3 of 4
Furthermore, this motion to intervene is timely filed. Ms. Carrion was never provided
with notice of the filing of the instant Federal Court case by either of the parties hereto, nor was
she provided with any of the pleadings. After recently, and inadvertently, discovering that this
case had been filed, Ms. Carrion has timely moved to intervene. Her intervening in this lawsuit
at this time will not impact upon the scheduling of this case or its resolution. She does not
intervene with facts that are unknown to the parties or which would delay this case. Her interest
is in being paid based upon judgments and executions that have been litigated in her favor in the
Massachusetts Superior Court, Appeals Court, and Supreme Judicial Court.
WHEREFORE, Jennifer Carrion moves that she be allowed to intervene in the above-
referenced case.
Respectfully submitted,
JENNIFER CARRION
By her legal counsel
/s/ Gale L. Glazer
Gale L. Glazer, Esq., BBO No. 194660
Font & Glazer
20 Melrose Street
Boston, MA 02116
T: (617) 451-2500
E: galeglazer@aol.com
/s/ Michaela C. May
Michaela C. May, Esq., BBO No. 676834
Law Office of Michaela C. May
400 Massachusetts Avenue, Suite B
Arlington, MA 02474
T: (617) 939-3021
E: attorneymay@gmail.com
/s/ Wendy A. Kaplan
Wendy A. Kaplan, Esq., BBO No. 259360
Law Office of Wendy A. Kaplan
20 Melrose Street
Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 4 of 4
Boston, MA 02116
T: (617) 557-4114
E: wendykaplan@aol.com
CERTIFICATE OF SERVICE
Thereby certify that this document filed through the ECF system will be sent electronically to the
registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies
will be sent to those indicated as non-registered participants on this date.
‘s/ Gale L. Glazer
Gale L. Glazer
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Case 1:16-cv-12383-IT Document 26 (We /ICVOIUTA Filed 04/06/17 Page tora Ib UNITED STATES DISTRICT COURT DISTRIC OF MASSACHUSETTS EASTERN DIVISION SABA HASHEM, individually and as member of D’Angelo & Hashem, LLC, Plaintiff/Intervention-Defendant v Stephen D’ Angelo, individually and as a member of D’Angelo & Hashem, LLC, and D’Angelo Law Group, No. 1:16-cv-12383-IT Defendants/Intervention-Defendants, v. Jennifer M. Carrion, Intervention-Plaintiff, Vv. D’ Angelo & Hashem, LLC, Intervention-Defendant. JENNIFER M. CARRION’S MOTION TO INTERVENE Now comes Jennifer Carrion (“Ms. Carrion”), through counsel, and moves to intervene in the above-referenced case as a matter of right, pursuant to Federal Rule of Civil Procedure 24. Ms. Carrion should be allowed to intervene because she satisfies the criteria for intervention under Fed, R. Civil Procedure 24 (a)(2). Ms. Carrion holds a claim to the proceeds that are the subject matter of this litigation. Ms. Carrion has obtained judgments against Mr. Hashem individually, against D’Angelo & Hashem LLC, and against Hashem and D’Angelo & Hashem LLC jointly and severally. As of Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 2 of 4 April 1, 2017, with interest, the judgments, which are enforceable by executions which have been issued, are in the amounts of $34,086.60 against Mr. Hashem individually; $196,392.68 against D’ Angelo & Hashem, LLC; and $313,449.95 against Hashem and D’Angelo & Hashem jointly and severally. See Exs. 1 through 5 to the Memorandum in Support of Motion to Intervene (5 separate Executions in favor of Ms. Carrion); and Ex. 6 to the Memorandum, (ntervenor’s Cross-Complaint). These judgments and executions, Exs.1 through 5, arise from a verdict in Ms. Carrion’s. favor, upheld by the Massachusetts Appeals Court and the Supreme Judicial Court, against Saba Hashem and D’ Angelo & Hashem, LLC for employment discrimination, and more particularly pregnancy discrimination. Ms. Carrion intervenes for the purpose of protecting her judgments and executions and her ability to collect on them. There exists the realistic threat that the disposition of the above- referenced case will impede Ms. Carrion’s ability to protect her interest in the subject matter of this litigation. Mr. Hashem and the law firm of D’Angelo & Hashem, LLC have been recalcitrant in paying the judgments and executions and have noi paid one penny to date although the judgments were obtained long ago. Their failure to pay anything to Ms. Carrion shows that neither party hereto will adequately represent Ms. Carrion’s interests. Mediation is scheduled in this case, and the mediator and the parties should properly take into account Ms. Carrion’s judgments and executions against Saba Hashem individually and D’Angelo & Hashem LLC and against Hashem and D’Angelo & Hashem LLC jointly and severally. Mediation should rightfully ensure that Ms. Carrion’s judgments and executions are paid forthwith from any proceeds of settlement of the instant Federal Court case between the parties, and any settlement should be required to be approved by this Court. Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 3 of 4 Furthermore, this motion to intervene is timely filed. Ms. Carrion was never provided with notice of the filing of the instant Federal Court case by either of the parties hereto, nor was she provided with any of the pleadings. After recently, and inadvertently, discovering that this case had been filed, Ms. Carrion has timely moved to intervene. Her intervening in this lawsuit at this time will not impact upon the scheduling of this case or its resolution. She does not intervene with facts that are unknown to the parties or which would delay this case. Her interest is in being paid based upon judgments and executions that have been litigated in her favor in the Massachusetts Superior Court, Appeals Court, and Supreme Judicial Court. WHEREFORE, Jennifer Carrion moves that she be allowed to intervene in the above- referenced case. Respectfully submitted, JENNIFER CARRION By her legal counsel /s/ Gale L. Glazer Gale L. Glazer, Esq., BBO No. 194660 Font & Glazer 20 Melrose Street Boston, MA 02116 T: (617) 451-2500 E: galeglazer@aol.com /s/ Michaela C. May Michaela C. May, Esq., BBO No. 676834 Law Office of Michaela C. May 400 Massachusetts Avenue, Suite B Arlington, MA 02474 T: (617) 939-3021 E: attorneymay@gmail.com /s/ Wendy A. Kaplan Wendy A. Kaplan, Esq., BBO No. 259360 Law Office of Wendy A. Kaplan 20 Melrose Street Case 1:16-cv-12383-IT Document 26 Filed 04/06/17 Page 4 of 4 Boston, MA 02116 T: (617) 557-4114 E: wendykaplan@aol.com CERTIFICATE OF SERVICE Thereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on this date. ‘s/ Gale L. Glazer Gale L. Glazer