Motion-Secondary: Going, Connie vs. Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc. et al

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COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT

HAMPSHIRE, ss. SUPERIOR COURT DEPARTMENT

NORTHAMPTON DIVISION
DOCKET NO.: 1680 CV 11

   
 

 

CONNIE GOING. Bal
Plaintifi-
Counterclaim
Defendant,
Vv. MOTION IN OPPOSITION TO
DEFENDANTS’
RONALD G., D'AUTEUIL, D/B/A MOTION/MEMORANDUM TO DISMISS
OLDE TYME STUFFE AND OLDE VERIFIED COMPLAINT PURSUANT
TYME STUFFE, INC., TO THE REQUIREMENTS OF M.G.L.
Defendant- CHAPTER 212, SECTION(S) 3, 3A
Counterclaim
Plaintiff

    

NOW COMES the Plaintiff, Connie Going (“Plaintiff*), and moves this Court pursuant to G.L.

c. 212, $§ 3 and 3A and Mass. R. Civ. P. 12(b)(10) to deny Ronald G, D'auteuil, d/b/a Olde

Tyme Stuffe and Olde Tyme Stuffe, Inc. (“Defendant”) Defendants’ Motion/Memorandum to

Dismiss Verified Complaint Pursuant to the Requirements of M.G.L. Chapter 212, Section(S) 3,

3a. As grounds therefor Plaintiff relies on her Memorandum of Law in-opposition hereof and

states as follows:

1.

nv

Plaintiff complied with the Statement of Damages Requirement of G.L. ¢. 212 §3A;
Plaintiff complied with the Monetary Requirement of G.L. c. 212 §3:

Defendant waived the defense.of improper amount of damages; and

This Honorable Court should exercise its power of ancillary jurisdiction because of

Plaintiff's equity claims.

WHEREFORE the Plaintiff requests the following:We

a. To deny Defendants’ Motion/Memorandum to Dismiss Verified Complaint Pursuant to

the Requirements of M.G.L. Chapter 212, Section(S) 3, 3a; and

’ b, For such other and further relief as is fair and just.

The Plaintiff-Counterclaim
Defendant

Connie Going

By Her Attorney

  
   

Justin Pf Goldberg, Esq.

Law Offices of Justin P. Goldberg
150 Pleasant St, #208
Easihampton, MA 01027

BBO#: 684864

Phone: 413-588-6565

+ 413-961-2038

  
 

 

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the above document was served by IX mit or by © hand on

Y / [v /20_, { b upon each party appearing pro se or the attorney of record for each

other party and consisting of the following:

Morris A. Bergman
39 Highland Si
Worcester, MA 01609

 

Tustin P, Joldberg, Esq.

nN