On January 26, 2017 a
Order
was filed
involving a dispute between
Construction Source Management, Llc,
and
Ajax 5Cap Nesv, Llc,
Boucher, David,
Fitzpatrick, Joseph,
Five Capital Management, Llc,
Harkins, Eileen M,
Kelly, John C,
Lizotte, Lisa Anne,
Nesv Ice, Llc,
Nielsen, Jr., John R,
Silberberg, Stuart,
for Contract / Business Cases
in the District Court of Bristol County.
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BRISTOL, ss.
I¢
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT
CIVIL ACTION
NO. 2017CV00077
CONSTRUCTION SOURCE MANAGEMENT, LLC
ys.
BRISTOL, SS SUPERIOR COURT
NESV ICE, LLC FILED
SEP 13 2017
ORDER OF THE COURT MARG J. SANTOS, ESQ.
CLERK/MAGISTRATE
Pleading: Motion for protective order (Paper # 11).
After hearing, the following order shall enter:
1,
The defendant withdraws its objection to the deposition notice made to the City of
Attleboro. The documents shall be delivered to the plaintiff within twenty-one
days of this order.
2. The plaintiff withdraws its deposition notice made to the defendant, without
prejudice, subject to re-filing if the parties are unable to resolve the matter.
3. The defendant will produce the documents listed and circled in the attached
amended exhibit “A” within 21 days. If the documents are not produced within
the 21 day period, the defendant will notify Harbor One Bank, which shall
produce the requested documents within 30 days.
DATED: September 12, 2017 Justice of the Superio CourtAMENDED EXHIBIT A
TO DEPOSITION NOTICE OF HARBOR ONE BANK
The deponent, Harbor One Bank (“Harbor One”), is required to bring with it at the time
of the taking of its deposition upon oral examination the following:
(1) any and all estimates relating to a construction project identified as New England Sports
Village Development in Attleboro, Massachusetts (the “Project”) involving NESV Ice, LLC
(CNESV”).
2/ All records and documents relating to approvals of requisitions by Harbor One with respect
to the Project.
e) All requisitions submitted by NESV to Harbor One with respect.to the Project.
(Ya records and documents relating to loan applications submitted by NESV to Harbor One
with respect to the Project.
5. All records and documents relating to processing and/or approval of loan applications
submitted by NESV to Harbor One with respect to the Project.
(oat records and documents making relating to or making reference to Construction Source
Management, LLC (“CSM”) with respect to the Project.
7. All correspondence or any writing of any kind or description, including electronically stored
correspondence, between and among NESV and Harbor One, relative to the Project.
8. All correspondence or any writing of any kind or description, including clectronically stored
correspondence, between and among Harbor One and any other person or entity, relative to
the Project, other than your attorneys.
9. All internal records and documents relating to funding of NESV relative to the Project.
10. All financial arrangements between NESV and Harbor One relative to the Project.
11. Any and all records pertaining to inspections and/or site visits by Harbor One and/or any of
its agents, employees, consultants or representatives, relative to the Project.
Document Filed Date
September 13, 2017
Case Filing Date
January 26, 2017
Category
Contract / Business Cases
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BRISTOL, ss. I¢ COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT CIVIL ACTION NO. 2017CV00077 CONSTRUCTION SOURCE MANAGEMENT, LLC ys. BRISTOL, SS SUPERIOR COURT NESV ICE, LLC FILED SEP 13 2017 ORDER OF THE COURT MARG J. SANTOS, ESQ. CLERK/MAGISTRATE Pleading: Motion for protective order (Paper # 11). After hearing, the following order shall enter: 1, The defendant withdraws its objection to the deposition notice made to the City of Attleboro. The documents shall be delivered to the plaintiff within twenty-one days of this order. 2. The plaintiff withdraws its deposition notice made to the defendant, without prejudice, subject to re-filing if the parties are unable to resolve the matter. 3. The defendant will produce the documents listed and circled in the attached amended exhibit “A” within 21 days. If the documents are not produced within the 21 day period, the defendant will notify Harbor One Bank, which shall produce the requested documents within 30 days. DATED: September 12, 2017 Justice of the Superio CourtAMENDED EXHIBIT A TO DEPOSITION NOTICE OF HARBOR ONE BANK The deponent, Harbor One Bank (“Harbor One”), is required to bring with it at the time of the taking of its deposition upon oral examination the following: (1) any and all estimates relating to a construction project identified as New England Sports Village Development in Attleboro, Massachusetts (the “Project”) involving NESV Ice, LLC (CNESV”). 2/ All records and documents relating to approvals of requisitions by Harbor One with respect to the Project. e) All requisitions submitted by NESV to Harbor One with respect.to the Project. (Ya records and documents relating to loan applications submitted by NESV to Harbor One with respect to the Project. 5. All records and documents relating to processing and/or approval of loan applications submitted by NESV to Harbor One with respect to the Project. (oat records and documents making relating to or making reference to Construction Source Management, LLC (“CSM”) with respect to the Project. 7. All correspondence or any writing of any kind or description, including electronically stored correspondence, between and among NESV and Harbor One, relative to the Project. 8. All correspondence or any writing of any kind or description, including clectronically stored correspondence, between and among Harbor One and any other person or entity, relative to the Project, other than your attorneys. 9. All internal records and documents relating to funding of NESV relative to the Project. 10. All financial arrangements between NESV and Harbor One relative to the Project. 11. Any and all records pertaining to inspections and/or site visits by Harbor One and/or any of its agents, employees, consultants or representatives, relative to the Project.