On March 31, 2021 a
Miscellaneous
was filed
involving a dispute between
Napolitano, Jr., Arthur,
Saba, Charles M.,
and
A. Phab Investments, Ltd.,
Arb,
Banks, Anthony R.,
Bewell Organic Medicine Inc,
Hearn, Paul L.,
Zalucki, George,
for Business Litigation
in the District Court of Suffolk County.
Preview
CIVIL ACTION COVER vocxernog B.L.S. Trial Court Of Massachusetts Superior Court Department County:
SHEET
PLAINTIFFS)
31-744 SUFFOLK
DEFEND.
i
Charles M. Saba and Art P. Napolitanto, Jr. (each Paul L. ‘Hearn, A Phab Investments Ltd., Anthony R. Banks, ARB
(Scotland) Investments, Ltd, et al.
directly and derivatively on behalf of BeWell Organic i
Medicine Inc.) Nominal Defendant: BeWell Organic Medicine Inc ;
‘ATTORNEY, FIRM NAME, ADDRESS AND TELEPHONE Board of Bar Overseers number ‘ATTORNEY (if known)
Paul Muniz (BBO 564786) Howard Cooper (BBO 543842)
Donovan Hater LLP Joseph Cacace (BBO 672298)
53 State Street | 8th Floor | Boston, MA | 02109 Todd and Weld LL
Tel (617) 406-4610 / Mobile (978) 729-5052 ‘One Federal Street, 27th Floor
Boston, MA 02
617-720-2626
Origin Code Original Complaint
BB.1
TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? *
Shareholder Derivative (8) [7]¥es [No
==
Ss
8S 2S
R
=
AS
2. AP
=O
as2B oo
This dispute arises from the Defendants ignoring the proper 3/4 voting requiremer nt Eth iS Seated that twa
a valid Shareholder Agreement under Section 7.32. Defendants ignored the needed voting requirement
in order to change the composition of the Board of Directors and fire the current CEO of the company.
* A Special Tracking Order shall be created by the Presiding Justice of the Business Litigation Session atthe Rule 16 Conference.
PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT,
“Thereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18)
requiring that I provide my clients with information about court-connected disCoe services and discuss with them the advantages and
disadvantages of the various methods.” Signature of Attorney of Record
DATE: Maen, 2021
CIVIL ACTION COVER SHEET
INSTRUCTIONS
SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE
BA.1 claims relating to the governance and conduct
BE.1 claims involving breaches of contract or fiduciary, fraud, mis-
of internal of entities representation business torts or other violations involving
BR2. clains relating to employment agroomonts
business relationships
BA}. claims rolating to liability of charoholders,
directors, officers, partners otc.
BY.1 claims under the U.C.C. involving complex issues
BB.1 shareholder derivative claims2G.4 claims arising from transactions with banks, investment bankers,»
BB.2 clains relating to or arising out of securities
BH.1 claims for violation of antitrust or other ¢: opinion tabs,
transactions BH.2 claims of unfair trade practices involving « =n
BC.1 claims involving morgers, consolidation, saloi
BL.1 malpractice claims by business enterprises empire, Protaget on
assets, issuance of debt, equity and like int
aa
=e
BD.1 claims to determine the x status of, or clains
BJ.1 claims by or against a business ent: govbrnnattpn
involving, intellectual = entity is a party
BD.2 claims to determine the use or status of, or clains =a 2
involving, confidential, property or trade secrot
BD.3
information BK.1 other commercial
claims te determina the use or status, or claing claims, including ineurance,
estate and consumer matters involving complex Bie tion, FeaysO
involving restrictive covenant ae ee
a2 Ap
BS Ro
SS se
TRANSFER YOUR SELECTION TO THE FACE SHEET ao me
ms
oy
EXAMPLE: -
CODE NO. TYPE OF ACTION (SPECIFY) TRACK IS THIS A JURY CASE?
wl *
Restrictive covenants ®) Yes No
DUTY OF THE PLAINTIFF. The plaintiff, or plaintiff's counsel, shall set forth, in the face sheet a statement
specifying in full detail the facts upon which the plaintiff then relies for “presumptive” entry into the Business
Litigation Session. A copy of the civil action cover sheet shall be served on all defendants, together with the
complaint.
DUTY OF THE DEFENDANT. Should the defendant contest the entry into the Business Litigation Session, the
defendant shall file with the answer (or dispositive motion) a statement specifying why the action does not
belong in the Business Litigation Session. Such Statement shall be served with the answer (or dispositive
motion).
A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMPLAINT.
FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCU-RATELY MAY RESULT IN
THE TRANSFER OF THIS ACTION FROM THE BUSINESS LITIGATION SESSION TO ANOTHER
APPROPRIATE SESSION OF THE SUPERIOR COURT.
* A special tracking order shall be created by the presiding justice of the Business Litigation Session at the Initial
Rule 16 Conference.
Document Filed Date
March 31, 2021
Case Filing Date
March 31, 2021
Category
Business Litigation
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CIVIL ACTION COVER vocxernog B.L.S. Trial Court Of Massachusetts Superior Court Department County: SHEET PLAINTIFFS) 31-744 SUFFOLK DEFEND. i Charles M. Saba and Art P. Napolitanto, Jr. (each Paul L. ‘Hearn, A Phab Investments Ltd., Anthony R. Banks, ARB (Scotland) Investments, Ltd, et al. directly and derivatively on behalf of BeWell Organic i Medicine Inc.) Nominal Defendant: BeWell Organic Medicine Inc ; ‘ATTORNEY, FIRM NAME, ADDRESS AND TELEPHONE Board of Bar Overseers number ‘ATTORNEY (if known) Paul Muniz (BBO 564786) Howard Cooper (BBO 543842) Donovan Hater LLP Joseph Cacace (BBO 672298) 53 State Street | 8th Floor | Boston, MA | 02109 Todd and Weld LL Tel (617) 406-4610 / Mobile (978) 729-5052 ‘One Federal Street, 27th Floor Boston, MA 02 617-720-2626 Origin Code Original Complaint BB.1 TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? * Shareholder Derivative (8) [7]¥es [No == Ss 8S 2S R = AS 2. AP =O as2B oo This dispute arises from the Defendants ignoring the proper 3/4 voting requiremer nt Eth iS Seated that twa a valid Shareholder Agreement under Section 7.32. Defendants ignored the needed voting requirement in order to change the composition of the Board of Directors and fire the current CEO of the company. * A Special Tracking Order shall be created by the Presiding Justice of the Business Litigation Session atthe Rule 16 Conference. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT, “Thereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) requiring that I provide my clients with information about court-connected disCoe services and discuss with them the advantages and disadvantages of the various methods.” Signature of Attorney of Record DATE: Maen, 2021 CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE BA.1 claims relating to the governance and conduct BE.1 claims involving breaches of contract or fiduciary, fraud, mis- of internal of entities representation business torts or other violations involving BR2. clains relating to employment agroomonts business relationships BA}. claims rolating to liability of charoholders, directors, officers, partners otc. BY.1 claims under the U.C.C. involving complex issues BB.1 shareholder derivative claims2G.4 claims arising from transactions with banks, investment bankers,» BB.2 clains relating to or arising out of securities BH.1 claims for violation of antitrust or other ¢: opinion tabs, transactions BH.2 claims of unfair trade practices involving « =n BC.1 claims involving morgers, consolidation, saloi BL.1 malpractice claims by business enterprises empire, Protaget on assets, issuance of debt, equity and like int aa =e BD.1 claims to determine the x status of, or clains BJ.1 claims by or against a business ent: govbrnnattpn involving, intellectual = entity is a party BD.2 claims to determine the use or status of, or clains =a 2 involving, confidential, property or trade secrot BD.3 information BK.1 other commercial claims te determina the use or status, or claing claims, including ineurance, estate and consumer matters involving complex Bie tion, FeaysO involving restrictive covenant ae ee a2 Ap BS Ro SS se TRANSFER YOUR SELECTION TO THE FACE SHEET ao me ms oy EXAMPLE: - CODE NO. TYPE OF ACTION (SPECIFY) TRACK IS THIS A JURY CASE? wl * Restrictive covenants ®) Yes No DUTY OF THE PLAINTIFF. The plaintiff, or plaintiff's counsel, shall set forth, in the face sheet a statement specifying in full detail the facts upon which the plaintiff then relies for “presumptive” entry into the Business Litigation Session. A copy of the civil action cover sheet shall be served on all defendants, together with the complaint. DUTY OF THE DEFENDANT. Should the defendant contest the entry into the Business Litigation Session, the defendant shall file with the answer (or dispositive motion) a statement specifying why the action does not belong in the Business Litigation Session. Such Statement shall be served with the answer (or dispositive motion). A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMPLAINT. FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCU-RATELY MAY RESULT IN THE TRANSFER OF THIS ACTION FROM THE BUSINESS LITIGATION SESSION TO ANOTHER APPROPRIATE SESSION OF THE SUPERIOR COURT. * A special tracking order shall be created by the presiding justice of the Business Litigation Session at the Initial Rule 16 Conference.