On October 27, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Ellero, Vincent,
and
American Classic Cars & Marine,
American Classic Cars & Marine, Inc,
American Classic Restoration & Marine, Inc,
American Classic Restorations & Marine Inc,
Johnson, Ed,
for Torts
in the District Court of Worcester County.
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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS SUPERIOR COURT DEPARTMENT
C.A. NO.: 1585CV01734
VINCENT ELLERO,
Plaintiff/defendant-in-counterclaim,
Vv.
FILED JUL 24 2018
AMERICAN CLASSIC CARS &
MARINE, AMERICAN CLASSIC
CARS & MARINE, INC., AMERICAN Arvest: Al Hh, CLERK
CLASSIC RESTORATION &
MARINE, INC. and
a
ED JOHNSON,
Defendants/plaintiffs-in-counterclaim
PLAINTIFF VINCENT ELLERO’S MOTION FOR SANCTIONS FOR THE
DEFENDANTS?’ FAILURE TO PRODUCE DISCOVERY
PURSUANT TO THE COURT’S ORDER
Now comes the plaintiff, Vincent Ellero (hereafter “Ellero”), pursuant to Rules 34 and 37
(a) of the Massachusetts Rules of Civil Procedure, and respectfully requests that this Court enter
an order sanctioning the defendants for their failure to comply with this Court’s discovery order
issued on December 8, 2017 for the production of documents and interrogatories that were
served in April, 2017 and as to which, to the present date, absolutely no response has been made
and absolutely no documents have been provided. The defendants’ failures to produce
discovery, pursuant to this Court’s order, necessitates this Court entering a default judgment for
Ellero, dismissing the counterclaim against him, ordering the return of his property, awarding
costs and fees and the setting of a hearing for damages. As the basis for this request, Ellero
respectfully refers the Court to the accompanying memorandum of law in support of this motion.
Page 1 of 2
THE PLAINTIFF/DEFENDANT-IN-
COUNTERCLAIM, VINCE ELLERO,
By his attorney,
John ighiotti, BBO #: 642337
, JOYCE & AKERSON, P.C.
Caster Terrace
orcester, MA 01609
508.754.7285 (T)
508.754.7220 (F)
jvigliotti ja-law.com
Dated: July 6, 2018
CERTIFICATE OF SERVICE
I, John K. Vigliotti, hereby certify that I have served a copy of the foregoing via U.S
Mail, first class postage prepaid, upon the following counsel of record on July 6, 2018:
Moss M. Sidell
Sidell Law Offices, P.C.
LZ.
6501 Congress Avenue, Suite 240
Boca Raton, FL 33487
” Vigliotti
Page 2 of 2
Document Filed Date
July 24, 2018
Case Filing Date
October 27, 2015
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