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  • Ellero, Vincent vs. American Classic Cars & Marine, Inc et al Fraud, Business Torts, etc. document preview
  • Ellero, Vincent vs. American Classic Cars & Marine, Inc et al Fraud, Business Torts, etc. document preview
  • Ellero, Vincent vs. American Classic Cars & Marine, Inc et al Fraud, Business Torts, etc. document preview
  • Ellero, Vincent vs. American Classic Cars & Marine, Inc et al Fraud, Business Torts, etc. document preview
						
                                

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tv 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