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Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 1 of
WICVOIH4A 3
—
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
SABA HASHEM, individually & as Manager
of D'Angelo & Hashem, LLC,
Plaintiff/Defendant-in-Counterclaim
v.
Stephen D’Angelo, individually and asa
Manager of D’Angelo & Hashem, LLC, and
D'Angelo Law Group; D’Angelo & Hashem,
LUC; and D’Angelo Law Group, LLC.
Defendants/Plaintiffs-in-Counterclaim
Jennifer M. Carrion,
Intervention-Plaintiff,
v.
SABA HASHEM, STEPHEN D’ANGELO,
D’ANGELO & HASHEM, LLC, D’ANGELO
LAW GROUP, LLC.
Intervention-Defendants,
Reach and Apply Defendants
)
eS SS
No. 1:16-ev-12383-IT
JENNIFER M, CARRION’S EMERGENCY MOTION FOR ISSUANCE OF
PRELIMINARY INJUNCTIONS AGAINST INTERVENTION-DEFENDANTS/
REACH & APPLY DEFENDANTS STEPHEN D’ANGELO &
D°’ANGELO LAW GROUP LLC
Now CoMEs the Intervention-Plaintiff, Jennifer M. Carrion, (‘Plaintiff or “Ms.
Carrion”), who respectfully on an emergency basis moves this Honorable Court, pursuant to
Fed. R. Civ. P. 65(a)(1) after notice and hearing, to issue Preliminary Injunctions against
Stephen D’Angelo (“Mr. D’Angelo”) and/or D’Angelo Law Group LLC (‘DLG@”). Ms. Carrion
moves this Court’s Order to protect about $190,000.00 in cash that can satisfy Ms. Carrion’s
Executions presently deposited in DLG’s IOLTA or Mr. D’Angelo’ accounts, specifically by -
1. Enjoining DLG and/or Mr. D'Angelo from disbursing any potion of attorneys’ fees
due in settlement for Suffolk Superior Court #1484 CV 01440-G, Maldonado et
al. v. Toll Brothers (Exhibit “A” —Sup.Ct. at # 72, Stip. Dismissal, Nov.5, 2018
annexed to Memo. Law),Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 2 of 8
2. Ordering Mr. D'Angelo & DLG to deposit in a separate escrow interest-bearing
account held by Ms. Carrion’s undersigned Counsel, or this Court, the attorney’s
fees due in this matter estimated to be at least $190,000 presently, being 40% of
the offered Judgment amount of $400,000.00 (Ex. B — Offer of Judgment, see also
Exhibit C, Contingency Fee Agreement dated 01/06/2014, both annexed to Memo.
Law);
8. Ordering that these attorney’s fees remain in escrow in an interest-bearing
account pending resolution by agreement, Summary Judgment, or trial on the
merits of this action.
As Grounds therefore, Ms. Carrion has a high likelihood of prevailing on the merits
that Mr. D’ Angelo and DLG are responsible to pay her Execution under several theories of
liability, including and without limitation, successor liability or de facto merger doctrine,
violation of M.G.L.A. 156C § 46, in violation of Superior Court Preliminary Injunction of
July 12, 2012, willful dissipation of assets to fraudulently avoid creditor's claims,
fraudulent transfer and in reach & apply. (Memo. Law, Exs)., Absent award of preliminary
injunction, Ms. Carrion would be irreparably harmed and lose access to these funds that
can remedy her harms. There will be little to no prejudice to Mr. D’ Angelo and DLG, which
have already received close to (if not more than) a million dollars of attorney's fees from
November 2015 through 2017 from D&H cases (Ex. D entitled McCoy Dep. Ex. 31 at
Highlands, pages 6-7; see also 2016 Mr. Angelo’s W-2 salary annexed as Ex. E, see Ex. G,
McCoy Dep at 89:19-96:20, all Exhibits annexed to Memo. Law).
Ms. Carrion’s Executions against the law firm, D’Angelo & Hashem LLC (‘D&H”) &
its partner, Mr. Saba Hashem total $580,285.55 today. (Schedule of Liability annexed to
Memo. Law as Ex. F). These Executions have grown against D&H & Mr. Hashem from
2011 to the present (See Carrion Comp. at Paper #48). Mrs. Carrion has defended appeals
from 2012 through 2014 successfully with Executions becoming final in or about June of
2015 (Id). D&H was in law practice business receiving over a million dollars of counsel feesCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 3 of 8
both in 2014 and 2015, yet still refused or failed to pay Ms. Carrion’s executions when able.
(Ex. D annexed to Memo. Law, see also McCoy Deposition at 89:19-96:20, annexed to
Memo, Law as Exhibit G, see also Exhibits O, P. Q, R, S).
D&H, and its partners, Mr. D'Angelo & Mr. Hashem, were under Suffolk Superior
Court preliminary injunction #0784 CV2073 to not dissipate the partnerships assets. (2007
Suffolk Sup. Ct Docket at 53-54 annexed to Memo. Law as Ex. H). Notwithstanding D& H
and its partners willfully and recklessly disregarded the Superior Court's Injunction, which
is why a separate escrow in an interest-bearing account is required to prevent further
injustice. (See Exs. D, G, M, N, O, P, Q, R, S annexed to Memorandum of Law).
Moreover, when Mr. Hashem faced suspension from the practice of law in or about
November 2015, Mr. D’Angelo did not wind up nor dissolve D&H to pay its liabilities, such
as Ms. Carrion’s executions. (Ex. G, McCoy Dep at 98:12-105:18; see also D’Angelo Dep.
07.25.2018, at 148:6-152:20 annexed to Memo. Law as Ex. “I”.) Rather Mr. D’Angelo filed
the 2015 annual report for D&H in February 8, 2016, (Ex. I. D’Angelo Dep. at 110:12-21;
Ex. G, McAvoy Dep. at 98:12-105:18, Ex, V— Annual Report) and contacted D&H clients
about “continuing” with Mr. D’Angelo and his new firm, DLG. (Client Letter annexed to
Memo. Law as Ex J; See also Ex. J, D’Angelo Dep at 159:12 — 165:18). Such failure to
dissolve D&H and start DLG in November of 2015 with D&H employees, attorneys,
equipment, work product, goodwill, was Mr. D’Angelo and DLG’s deceitful effort to prevent
Ms. Carrion’s Execution from reaching those funds. (Ex. I, D’Angelo Dep At 43:17 — 44:22,
165: 8-18, 166: 17-18). Ms. Carrion will show these illegitimate efforts constitute
fraudulent transfers to avoid her civil rights judgments. D&H did not disclose to itsCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 4 of 8
accountants that Carrion’s Executions were a liability to D&H. (ix. G, McAvoy Dep at
106:1-108:23, see also Ex. I, D’Angelo Dep at 157:3-159:11)
The funds sought to be set aside by this preliminary injunction involve one of these
eases, for which D&H was retained in January 6, 2014 for representation relating to the
personal injuries and losses sustained by Mr. Maldonado in December 30, 2013. (Ex. C,
01/06/2014 Cont. Fee Agmt.). D&H assisted Mr. Maldonado with both his worker's
compensation case and his personal injury case since days after his loss. (Ex. A)). Mr.
Maldonado chose to “continue” as stated in the client choice letters with Mr. D'Angelo &
DLG in or about October 2015. (Ex. J, CL Lttr). In or about January 6, 2017, DLG was
paid 100% of the $120,000.00 in attorney’s fees earned in this client’s Workers
Compensation lump sum agreement with no portion paid to D&H, not even expenses. (Ex.
I, D'Angelo Dep at 21:3-23:17, 28:7-30:1) The funds sought to be escrowed by injunction
stem from D&H’s legal services provided to this client with his related third-party claims
when working at the Toll Brother Development in Methuen, where he fell from a roof. (Ex.
I, D'Angelo Dep. at 24:10-22, 25:15-27:10; Ex. A-C, Ex. D, McCoy at page 8).
In support thereof, the Plaintiff directs this Court to the Memorandum of Law and
Deposition Testimony filed therewith, in addition to the following facts -
1. Without limitation, Ms. Carrion is owed substantially more (in excess of
$580,000) by D&H jointly and severally than the $190,000.00 amount sought to escrowed
and enjoined as D&H attorney's fees.
2. These Execution amounts do not include “fees on fees” for attorney’s fees and
costs incurred by undersigned counsel collecting a civil right judgment;Case 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 5 of 8
3. Plaintiff Ms. Carrion knows of no viable defenses to contest the Executions that
she has not been paid.
4, There are no known insurance policies applicable to this action.
5. Moreover, the Intervention-Defendant, Mr. Hashem, is presently subject to
divorce proceedings, the automatic divorce restraining order since Fall of 2015, and a
monthly $5000.00 child support order being paid from assets resulting in capital gain tax
liability. (Divorce Docket annexed to Memo, Law as Ex. K).
6. Therefore, in the face of divorce and government creditors during the pendency
of this action, this motion seeks the requested injunctions to prevent Mr. D’Angelo and
DLG, as Defendants and/or Reach Apply Defendants, in control of and holding (without
limitation) D&H fees, assets, good will, from dissipating, transferring, and/or conveying
their assets in their names, and in the name of Reach & Apply Defendant, which is not yet
subject to such liens and can begin to satisfy Ms. Carrion’s civil right Executions.
7. Because Plaintiff Ms. Carrion has a high likelihood of obtaining judgment;
because the Defendants are subject to claims of other creditors; because there are no liens
in the name of Mr. D’Angelo or DLG, the requested Injunctions are necessary to protect the
Plaintiffs ability to recover her civil rights Execution.
8. Plaintiff Ms. Carrion has no adequate remedy at Law by which it can reach
attorneys’ fees in the name of Mr, D’Angelo and/or DLG and cause these fees to be applied
against its Executions against D&H and Mr. Hashem, jointly and severally, and expected
Judgment against Mr. D'Angelo and DLG under all Counts of Intervention Plaintiffs
Complaint.Case 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 6 of 8
9. Plaintiff in good faith avers that his Requests for Preliminary Injunctions framed
hereafter are fair and reasonable, given the totality of circumstances in this action. This
would afford Ms. Carrion the ability to reach and apply whatever monies Mr. D'Angelo &
DLG have, arising from or connected with D&H to satisfy her Executions against D&H and
expected Judgment against these Defendants and/or Reach & Apply Defendants. Most
importantly, the preliminary injunctions requested would preserve a status quo between
the parties until Ms. Carrion can obtain her Judgment on Complaint for Intervention and
payment on her Executions. (Docket at 48)
10. Failing issuance of Preliminary Injunctions, Plaintiff avers there is a reasonable
likelihood Mr. D’Angelo & DLG will undertake action to convey or alienate monies to
prevent Ms. Carrion from having the ability to reach and apply these funds in their names
to satisfy Executions against D&H and expected Judgment under the Intervention
Complaint. Id,
11. Plaintiff respectfully requests that she not be required to post bond in light of the
Defendants’ willful and egregious violations of law toward the Plaintiff. Absent the Court’s
Preliminary Injunctions, the Plaintiff will suffer irreparable harms and injuries.
WHEREFORE, Intervention-Plaintiff, Jennifer M. Carrion, moves that after Notice
and Hearing, pursuant to Fed. R. Civ. P. 65 (a)(1), this Honorable Court issue Preliminary
Injunctions, without requiring the Plaintiff posting bond as these orders protect the status
quo:
(a) Enjoining DLG and/or Mr. D’Angelo from disbursing any potion of attorneys’ fees
due in settlement for Suffolk Superior Court #1484 CV 01440-G, Maldonado et al. v.
Toll Brothers (Exhibit “A” -Sup.Ct. at # 72, Stip. Dismissal, Nov.5, 2018 annexed to
Memo. Law),Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 7 of 8
(b) Ordering Mr. D’Angelo & DLG to deposit in a separate interest-bearing account held
by Ms. Carrion’s undersigned Counsel, or this Court, the attorney’s fees due in this
matter estimated to be at least $190,000 presently, being 40% of the offered
Judgment amount of $400,000.00 (Ex. B — Offer of Judgment, see also Exhibit C,
Contingency Fee Agreement dated 01/06/2014, both annexed to Memo. Law);
(© Ordering that these attorney’s fees remain in escrow in an interest-bearing account
pending resolution by agreement, Summary Judgment, or trial on the merits of this
action.
(d) Enjoining Intervention-Defendants and/or Reach & Apply Defendants from
alienating, conveying, transferring or hypothecating or otherwise disposing of any
attorney's fees, revenue, income, sales and/or beneficial interest held by the
Defendants, and/or Reach & Apply Defendants, without further Order of Court; and
(e) Enjoining Mr. D’ Angelo, individually and/or as Manager of D&H and DLG from
alienating, conveying, transferring or hypothecating or otherwise disposing of any
attorney's fees, revenue, income, sales and/orbeneficial interest held by the
Defendants, and/or Reach & Apply Defendants, without further Order of Court;
And for such further Relief as this Honorable Court deems fair and reasonable.
REQUEST FOR ORAL ARGUMENT.
I, Mernaysa Rivera-Bujosa, as Counsel for Intervention-Plaintiff, Jennifer M. Carrion,
respectfully request that this Honorable Court hold hearing on her Motion for Preliminary
Injunction in the interests of justice to allow necessary pre-judgment security to the
Plaintiffs claims that are highly likely to succeed at trial and payment of Executions.
Respectfully submitted,
JENNIFER M. CARRION
Intervention Plaintiff,
By her attorney,
Js/ Mernaysa Rivera-Bujosa
Mernaysa Rivera-Bujosa, Esq. (BBO #665965)
Rivera-Bujosa Law, P.C.
C-2 Shipway Place,
Charlestown, MA 02129
P: (617) 398-6728, F: (617) 389-6730;
E: mernaysa@riverabujosalaw.comCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 8 of 8
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I, Mernaysa Rivera-Bujosa, hereby certify that I conferred in good faith with Defendants in
an attempt to resolve this matter before filing this motion.
/s/ Merna: ivera-Bui
CERTIFICATE OF SE. CE
I, Mernaysa Rivera-Bujosa, hereby certify that this document filed through the ECF system
will be sent electronically to the registered participants as identified on the Notice of
Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered
participants on this date.
/s/ Mernaysa Rivera-Bujosa
Preview
Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 1 of WICVOIH4A 3 — UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS SABA HASHEM, individually & as Manager of D'Angelo & Hashem, LLC, Plaintiff/Defendant-in-Counterclaim v. Stephen D’Angelo, individually and asa Manager of D’Angelo & Hashem, LLC, and D'Angelo Law Group; D’Angelo & Hashem, LUC; and D’Angelo Law Group, LLC. Defendants/Plaintiffs-in-Counterclaim Jennifer M. Carrion, Intervention-Plaintiff, v. SABA HASHEM, STEPHEN D’ANGELO, D’ANGELO & HASHEM, LLC, D’ANGELO LAW GROUP, LLC. Intervention-Defendants, Reach and Apply Defendants ) eS SS No. 1:16-ev-12383-IT JENNIFER M, CARRION’S EMERGENCY MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTIONS AGAINST INTERVENTION-DEFENDANTS/ REACH & APPLY DEFENDANTS STEPHEN D’ANGELO & D°’ANGELO LAW GROUP LLC Now CoMEs the Intervention-Plaintiff, Jennifer M. Carrion, (‘Plaintiff or “Ms. Carrion”), who respectfully on an emergency basis moves this Honorable Court, pursuant to Fed. R. Civ. P. 65(a)(1) after notice and hearing, to issue Preliminary Injunctions against Stephen D’Angelo (“Mr. D’Angelo”) and/or D’Angelo Law Group LLC (‘DLG@”). Ms. Carrion moves this Court’s Order to protect about $190,000.00 in cash that can satisfy Ms. Carrion’s Executions presently deposited in DLG’s IOLTA or Mr. D’Angelo’ accounts, specifically by - 1. Enjoining DLG and/or Mr. D'Angelo from disbursing any potion of attorneys’ fees due in settlement for Suffolk Superior Court #1484 CV 01440-G, Maldonado et al. v. Toll Brothers (Exhibit “A” —Sup.Ct. at # 72, Stip. Dismissal, Nov.5, 2018 annexed to Memo. Law),Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 2 of 8 2. Ordering Mr. D'Angelo & DLG to deposit in a separate escrow interest-bearing account held by Ms. Carrion’s undersigned Counsel, or this Court, the attorney’s fees due in this matter estimated to be at least $190,000 presently, being 40% of the offered Judgment amount of $400,000.00 (Ex. B — Offer of Judgment, see also Exhibit C, Contingency Fee Agreement dated 01/06/2014, both annexed to Memo. Law); 8. Ordering that these attorney’s fees remain in escrow in an interest-bearing account pending resolution by agreement, Summary Judgment, or trial on the merits of this action. As Grounds therefore, Ms. Carrion has a high likelihood of prevailing on the merits that Mr. D’ Angelo and DLG are responsible to pay her Execution under several theories of liability, including and without limitation, successor liability or de facto merger doctrine, violation of M.G.L.A. 156C § 46, in violation of Superior Court Preliminary Injunction of July 12, 2012, willful dissipation of assets to fraudulently avoid creditor's claims, fraudulent transfer and in reach & apply. (Memo. Law, Exs)., Absent award of preliminary injunction, Ms. Carrion would be irreparably harmed and lose access to these funds that can remedy her harms. There will be little to no prejudice to Mr. D’ Angelo and DLG, which have already received close to (if not more than) a million dollars of attorney's fees from November 2015 through 2017 from D&H cases (Ex. D entitled McCoy Dep. Ex. 31 at Highlands, pages 6-7; see also 2016 Mr. Angelo’s W-2 salary annexed as Ex. E, see Ex. G, McCoy Dep at 89:19-96:20, all Exhibits annexed to Memo. Law). Ms. Carrion’s Executions against the law firm, D’Angelo & Hashem LLC (‘D&H”) & its partner, Mr. Saba Hashem total $580,285.55 today. (Schedule of Liability annexed to Memo. Law as Ex. F). These Executions have grown against D&H & Mr. Hashem from 2011 to the present (See Carrion Comp. at Paper #48). Mrs. Carrion has defended appeals from 2012 through 2014 successfully with Executions becoming final in or about June of 2015 (Id). D&H was in law practice business receiving over a million dollars of counsel feesCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 3 of 8 both in 2014 and 2015, yet still refused or failed to pay Ms. Carrion’s executions when able. (Ex. D annexed to Memo. Law, see also McCoy Deposition at 89:19-96:20, annexed to Memo, Law as Exhibit G, see also Exhibits O, P. Q, R, S). D&H, and its partners, Mr. D'Angelo & Mr. Hashem, were under Suffolk Superior Court preliminary injunction #0784 CV2073 to not dissipate the partnerships assets. (2007 Suffolk Sup. Ct Docket at 53-54 annexed to Memo. Law as Ex. H). Notwithstanding D& H and its partners willfully and recklessly disregarded the Superior Court's Injunction, which is why a separate escrow in an interest-bearing account is required to prevent further injustice. (See Exs. D, G, M, N, O, P, Q, R, S annexed to Memorandum of Law). Moreover, when Mr. Hashem faced suspension from the practice of law in or about November 2015, Mr. D’Angelo did not wind up nor dissolve D&H to pay its liabilities, such as Ms. Carrion’s executions. (Ex. G, McCoy Dep at 98:12-105:18; see also D’Angelo Dep. 07.25.2018, at 148:6-152:20 annexed to Memo. Law as Ex. “I”.) Rather Mr. D’Angelo filed the 2015 annual report for D&H in February 8, 2016, (Ex. I. D’Angelo Dep. at 110:12-21; Ex. G, McAvoy Dep. at 98:12-105:18, Ex, V— Annual Report) and contacted D&H clients about “continuing” with Mr. D’Angelo and his new firm, DLG. (Client Letter annexed to Memo. Law as Ex J; See also Ex. J, D’Angelo Dep at 159:12 — 165:18). Such failure to dissolve D&H and start DLG in November of 2015 with D&H employees, attorneys, equipment, work product, goodwill, was Mr. D’Angelo and DLG’s deceitful effort to prevent Ms. Carrion’s Execution from reaching those funds. (Ex. I, D’Angelo Dep At 43:17 — 44:22, 165: 8-18, 166: 17-18). Ms. Carrion will show these illegitimate efforts constitute fraudulent transfers to avoid her civil rights judgments. D&H did not disclose to itsCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 4 of 8 accountants that Carrion’s Executions were a liability to D&H. (ix. G, McAvoy Dep at 106:1-108:23, see also Ex. I, D’Angelo Dep at 157:3-159:11) The funds sought to be set aside by this preliminary injunction involve one of these eases, for which D&H was retained in January 6, 2014 for representation relating to the personal injuries and losses sustained by Mr. Maldonado in December 30, 2013. (Ex. C, 01/06/2014 Cont. Fee Agmt.). D&H assisted Mr. Maldonado with both his worker's compensation case and his personal injury case since days after his loss. (Ex. A)). Mr. Maldonado chose to “continue” as stated in the client choice letters with Mr. D'Angelo & DLG in or about October 2015. (Ex. J, CL Lttr). In or about January 6, 2017, DLG was paid 100% of the $120,000.00 in attorney’s fees earned in this client’s Workers Compensation lump sum agreement with no portion paid to D&H, not even expenses. (Ex. I, D'Angelo Dep at 21:3-23:17, 28:7-30:1) The funds sought to be escrowed by injunction stem from D&H’s legal services provided to this client with his related third-party claims when working at the Toll Brother Development in Methuen, where he fell from a roof. (Ex. I, D'Angelo Dep. at 24:10-22, 25:15-27:10; Ex. A-C, Ex. D, McCoy at page 8). In support thereof, the Plaintiff directs this Court to the Memorandum of Law and Deposition Testimony filed therewith, in addition to the following facts - 1. Without limitation, Ms. Carrion is owed substantially more (in excess of $580,000) by D&H jointly and severally than the $190,000.00 amount sought to escrowed and enjoined as D&H attorney's fees. 2. These Execution amounts do not include “fees on fees” for attorney’s fees and costs incurred by undersigned counsel collecting a civil right judgment;Case 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 5 of 8 3. Plaintiff Ms. Carrion knows of no viable defenses to contest the Executions that she has not been paid. 4, There are no known insurance policies applicable to this action. 5. Moreover, the Intervention-Defendant, Mr. Hashem, is presently subject to divorce proceedings, the automatic divorce restraining order since Fall of 2015, and a monthly $5000.00 child support order being paid from assets resulting in capital gain tax liability. (Divorce Docket annexed to Memo, Law as Ex. K). 6. Therefore, in the face of divorce and government creditors during the pendency of this action, this motion seeks the requested injunctions to prevent Mr. D’Angelo and DLG, as Defendants and/or Reach Apply Defendants, in control of and holding (without limitation) D&H fees, assets, good will, from dissipating, transferring, and/or conveying their assets in their names, and in the name of Reach & Apply Defendant, which is not yet subject to such liens and can begin to satisfy Ms. Carrion’s civil right Executions. 7. Because Plaintiff Ms. Carrion has a high likelihood of obtaining judgment; because the Defendants are subject to claims of other creditors; because there are no liens in the name of Mr. D’Angelo or DLG, the requested Injunctions are necessary to protect the Plaintiffs ability to recover her civil rights Execution. 8. Plaintiff Ms. Carrion has no adequate remedy at Law by which it can reach attorneys’ fees in the name of Mr, D’Angelo and/or DLG and cause these fees to be applied against its Executions against D&H and Mr. Hashem, jointly and severally, and expected Judgment against Mr. D'Angelo and DLG under all Counts of Intervention Plaintiffs Complaint.Case 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 6 of 8 9. Plaintiff in good faith avers that his Requests for Preliminary Injunctions framed hereafter are fair and reasonable, given the totality of circumstances in this action. This would afford Ms. Carrion the ability to reach and apply whatever monies Mr. D'Angelo & DLG have, arising from or connected with D&H to satisfy her Executions against D&H and expected Judgment against these Defendants and/or Reach & Apply Defendants. Most importantly, the preliminary injunctions requested would preserve a status quo between the parties until Ms. Carrion can obtain her Judgment on Complaint for Intervention and payment on her Executions. (Docket at 48) 10. Failing issuance of Preliminary Injunctions, Plaintiff avers there is a reasonable likelihood Mr. D’Angelo & DLG will undertake action to convey or alienate monies to prevent Ms. Carrion from having the ability to reach and apply these funds in their names to satisfy Executions against D&H and expected Judgment under the Intervention Complaint. Id, 11. Plaintiff respectfully requests that she not be required to post bond in light of the Defendants’ willful and egregious violations of law toward the Plaintiff. Absent the Court’s Preliminary Injunctions, the Plaintiff will suffer irreparable harms and injuries. WHEREFORE, Intervention-Plaintiff, Jennifer M. Carrion, moves that after Notice and Hearing, pursuant to Fed. R. Civ. P. 65 (a)(1), this Honorable Court issue Preliminary Injunctions, without requiring the Plaintiff posting bond as these orders protect the status quo: (a) Enjoining DLG and/or Mr. D’Angelo from disbursing any potion of attorneys’ fees due in settlement for Suffolk Superior Court #1484 CV 01440-G, Maldonado et al. v. Toll Brothers (Exhibit “A” -Sup.Ct. at # 72, Stip. Dismissal, Nov.5, 2018 annexed to Memo. Law),Case 1:16-cv-12383-IT Document155 Filed 11/15/18 Page 7 of 8 (b) Ordering Mr. D’Angelo & DLG to deposit in a separate interest-bearing account held by Ms. Carrion’s undersigned Counsel, or this Court, the attorney’s fees due in this matter estimated to be at least $190,000 presently, being 40% of the offered Judgment amount of $400,000.00 (Ex. B — Offer of Judgment, see also Exhibit C, Contingency Fee Agreement dated 01/06/2014, both annexed to Memo. Law); (© Ordering that these attorney’s fees remain in escrow in an interest-bearing account pending resolution by agreement, Summary Judgment, or trial on the merits of this action. (d) Enjoining Intervention-Defendants and/or Reach & Apply Defendants from alienating, conveying, transferring or hypothecating or otherwise disposing of any attorney's fees, revenue, income, sales and/or beneficial interest held by the Defendants, and/or Reach & Apply Defendants, without further Order of Court; and (e) Enjoining Mr. D’ Angelo, individually and/or as Manager of D&H and DLG from alienating, conveying, transferring or hypothecating or otherwise disposing of any attorney's fees, revenue, income, sales and/orbeneficial interest held by the Defendants, and/or Reach & Apply Defendants, without further Order of Court; And for such further Relief as this Honorable Court deems fair and reasonable. REQUEST FOR ORAL ARGUMENT. I, Mernaysa Rivera-Bujosa, as Counsel for Intervention-Plaintiff, Jennifer M. Carrion, respectfully request that this Honorable Court hold hearing on her Motion for Preliminary Injunction in the interests of justice to allow necessary pre-judgment security to the Plaintiffs claims that are highly likely to succeed at trial and payment of Executions. Respectfully submitted, JENNIFER M. CARRION Intervention Plaintiff, By her attorney, Js/ Mernaysa Rivera-Bujosa Mernaysa Rivera-Bujosa, Esq. (BBO #665965) Rivera-Bujosa Law, P.C. C-2 Shipway Place, Charlestown, MA 02129 P: (617) 398-6728, F: (617) 389-6730; E: mernaysa@riverabujosalaw.comCase 1:16-cv-12383-IT Document 155 Filed 11/15/18 Page 8 of 8 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 I, Mernaysa Rivera-Bujosa, hereby certify that I conferred in good faith with Defendants in an attempt to resolve this matter before filing this motion. /s/ Merna: ivera-Bui CERTIFICATE OF SE. CE I, Mernaysa Rivera-Bujosa, hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on this date. /s/ Mernaysa Rivera-Bujosa