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COMMONWEALTH OF MASSACHUSETTS
180
ESSEX, SS SUPERIOR COURT
SABA HASHEM, individually, and as a *
Member of, and derivatively on behalf of, * 4/14/2021
D’ANGELO and HASHEM, LLC. *
Plaintiff * Civil Action No. 1677-CV-01419
*
v. *
*
STEPHEN L. D’ANGELO, D’ANGELO *
LAW GROUP, LLC, and D’ANGELO *
AND HASHEM, LLC. *
Defendants *
*
v. *
*
JENNIFER M. CARRION *
Plaintiff-Intervenor
EMERGENCY MOTION FOR AN ORDER RELEASING THE RETAINER AMOUNT
REQUIRED BY DEFENDANTS’ EXPERT WITNESS, IN THE AMOUNT OF TEN
THOUSAND ($10,000.00) DOLLARS, FROM FEES ORDERED HELD IN ESCROW TO
DEFENDANTS’ COUNSEL
NOW COME, Defendants through and by their counsel, Thomas LaPorte, ESQ., and
moves this Honorable Court on an emergency basis for an order releasing ten thousand
($10,000.00) dollars from the monies ordered held in escrow to Defendants’ counsel, which is
being required by Defendants’ expert witness, Erin K. Higgins, Esq., Partner of Conn,
Kavanaugh, Rosenthal, Peisch & Ford, LLP., 1 Federal St., #15th, Boston, MA 01220.
The parties in the above-captioned case were before Justice Deakin in this case on April
9, 2021 at 11:00 a.m. where motions brought by the Defendant, and opposing documents filed by
the Intervenor-Plaintiff, were heard.
During the course of that hearing, the Honorable Court allowed Intervenor-Plaintiff’s
counsel until April 28, 2021 to file any objection or opposition to Defendant’s Motion for an
order to be paid from said funds ordered held, as per Defendant’s counsel’s 5th Revised
Affidavit, Notice of Statutory Lien pursuant to M. G. L.’s policy 221, § 50, (which permits the
court to enforce said lien as part of any order it may make favorable to the Defendants’) as well
as the verbal motion during the course of said hearing in response to Justice Deakin’s inquiry and
confirmation Defendants were moving for said relief, (based upon the Defendant’s fundamental
right to representation by counsel.)
As grounds here for, like the Intervenor-Plaintiff, the Defendants are also and likewise in
a position where it is in the throes of preparing for a jury trial, which is scheduled to commence
May 17, 2021. Defendants, arguably have a larger task, insofar as they are litigating against two
(2) opponents’ claims, as well as litigating their counterclaim against the Plaintiff.
More specifically, both the Plaintiff, individually and derivatively, and the Defendants have
alleged each has breached fiduciary duties to each other. Attorney Higgins has been disclosed, as
has her summaries of opinion with her curriculum vitae in a timely manner as part of the parties
previously filed Joint Pretrial Memorandum. Attorney Higgins’ testimony is critical to defending
against Plaintiff’s claims as well as offering expert witness to assist the jury, and understanding
whether under the relatively unique factual circumstances of this case, Defendants acted
ethically, and in compliance with the professional rules governing attorneys, and not in violation
of any fiduciary duties, when it formed a new entity, which entered into new contracts with
former D’Angelo and Hashem and, LLC clients.
Moreover, the expert analysis opinion and testimony that needs to be developed not only
is critically relevant to the claims between the Plaintiff and the Defendants, but necessarily bears
upon the Intervenor-Plaintiff claims that these very events evidenced fraudulent “transfers” and
an attempt to avoid a debt within the meaning of the Massachusetts Uniform Fraudulent Transfer
Act, § 5 and 6, which is alleged in Intervenor Plaintiff’s Intervention-Complaint.
Because of Defendant’s difficulty in paying, and challenged financial resources, that
continue to exist, expert Higgins has required a ten thousand ($10,000.00) dollar retainer to
begin her preparation for trial, including for presentation of her testimony and defense of her
conclusions on cross-examination. There is a lot for expert Higgins to review, and she needs to
begin to do so now, in order to be effective as part of the Defendant’s defenses and to support its
Counterclaim.
Accordingly, since the scheduled trial is slated to begin on May 17, 2021, thirty-three
(33) calendar days from the date of the preparation of this Motion, today, April 14, 2021, the
defendants move on an emergency basis for an order requiring Daniel C. DeBruycker, Esq., and
Law Office of Daniel C. DeBruyckere or as well as requiring Defendants to release the amount
of ten thousand ($10,000.00) dollars directly to Defendants’ counsel who shall immediately
remit to said sum directly to expert Attorney Higgins.
Respectfully Submitted,
Defendants
By their Attorney
/s/Thomas C. LaPorte_____
Thomas C. LaPorte, Esquire
BBO #634194
COSSINGHAM LAW OFFICE, PC
30 Massachusetts Ave., Suite 404
N. Andover, MA 01845
Tel: 978-685-5686
tlaporte@cossinghamlaw.com
SO ORDERED: ______________
I hereby issue an Order requiring Daniel C. DeBruycker, Esq., and the Law Office
of Daniel C. DeBruyckere and/or requiring Defendants as well to release the amount of ten
thousand ($10,000.00) dollars directly to Defendants’ counsel, Thomas C. LaPorte, Esq., who
shall immediately remit to said sum directly to expert Attorney Higgins, for the purposes on
satisfying Defendants’ retainer obligation to Attorney Higgins, only.
Date: ___________________ ___________________________
Signature of Justice
Essex Superior Court
___________________________
Printed name of Justice
CERTIFICATE OF SERVICE
I, Thomas C. LaPorte, Esq., state that on this day a copy of the foregoing Emergency
Motion for An Order Releasing the Retainer Amount Required by Defendants’ Expert Witness,
In the Amount of Ten Thousand ($10,000.00.00) Dollars from Fees Ordered Held in Escrow to
Defendants’ Counsel, has been e-filed with Essex Superior Court and served on the following via
email through the court’s electronic filing system to all attorneys and to all other parties who
have entered electronic service contacts (email addresses) in this case. I am mailing or hand
delivering copies to all other interested parties.
Mernaysa Rivera-Bujosa, Esq.
Rivera Bujosa Law, PC
Shipway Place, Unit C2
The Charlestown Navy Yard
Charlestown, MA 02129
mernaysa@riverabujosalaw.com
Albert I. Farrah, Esq.
Farrah and Farrah
800 Boylston Street, Suite 1600
Boston, MA 02199
Email: alf@farrah-law.com
Dated: April 14, 2021 /s/ Thomas C. LaPorte_________________
Thomas C. LaPorte, Esquire
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COMMONWEALTH OF MASSACHUSETTS 180 ESSEX, SS SUPERIOR COURT SABA HASHEM, individually, and as a * Member of, and derivatively on behalf of, * 4/14/2021 D’ANGELO and HASHEM, LLC. * Plaintiff * Civil Action No. 1677-CV-01419 * v. * * STEPHEN L. D’ANGELO, D’ANGELO * LAW GROUP, LLC, and D’ANGELO * AND HASHEM, LLC. * Defendants * * v. * * JENNIFER M. CARRION * Plaintiff-Intervenor EMERGENCY MOTION FOR AN ORDER RELEASING THE RETAINER AMOUNT REQUIRED BY DEFENDANTS’ EXPERT WITNESS, IN THE AMOUNT OF TEN THOUSAND ($10,000.00) DOLLARS, FROM FEES ORDERED HELD IN ESCROW TO DEFENDANTS’ COUNSEL NOW COME, Defendants through and by their counsel, Thomas LaPorte, ESQ., and moves this Honorable Court on an emergency basis for an order releasing ten thousand ($10,000.00) dollars from the monies ordered held in escrow to Defendants’ counsel, which is being required by Defendants’ expert witness, Erin K. Higgins, Esq., Partner of Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP., 1 Federal St., #15th, Boston, MA 01220. The parties in the above-captioned case were before Justice Deakin in this case on April 9, 2021 at 11:00 a.m. where motions brought by the Defendant, and opposing documents filed by the Intervenor-Plaintiff, were heard. During the course of that hearing, the Honorable Court allowed Intervenor-Plaintiff’s counsel until April 28, 2021 to file any objection or opposition to Defendant’s Motion for an order to be paid from said funds ordered held, as per Defendant’s counsel’s 5th Revised Affidavit, Notice of Statutory Lien pursuant to M. G. L.’s policy 221, § 50, (which permits the court to enforce said lien as part of any order it may make favorable to the Defendants’) as well as the verbal motion during the course of said hearing in response to Justice Deakin’s inquiry and confirmation Defendants were moving for said relief, (based upon the Defendant’s fundamental right to representation by counsel.) As grounds here for, like the Intervenor-Plaintiff, the Defendants are also and likewise in a position where it is in the throes of preparing for a jury trial, which is scheduled to commence May 17, 2021. Defendants, arguably have a larger task, insofar as they are litigating against two (2) opponents’ claims, as well as litigating their counterclaim against the Plaintiff. More specifically, both the Plaintiff, individually and derivatively, and the Defendants have alleged each has breached fiduciary duties to each other. Attorney Higgins has been disclosed, as has her summaries of opinion with her curriculum vitae in a timely manner as part of the parties previously filed Joint Pretrial Memorandum. Attorney Higgins’ testimony is critical to defending against Plaintiff’s claims as well as offering expert witness to assist the jury, and understanding whether under the relatively unique factual circumstances of this case, Defendants acted ethically, and in compliance with the professional rules governing attorneys, and not in violation of any fiduciary duties, when it formed a new entity, which entered into new contracts with former D’Angelo and Hashem and, LLC clients. Moreover, the expert analysis opinion and testimony that needs to be developed not only is critically relevant to the claims between the Plaintiff and the Defendants, but necessarily bears upon the Intervenor-Plaintiff claims that these very events evidenced fraudulent “transfers” and an attempt to avoid a debt within the meaning of the Massachusetts Uniform Fraudulent Transfer Act, § 5 and 6, which is alleged in Intervenor Plaintiff’s Intervention-Complaint. Because of Defendant’s difficulty in paying, and challenged financial resources, that continue to exist, expert Higgins has required a ten thousand ($10,000.00) dollar retainer to begin her preparation for trial, including for presentation of her testimony and defense of her conclusions on cross-examination. There is a lot for expert Higgins to review, and she needs to begin to do so now, in order to be effective as part of the Defendant’s defenses and to support its Counterclaim. Accordingly, since the scheduled trial is slated to begin on May 17, 2021, thirty-three (33) calendar days from the date of the preparation of this Motion, today, April 14, 2021, the defendants move on an emergency basis for an order requiring Daniel C. DeBruycker, Esq., and Law Office of Daniel C. DeBruyckere or as well as requiring Defendants to release the amount of ten thousand ($10,000.00) dollars directly to Defendants’ counsel who shall immediately remit to said sum directly to expert Attorney Higgins. Respectfully Submitted, Defendants By their Attorney /s/Thomas C. LaPorte_____ Thomas C. LaPorte, Esquire BBO #634194 COSSINGHAM LAW OFFICE, PC 30 Massachusetts Ave., Suite 404 N. Andover, MA 01845 Tel: 978-685-5686 tlaporte@cossinghamlaw.com SO ORDERED: ______________ I hereby issue an Order requiring Daniel C. DeBruycker, Esq., and the Law Office of Daniel C. DeBruyckere and/or requiring Defendants as well to release the amount of ten thousand ($10,000.00) dollars directly to Defendants’ counsel, Thomas C. LaPorte, Esq., who shall immediately remit to said sum directly to expert Attorney Higgins, for the purposes on satisfying Defendants’ retainer obligation to Attorney Higgins, only. Date: ___________________ ___________________________ Signature of Justice Essex Superior Court ___________________________ Printed name of Justice CERTIFICATE OF SERVICE I, Thomas C. LaPorte, Esq., state that on this day a copy of the foregoing Emergency Motion for An Order Releasing the Retainer Amount Required by Defendants’ Expert Witness, In the Amount of Ten Thousand ($10,000.00.00) Dollars from Fees Ordered Held in Escrow to Defendants’ Counsel, has been e-filed with Essex Superior Court and served on the following via email through the court’s electronic filing system to all attorneys and to all other parties who have entered electronic service contacts (email addresses) in this case. I am mailing or hand delivering copies to all other interested parties. Mernaysa Rivera-Bujosa, Esq. Rivera Bujosa Law, PC Shipway Place, Unit C2 The Charlestown Navy Yard Charlestown, MA 02129 mernaysa@riverabujosalaw.com Albert I. Farrah, Esq. Farrah and Farrah 800 Boylston Street, Suite 1600 Boston, MA 02199 Email: alf@farrah-law.com Dated: April 14, 2021 /s/ Thomas C. LaPorte_________________ Thomas C. LaPorte, Esquire