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COMMONWEALTH OF MASSACHUSETTS ' ht
ESSEX, SS SUPERIOR court
C.A. No. 1667CV01419
I
SABA HASHEM, individual and as Manager
of D’Angelo & Hashem, LLC 4/23/2021
Plaintiff/Defendant-Intervenor
| RECEIVED
v.
STEPHEN D’ANGELO, individually and as a
Manager of D’Angelo & Hashem, LLC, and
D’Angelo Law Group, LLC, : |
Defendants/Defendant Intervenor, i
Reach and Apply Defendant,
v. i
JENNIFER M. CARRION, '
Plaintiff-Intervenor.
nen wf
PLAINTIFF-INTERVENORS’ OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE
TO EXCLUDE ANY REFERENCE TO THE JUDGMENT BY JURY VERDICT |
OBTAINED BY THE PLAINTIFF-INTERVENOR AGAINST D’ANGELO & HASHEM
LLC AND SABA HASHEM :
NOW COMES the Plaintiff-Intervenor, Jennifer M. Carrion, who hereby oppores the
Defendants’ Motion in Limine to exclude underlying verdict Ms. Carrion obtained against
D’Angelo & Hashem, LLC and Saba Hashem. AS GROUNDS THEREFORE, Ms. Carrion avers that
Judgment by Jury Verdict is indeed relevant to amounts owed by D’Angelo & Hashem, LLC,
Mr. D’Angelo, and D’ Angelo Law Group, LLC under inter alia the Massachusetts Fraudulent
Transfer Act. : I
The Ms. Carrion’s Judgment is against both D'Angelo & Hashem, LLC and Saba
\
Hashem, jointly and severally. Intervenor Complaint & its joint & several Executions attached
i
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Page 1 of 3 :as Exhibits A-E thereto, see also Proposed Joint Executions‘attached as Exhibit A, dated !
: i |
07/20/2016. !
As Exhibit A and the Intervention Complaint exhibits A-E show, the Defendants mislead
this Court stating that the judgment debt “has different percentages of culpability (90%
attributed to Mr. Hashem and 10% to his former law firm, D ‘Angelo & Hashem LLC).” Defs’
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Mot, Limine, pg. 1, 04/21/2021 compare with Exhibits A-E in Intervention Complaint and |
Exhibit A, attached.
Collection of Ms. Carrion’s M.G.L. Ch. 151B judgment is at the heart of her intervention.
D’Angelo & Hashem is in fact a Judgment-Debtor. Once Mr. Hashem was suspended, Mr.
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D’Angelo, as Manager & Member, had sole control and possession of D’Angelo & Hashem,
: |
LLC. Mr. D’Angelo refused to wind down the LLC as required by M.G.L.A. Ch.156C $46 to,
defraud, hinder, and delay pay Ms. Carrion. Mr. D’Angelo transferred funds, receivables, assets,
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away from the Judgment-Creditor to his successor firm in violation of the Massachusetts
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Fraudulent Transfer Act.
Moreover, Mr. D“Angelo, as Manager and Member of D&H, refused, failed and/or
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neglected to pay Ms. Carrion’s judgment, despite D’ Angelo & Hashem LLC having the ability to
pay the same from 2014 through Mr. Hashem’s suspension. This further violates the ; |
Massachusetts Fraudulent Transfer Act. ;
WHEREFORE, the Plaintiff-Intervenor requests this Court to DENY the Defendants’
‘ |
Motion in Limine to exclude her Judgment by Jury Verdict against D’Angelo & Hashem & Mr.
Hashem, because Ms. Carrion’s intervention is in fact inter alia a collection of her M.G.L.
Chapter 151B Judgment by Jury Verdict. : im
Respectfully Submitted,
The Plaintiff-Intervenor, 4
Page 2 of 3: :
Jennifer M. Carrion : !
By her Counsel,
/s Mernaysa Rivera-Bujosa
Mernaysa Rivera-Bujosa, Esquire :
Rivera-Bujosa Law, PC |
Shipway Place, Suite C2
Charlestown Navy Yard
Boston, Massachusetts 02129
Telephone: (617) 398 — 6728
Facsimile: (617) 398 - 6730
E-mail: Mernaysa@riverabujosalaw.com
BBO no.: 665965
CERTIFICATE OF SERVICE
I, Mernaysa Rivera-Bujosa, Esq., do herewith certify that I have on this 23 day of April 2021, 1
served a copy of the within document by email upon parties and counsel appeared in this action,
to wit: via email and electronic filing upon - ,
Thomas C. LaPorte, Esq. Cossingham Law Office, PC
30 Massachusetts Avenue, Suite 404, North Andover, MA 01845,
tlaporte@cossinghamlaw.com
Saba Hashem, shceh@yahoo.com, 318 Broadway Methuen MA 01844 : | | |
/s Mernaysa Rivera-Bujosa
Mernaysa Rivera-Bujosa, Esquire ha
Page 3 of 3. Burn, SS.
So cpdersok
Pollo
‘following Executions would issue in lieu of the Execution in the amount of $395,404.06 on
Exhibit A to Plaintiff-Intervenor Opposition
67
COMMONWEALTH OF MASSACHUSETTS
Superior Court i
Civil Action 0784CV02073
JENNIFER CARRION,
Plaintiff
v.
SABA HASHEM and
D’ANGELO & HASHEM, LLC,
Defendants
Ne eee
Court-Ordered Joint Proposed Executions
| |
Defendant Saba Hashem brought a Motion entitled Ex Parte Motion to Vacate dxecution
Dated June 12, 2015 In the Amount of $395,404.06 (“Motion”). Plaintiff Jennifer Canion filed
an Opposition to same. .
At hearing on said Motion on July 12, 2016, the Court took the matter under advisement.
The Court also ordered the parties to submit Joint Proposed Executions.
The Plaintiff does not waive her Opposition to said Motion or her rights to appeal.
However, because the Court ordered the parties to submit Joint Proposed Executions,
Plaintiff states that if the Court grants Defendant Hashem’s Motion, the parties agree that the
which Defendant Hashem and Defendant law firm D’ Angelo & Hashem, LLC were jointly and
severally liable: |
' }
1, Execution against Saba Hashem individually in the amount of $29,419.18, which
. 1
consists of a $14,000 jury award plus statutory interest calculated at 12% per annum from}
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a I
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May 14, 2007, the date of the filing of the Compt, to July 15, 2016 and continuing|to
accrue interest at 12% per annum from July 16, 2016 until the Execution is fully satisfied.
2, Execution against D’Angelo & Hashem, LLC in the amount of $180,717.81. i
consists of a $14,000 jury award plus a $72,000 j jury award, both with statutory interest
calculated at 12% per annum from May 14, 2007, the date of the filing of the com
to July 15, 2016 and continuing to accrue interest at 12% per annum from July 16, 2016
i
until the Execution is fully satisfied, , | |
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3. Execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and
1
severally for $214,692.57, which consists of attomey’s fees and costs in the arhount of
$143,374.54 that was awarded by the Trial Court against Saba Hashem and D'Angelo &
Hashem, LLC, jointly and severally, on May 24, 2012 plus statutory interest calculated at
12% per annum from May 24, 2012, the date of the award, to July 15, 2016 and i
continuing to accrue interest at 12% per annum from July 16, 2016 until the Execution is
fully satisfied. 7
4. Execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and
severally for $3,309.48, which consists of the December 3, 2015 award by the Supreme |
Judicial Court of $3,081.53 in SJC attorney’s fees and costs against Saba Hashem and
D'Angelo & Hashem, LLC, jointly and severally, plus statutory interest caleulafed at '
12% per annum from December 3, 2015 to July 15, 2016 and continuing to score | ;
interest at 12% per annum from July 16, 2016 until the Execution is fully satisfied.
5. Please Note that the Execution on Attorney’s Fees and Costs Awarded by the
Appeals Court Remains in Full Force and Effect:. The parties agree that the June
1
12, 2015 execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and
1
|severally, in the amount of $61,909.71, which consists of the award by the Appeals |
Court on April 1, 2015 of appellate attorney’s fees and costs of $61,075.11 with interest
to the date of the June 12, 2015 remains in full force and effect; and that said execution
has continued to accrue statutory interest calculated at 12% per annum, such that as 0!
|
July 15, 2016, the amount due is $70,532.55, and that this Execution shall continue ito
accrue interest at 12% per annum from July 16, 2016 until the Execution is filly satisfied.
. Therefore, if the Court grants Defendant Hashem’s Motion the total amounts due as of
July 15, 2016 are as follows:
(a) From Saba Hashem individually and jointly and severally: $317,953.78
($29,419.18 + $214,692.57 + $3,309.48 + $70,532.55)
(b) From D’Angelo & Hashem, LLC individually and jointly and severally:
$469,252.41
($180,717.81 + $214,692.57 + $3,309.48 + $70,532.55)
. The total amount of damages due to Jennifer Carrion from Saba Hashem and from
D’Angelo & Hashem, LLC as of July 15, 2016 is $498,671.59
($29,419.18 + $180,717.81 + $214,692.57 + $3,309.48 + $70,532.55)
. Ifthe Court grants Defendant Hashem’s Motion, the Execution for $395,404.06 Dated
June 12, 2015 shall remain in effect until the Court issues the Executions as set forth
above in paragraphs 1, 2, 3 and 4. . |
Jennifer Carrion
By her attorneys,Fon! & Glazer :
20 Melrose St. |
Boston, MA 02116 !
(617) 451-2300 : '
galeglazer@aol.com :
Michaela C. May, Esq. (BBO # 676834)
Law Office of MichaelaC. May .
400 Massachusetts Avenue, Sutie B
Arlington, MA 02474 i
(617) 863-6529 |
attorneymay@gmail.com
Wendy A. Kaplan, Esq. (BBO# 259360) |
Law Office of Wendy A. Kaplan ,
20 Melrose St. !
Boston, MA 02116 '
(617) 557-4114
wendykaplan@aol.com
Saba Hashem
By his attomey,
Albert c- fared Te
be Seg |
Albert L. Farrah, Jr., Esq. (BBO # 159340)
Farrah & Farrah
321 Columbus Avenue
Boston, MA 02116
(617) 742-7766 :
alf@farrah-law.com H |
Preview
COMMONWEALTH OF MASSACHUSETTS ' ht ESSEX, SS SUPERIOR court C.A. No. 1667CV01419 I SABA HASHEM, individual and as Manager of D’Angelo & Hashem, LLC 4/23/2021 Plaintiff/Defendant-Intervenor | RECEIVED v. STEPHEN D’ANGELO, individually and as a Manager of D’Angelo & Hashem, LLC, and D’Angelo Law Group, LLC, : | Defendants/Defendant Intervenor, i Reach and Apply Defendant, v. i JENNIFER M. CARRION, ' Plaintiff-Intervenor. nen wf PLAINTIFF-INTERVENORS’ OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE ANY REFERENCE TO THE JUDGMENT BY JURY VERDICT | OBTAINED BY THE PLAINTIFF-INTERVENOR AGAINST D’ANGELO & HASHEM LLC AND SABA HASHEM : NOW COMES the Plaintiff-Intervenor, Jennifer M. Carrion, who hereby oppores the Defendants’ Motion in Limine to exclude underlying verdict Ms. Carrion obtained against D’Angelo & Hashem, LLC and Saba Hashem. AS GROUNDS THEREFORE, Ms. Carrion avers that Judgment by Jury Verdict is indeed relevant to amounts owed by D’Angelo & Hashem, LLC, Mr. D’Angelo, and D’ Angelo Law Group, LLC under inter alia the Massachusetts Fraudulent Transfer Act. : I The Ms. Carrion’s Judgment is against both D'Angelo & Hashem, LLC and Saba \ Hashem, jointly and severally. Intervenor Complaint & its joint & several Executions attached i . 1 Page 1 of 3 :as Exhibits A-E thereto, see also Proposed Joint Executions‘attached as Exhibit A, dated ! : i | 07/20/2016. ! As Exhibit A and the Intervention Complaint exhibits A-E show, the Defendants mislead this Court stating that the judgment debt “has different percentages of culpability (90% attributed to Mr. Hashem and 10% to his former law firm, D ‘Angelo & Hashem LLC).” Defs’ ' I Mot, Limine, pg. 1, 04/21/2021 compare with Exhibits A-E in Intervention Complaint and | Exhibit A, attached. Collection of Ms. Carrion’s M.G.L. Ch. 151B judgment is at the heart of her intervention. D’Angelo & Hashem is in fact a Judgment-Debtor. Once Mr. Hashem was suspended, Mr. ' D’Angelo, as Manager & Member, had sole control and possession of D’Angelo & Hashem, : | LLC. Mr. D’Angelo refused to wind down the LLC as required by M.G.L.A. Ch.156C $46 to, defraud, hinder, and delay pay Ms. Carrion. Mr. D’Angelo transferred funds, receivables, assets, ‘ 1 away from the Judgment-Creditor to his successor firm in violation of the Massachusetts ‘ i Fraudulent Transfer Act. Moreover, Mr. D“Angelo, as Manager and Member of D&H, refused, failed and/or ' | | | | neglected to pay Ms. Carrion’s judgment, despite D’ Angelo & Hashem LLC having the ability to pay the same from 2014 through Mr. Hashem’s suspension. This further violates the ; | Massachusetts Fraudulent Transfer Act. ; WHEREFORE, the Plaintiff-Intervenor requests this Court to DENY the Defendants’ ‘ | Motion in Limine to exclude her Judgment by Jury Verdict against D’Angelo & Hashem & Mr. Hashem, because Ms. Carrion’s intervention is in fact inter alia a collection of her M.G.L. Chapter 151B Judgment by Jury Verdict. : im Respectfully Submitted, The Plaintiff-Intervenor, 4 Page 2 of 3: : Jennifer M. Carrion : ! By her Counsel, /s Mernaysa Rivera-Bujosa Mernaysa Rivera-Bujosa, Esquire : Rivera-Bujosa Law, PC | Shipway Place, Suite C2 Charlestown Navy Yard Boston, Massachusetts 02129 Telephone: (617) 398 — 6728 Facsimile: (617) 398 - 6730 E-mail: Mernaysa@riverabujosalaw.com BBO no.: 665965 CERTIFICATE OF SERVICE I, Mernaysa Rivera-Bujosa, Esq., do herewith certify that I have on this 23 day of April 2021, 1 served a copy of the within document by email upon parties and counsel appeared in this action, to wit: via email and electronic filing upon - , Thomas C. LaPorte, Esq. Cossingham Law Office, PC 30 Massachusetts Avenue, Suite 404, North Andover, MA 01845, tlaporte@cossinghamlaw.com Saba Hashem, shceh@yahoo.com, 318 Broadway Methuen MA 01844 : | | | /s Mernaysa Rivera-Bujosa Mernaysa Rivera-Bujosa, Esquire ha Page 3 of 3. Burn, SS. So cpdersok Pollo ‘following Executions would issue in lieu of the Execution in the amount of $395,404.06 on Exhibit A to Plaintiff-Intervenor Opposition 67 COMMONWEALTH OF MASSACHUSETTS Superior Court i Civil Action 0784CV02073 JENNIFER CARRION, Plaintiff v. SABA HASHEM and D’ANGELO & HASHEM, LLC, Defendants Ne eee Court-Ordered Joint Proposed Executions | | Defendant Saba Hashem brought a Motion entitled Ex Parte Motion to Vacate dxecution Dated June 12, 2015 In the Amount of $395,404.06 (“Motion”). Plaintiff Jennifer Canion filed an Opposition to same. . At hearing on said Motion on July 12, 2016, the Court took the matter under advisement. The Court also ordered the parties to submit Joint Proposed Executions. The Plaintiff does not waive her Opposition to said Motion or her rights to appeal. However, because the Court ordered the parties to submit Joint Proposed Executions, Plaintiff states that if the Court grants Defendant Hashem’s Motion, the parties agree that the which Defendant Hashem and Defendant law firm D’ Angelo & Hashem, LLC were jointly and severally liable: | ' } 1, Execution against Saba Hashem individually in the amount of $29,419.18, which . 1 consists of a $14,000 jury award plus statutory interest calculated at 12% per annum from} | a I | May 14, 2007, the date of the filing of the Compt, to July 15, 2016 and continuing|to accrue interest at 12% per annum from July 16, 2016 until the Execution is fully satisfied. 2, Execution against D’Angelo & Hashem, LLC in the amount of $180,717.81. i consists of a $14,000 jury award plus a $72,000 j jury award, both with statutory interest calculated at 12% per annum from May 14, 2007, the date of the filing of the com to July 15, 2016 and continuing to accrue interest at 12% per annum from July 16, 2016 i until the Execution is fully satisfied, , | | | i 3. Execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and 1 severally for $214,692.57, which consists of attomey’s fees and costs in the arhount of $143,374.54 that was awarded by the Trial Court against Saba Hashem and D'Angelo & Hashem, LLC, jointly and severally, on May 24, 2012 plus statutory interest calculated at 12% per annum from May 24, 2012, the date of the award, to July 15, 2016 and i continuing to accrue interest at 12% per annum from July 16, 2016 until the Execution is fully satisfied. 7 4. Execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and severally for $3,309.48, which consists of the December 3, 2015 award by the Supreme | Judicial Court of $3,081.53 in SJC attorney’s fees and costs against Saba Hashem and D'Angelo & Hashem, LLC, jointly and severally, plus statutory interest caleulafed at ' 12% per annum from December 3, 2015 to July 15, 2016 and continuing to score | ; interest at 12% per annum from July 16, 2016 until the Execution is fully satisfied. 5. Please Note that the Execution on Attorney’s Fees and Costs Awarded by the Appeals Court Remains in Full Force and Effect:. The parties agree that the June 1 12, 2015 execution against Saba Hashem and D’Angelo & Hashem, LLC, jointly and 1 |severally, in the amount of $61,909.71, which consists of the award by the Appeals | Court on April 1, 2015 of appellate attorney’s fees and costs of $61,075.11 with interest to the date of the June 12, 2015 remains in full force and effect; and that said execution has continued to accrue statutory interest calculated at 12% per annum, such that as 0! | July 15, 2016, the amount due is $70,532.55, and that this Execution shall continue ito accrue interest at 12% per annum from July 16, 2016 until the Execution is filly satisfied. . Therefore, if the Court grants Defendant Hashem’s Motion the total amounts due as of July 15, 2016 are as follows: (a) From Saba Hashem individually and jointly and severally: $317,953.78 ($29,419.18 + $214,692.57 + $3,309.48 + $70,532.55) (b) From D’Angelo & Hashem, LLC individually and jointly and severally: $469,252.41 ($180,717.81 + $214,692.57 + $3,309.48 + $70,532.55) . The total amount of damages due to Jennifer Carrion from Saba Hashem and from D’Angelo & Hashem, LLC as of July 15, 2016 is $498,671.59 ($29,419.18 + $180,717.81 + $214,692.57 + $3,309.48 + $70,532.55) . Ifthe Court grants Defendant Hashem’s Motion, the Execution for $395,404.06 Dated June 12, 2015 shall remain in effect until the Court issues the Executions as set forth above in paragraphs 1, 2, 3 and 4. . | Jennifer Carrion By her attorneys,Fon! & Glazer : 20 Melrose St. | Boston, MA 02116 ! (617) 451-2300 : ' galeglazer@aol.com : Michaela C. May, Esq. (BBO # 676834) Law Office of MichaelaC. May . 400 Massachusetts Avenue, Sutie B Arlington, MA 02474 i (617) 863-6529 | attorneymay@gmail.com Wendy A. Kaplan, Esq. (BBO# 259360) | Law Office of Wendy A. Kaplan , 20 Melrose St. ! Boston, MA 02116 ' (617) 557-4114 wendykaplan@aol.com Saba Hashem By his attomey, Albert c- fared Te be Seg | Albert L. Farrah, Jr., Esq. (BBO # 159340) Farrah & Farrah 321 Columbus Avenue Boston, MA 02116 (617) 742-7766 : alf@farrah-law.com H |