Preview
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
Docketed 12/22/2023
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. SUPERIOR COURT DEPT.
IN RE:
CIVIL ACTION NO.; 2882CV07166
APPLICATION OF RALPH MATARAZZO
FOR AN ORDER PURSUANT TO
M.G.L. CH. 223A, § 11
APPLICATION FOR ORDER FOR ISSUANCE OF SUBPOENA
INSIDE COMMONWEALTH FOR PROCEEEDING IN TRIBUNAL
QUTSIDE COMMONWEALTH PURSUANT TO M.G.L. CH. 223A, § 11
Ralph Matarazzo hereby applies to this Court pursuant to the provisions of M.G.L
Ch. 223A, § 11 for an Order allowing the service of subpoenas upon the following:
Eric Lussier
Minsk, Gould, Tattrie & Lussier, LLP
105 Easter Avenue, Suite 21
Dedham, MA 02026
Ralph Matarazzo hereby applies for an order directing Eric Lussier to produce
documents and appear for deposition and give testimony for use in proceedings related to
the estate of his father now pending in the Probate Court of Georgia, County of
Columbia, entitled Jn Re: Estate of Ralph D. Matarazzo., bearing Estate No. 2023-0188
(the “Georgia Action”). The documents and testimony sought are relevant, material, and
necessary to the issues involved in the Georgia Action.
As grounds for this application, Ralph Matarazzo states as follows:
1 Eric Lussier maintains records, including but not limited to
communications, emails, text messages, telephone messages, financial statements, notes,
and tax returns, pertaining to Mr. Matarazzo’s deceased father and his estate.
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
2 Mr. Matarazzo requests that this honorable Court order Eric Lussier to
appear for deposition and produce relevant documents by 1:00 PM on January 31, 2024, at
the offices of Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701, Boston,
MA.
3 In support of this application, the undersigned states that Mr. Matarazzo
has obtained a Commission from the Probate Court of Georgia, County of Columbia (the
“Georgia Order”). A copy of the Georgia Order is attached hereto as Exhibit A.
4 A copy of the proposed subpoena is attached as Exhibit B.
5 For the Court’s convenience, a copy of a Proposed Order is attached
hereto as Exhibit C.
WHEREFORE, the undersigned applicant respectfully requests that this Court:
1 Issue an Order authorizing the undersigned (a) to issue subpoenas to
Erie Lussier in accordance with the procedure of Mass. R. Civ. P.
30(b)(6) and 45, to compel the deposition and production of documents
as specified in the Georgia Order, and (b) to have said subpoenas served
on Eric Lussier.
Authorize any Notary Public of the Commonwealth of Massachusetts
to issue the subpoena.
3. Take any other action it deems appropriate.
RESPECTFULLY SUBMITTED,
Ralph Matarazzo,
By his attorneys,
Chan Davee
Ethan Z. Davis (BBO #668973)
edavis@tddlegal.com
TYMANN, DAVIS & DUFFY LLP
One Boston Place, Suite 2600
Boston, MA 02108
(617) 933-9490
Dated: December 22, 2023
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
EXHIBIT A
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
IN THE PROBATE COURT OF COLUMBIA COUNTY
STATE OF GEORGIA
||
IN RE: ESTATE OF {'
ESTATE NO. 2023-0188
RALPH D. MATARAZZO,
Deceased.
COMMISSION
TO: Middlesex County, Clerk of Court
You are hereby given full authority, pursuant to the Uniform Foreign
Depositions Act, to issue a Subpoena Duces Teeum for the taking of a
deposition on oral examination under oath of Eric D. Lussier, CPA, at the
offices of Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701,
Boston, MA 02109 at 1:00 p.m. on the 31° day of January 2024.
After the deposition has been completed, the testimony of the witness
will be transcribed and mailed to Robert W. Hughes, Jr., Robert W. Hughes &
Associates, P.C., 390 W. Crogan St., Suite 230, Lawrenceville, GA 30046,
with the title and document number of this case endorsed on the envelope
and the envelope sealed.
Bh a
!I
ry
SO ORDERED, this Ld fm
MARA ve
Judge, Probate Court of ‘olumbia County
v
This Commission prepared by on :
rs i A, GUE -UMBIA COUN
Sot
eile
LE NOE
5 THS. k
Te) Ae GAY as
Aw ina sone
br FRO! re oO a
Georgia State Bar No. 233011
Attorney for the Caveator
ett Ap Da ‘a 5101 ad ado Clerk » Comms ah i
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
IN THE PROBATE COURT OF COLUMBIA COUNTY
STATE OF GEORGIA
|
i
IN RE: ESTATE OF
| ESTATE NO. 2023-0188
RALPH D. MATARAZZO,
Deceased.
||
CERTIFICATE OF SERVICE
Amy Macrina, Counsel for Caveator hereby certifies that she served a
copy of the within Commission — Eric Lussier, CPA, upon all parties by
depositing the same in the United States Mail with adequate postage affixed
thereto to ensure delivery addressed as follows:
Steven L. Sanders, Esq.
Fulcher Hagler, LLP
P.O. Box 1477
Augusta, Georgia 30903
Dom
This day of New. 2023.
ROBERT W. HUGHES & ASSOCIATES, P.C,
-
Byicek. a &
Amy Macrina
State of Georgia Bar No.: 233011
Attorney for Ralph R. Matarazzo
390 West Crogan Street, Suite 230
Lawrenceville, Georgia 30046
770-469-8887
whineit Ap B1TGEAS WeR8SOT wa Lead? Clerk ~ Cousmivsi » Take One of State Deposition - Bate
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
EXHIBIT B
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
IN THE PROBATE COURT OF COLUMBIA COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
ESTATE NO. 2023-0188
RALPH D. MATARAZZO,
Deceased.
SUBPOENA DUCES TECUM FOR DEPOSITION
TO Eric Lussier
Minsk, Gould, Tattrie & Lussier, LLP
105 Easter Avenue, Suite 21
Dedham, MA 02026
Pursuant to the provisions of O.C.G.A.§ 9-11-30 and 9-11-45 you are
hereby required to be and appear at the Affiliated Boston Court Reporters, 71
Commercial Street, Suite 701, Boston, MA, on January 31, 2024 at 1:00
p.m., to give your deposition upon oral examination in the Estate of Ralph D.
Matarazzo, Estate No: 2023-0188, pending in the Probate Court of Columbia
County, and to bring with you the following:
SEE EXHIBIT “A” ATTACHED HERETO.
HEREIN FAIL NOT, under penalty of law by authority on the
Honorable Alice W. Padgett, Judge “Va court Lf December 18, 2023.
let
Subpoena issued by Attoryey of Record for Caveator
Any Questions Contact:
Robert W. Hughes, Jr.. Esq.
390 West Crogan Street, Suite 230
Lawrenceville, Georgia 30046
(770) 469-8887
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
EXHIBIT “A”
Your entire file for Ralph D, Matarazzo, d/o/b July 15, 1935, d/o/d
February 16,2023, SS# xxx-xx-1247, including CPA notes, copies of all
office notes, and notes received from client.
A copy of all communications to and from Mark Matarazzo, including text
messages, emails or any written communications prior to Ralph D.
Matarazzo’s death.
A copy of all communications to and from Ralph D. Matarazzo, including
text messages, emails, or any written communications.
A copy of any and all telephone messages to or from Mark Matarazzo,
A copy of any and all telephone messages to or from Ralph D. Matarazzo.
A copy of any payments received from Ralph D. Matarazzo or Mark
Matarazzo,
A copy of any and all financial statements for Ralph D. Matarazzo from
January 1, 2018, through the present date.
A copy of all Federal Income Tax Returns, including all schedules for
Ralph D. Matarazzo from 2018 through the present date.
A copy of all Federal Income Tax Returns for Sta-Wite S Corp, from 2018,
through the present date.
A copy of any and all financial statements for Sta-Wite S Corp from 2018,
through the present date.
(C\Usors\ew inne \Applata\Local\ompSubpoonst Duos Teun - Brie atssondoes
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
IN THE PROBATE COURT OF COLUMBIA COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
ESTATE NO. 2023-0188
RALPH D. MATARAZZO,
Deceased.
CERTIFICATE OF SERVICE
[hereby certify that I have this day served the foregoing Subpoena
Duces Tecum for Deposition — Eric Lussier upon all parties by depositing a
copy of same in the United States mail in an envelope with sufficient postage
to ensure delivery thereon addressed as follows:
Steven Sanders, Esq.
Fulcher Hagler LLP
P.O. Box 1477
Augusta, Georgia 30903-1477
Respectfully submitted, this LE. day of Decembe, 2023.
ROBERT W. HU!
*S ASSOCIATES, P.C
BY: J
Robert W. Hughes, Jy.
L.
Attorney for the C. eator
State of Georgia Bar Number 376311
390 West Crogan Street, Suite 230
Lawrenceville, GA 30046
(770) 469-8887
ett Ape sea Ten i gees Ties BE Lado
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
EXHIBIT C
Date Filed 12/22/2023 2:52 PM
Superior Court - Norfolk
Docket Number
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS. SUPERIOR COURT DEPT.
)
IN RE: )
APPLICATION OF RALPH MATARAZZO ) CIVIL ACTION NO.:
FOR AN ORDER PURSUANT TO )
M.G.L. CH. 223A, § 11 )
)
[PROPOSED] ORDER FOR ISSUANCE OF SUBPOENAS
INSIDE COMMONWEALTH FOR PROCEEEDING IN TRIBUNAL
QUTSIDE COMMONWEALTH PURSUANT TO M.G.L. CH. 223A, § 11
This Court, having considered the application of Ralph Matarazzo pursuant to
M.G.L. ch. 223A, § 11 for an order allowing the service of subpoenas to Frank Tessitore
and Eric Lussier to appear for deposition and produce documents, hereby ORDERS as
follows:
qd) Tymann, Davis & Duffy LLP is authorized to (a) issue subpoenas to Eric
Lussier and (b) have said subpoenas served upon Eric Lussier; and
(2) Eric Lussier is ordered to appear for deposition and produce documents by
1:00 P.M. on January 31, 2024, at the offices of Affiliated Boston Court
Reporters, 71 Commercial Street, Suite 701, Boston, MA.
SO ORDERED
Hon.
Justice of the Superior Court
Dated: , 2023
Preview
Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number Docketed 12/22/2023 COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. SUPERIOR COURT DEPT. IN RE: CIVIL ACTION NO.; 2882CV07166 APPLICATION OF RALPH MATARAZZO FOR AN ORDER PURSUANT TO M.G.L. CH. 223A, § 11 APPLICATION FOR ORDER FOR ISSUANCE OF SUBPOENA INSIDE COMMONWEALTH FOR PROCEEEDING IN TRIBUNAL QUTSIDE COMMONWEALTH PURSUANT TO M.G.L. CH. 223A, § 11 Ralph Matarazzo hereby applies to this Court pursuant to the provisions of M.G.L Ch. 223A, § 11 for an Order allowing the service of subpoenas upon the following: Eric Lussier Minsk, Gould, Tattrie & Lussier, LLP 105 Easter Avenue, Suite 21 Dedham, MA 02026 Ralph Matarazzo hereby applies for an order directing Eric Lussier to produce documents and appear for deposition and give testimony for use in proceedings related to the estate of his father now pending in the Probate Court of Georgia, County of Columbia, entitled Jn Re: Estate of Ralph D. Matarazzo., bearing Estate No. 2023-0188 (the “Georgia Action”). The documents and testimony sought are relevant, material, and necessary to the issues involved in the Georgia Action. As grounds for this application, Ralph Matarazzo states as follows: 1 Eric Lussier maintains records, including but not limited to communications, emails, text messages, telephone messages, financial statements, notes, and tax returns, pertaining to Mr. Matarazzo’s deceased father and his estate. Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number 2 Mr. Matarazzo requests that this honorable Court order Eric Lussier to appear for deposition and produce relevant documents by 1:00 PM on January 31, 2024, at the offices of Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701, Boston, MA. 3 In support of this application, the undersigned states that Mr. Matarazzo has obtained a Commission from the Probate Court of Georgia, County of Columbia (the “Georgia Order”). A copy of the Georgia Order is attached hereto as Exhibit A. 4 A copy of the proposed subpoena is attached as Exhibit B. 5 For the Court’s convenience, a copy of a Proposed Order is attached hereto as Exhibit C. WHEREFORE, the undersigned applicant respectfully requests that this Court: 1 Issue an Order authorizing the undersigned (a) to issue subpoenas to Erie Lussier in accordance with the procedure of Mass. R. Civ. P. 30(b)(6) and 45, to compel the deposition and production of documents as specified in the Georgia Order, and (b) to have said subpoenas served on Eric Lussier. Authorize any Notary Public of the Commonwealth of Massachusetts to issue the subpoena. 3. Take any other action it deems appropriate. RESPECTFULLY SUBMITTED, Ralph Matarazzo, By his attorneys, Chan Davee Ethan Z. Davis (BBO #668973) edavis@tddlegal.com TYMANN, DAVIS & DUFFY LLP One Boston Place, Suite 2600 Boston, MA 02108 (617) 933-9490 Dated: December 22, 2023 Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number EXHIBIT A Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number IN THE PROBATE COURT OF COLUMBIA COUNTY STATE OF GEORGIA || IN RE: ESTATE OF {' ESTATE NO. 2023-0188 RALPH D. MATARAZZO, Deceased. COMMISSION TO: Middlesex County, Clerk of Court You are hereby given full authority, pursuant to the Uniform Foreign Depositions Act, to issue a Subpoena Duces Teeum for the taking of a deposition on oral examination under oath of Eric D. Lussier, CPA, at the offices of Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701, Boston, MA 02109 at 1:00 p.m. on the 31° day of January 2024. After the deposition has been completed, the testimony of the witness will be transcribed and mailed to Robert W. Hughes, Jr., Robert W. Hughes & Associates, P.C., 390 W. Crogan St., Suite 230, Lawrenceville, GA 30046, with the title and document number of this case endorsed on the envelope and the envelope sealed. Bh a !I ry SO ORDERED, this Ld fm MARA ve Judge, Probate Court of ‘olumbia County v This Commission prepared by on : rs i A, GUE -UMBIA COUN Sot eile LE NOE 5 THS. k Te) Ae GAY as Aw ina sone br FRO! re oO a Georgia State Bar No. 233011 Attorney for the Caveator ett Ap Da ‘a 5101 ad ado Clerk » Comms ah i Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number IN THE PROBATE COURT OF COLUMBIA COUNTY STATE OF GEORGIA | i IN RE: ESTATE OF | ESTATE NO. 2023-0188 RALPH D. MATARAZZO, Deceased. || CERTIFICATE OF SERVICE Amy Macrina, Counsel for Caveator hereby certifies that she served a copy of the within Commission — Eric Lussier, CPA, upon all parties by depositing the same in the United States Mail with adequate postage affixed thereto to ensure delivery addressed as follows: Steven L. Sanders, Esq. Fulcher Hagler, LLP P.O. Box 1477 Augusta, Georgia 30903 Dom This day of New. 2023. ROBERT W. HUGHES & ASSOCIATES, P.C, - Byicek. a & Amy Macrina State of Georgia Bar No.: 233011 Attorney for Ralph R. Matarazzo 390 West Crogan Street, Suite 230 Lawrenceville, Georgia 30046 770-469-8887 whineit Ap B1TGEAS WeR8SOT wa Lead? Clerk ~ Cousmivsi » Take One of State Deposition - Bate Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number EXHIBIT B Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number IN THE PROBATE COURT OF COLUMBIA COUNTY STATE OF GEORGIA IN RE: ESTATE OF ESTATE NO. 2023-0188 RALPH D. MATARAZZO, Deceased. SUBPOENA DUCES TECUM FOR DEPOSITION TO Eric Lussier Minsk, Gould, Tattrie & Lussier, LLP 105 Easter Avenue, Suite 21 Dedham, MA 02026 Pursuant to the provisions of O.C.G.A.§ 9-11-30 and 9-11-45 you are hereby required to be and appear at the Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701, Boston, MA, on January 31, 2024 at 1:00 p.m., to give your deposition upon oral examination in the Estate of Ralph D. Matarazzo, Estate No: 2023-0188, pending in the Probate Court of Columbia County, and to bring with you the following: SEE EXHIBIT “A” ATTACHED HERETO. HEREIN FAIL NOT, under penalty of law by authority on the Honorable Alice W. Padgett, Judge “Va court Lf December 18, 2023. let Subpoena issued by Attoryey of Record for Caveator Any Questions Contact: Robert W. Hughes, Jr.. Esq. 390 West Crogan Street, Suite 230 Lawrenceville, Georgia 30046 (770) 469-8887 Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number EXHIBIT “A” Your entire file for Ralph D, Matarazzo, d/o/b July 15, 1935, d/o/d February 16,2023, SS# xxx-xx-1247, including CPA notes, copies of all office notes, and notes received from client. A copy of all communications to and from Mark Matarazzo, including text messages, emails or any written communications prior to Ralph D. Matarazzo’s death. A copy of all communications to and from Ralph D. Matarazzo, including text messages, emails, or any written communications. A copy of any and all telephone messages to or from Mark Matarazzo, A copy of any and all telephone messages to or from Ralph D. Matarazzo. A copy of any payments received from Ralph D. Matarazzo or Mark Matarazzo, A copy of any and all financial statements for Ralph D. Matarazzo from January 1, 2018, through the present date. A copy of all Federal Income Tax Returns, including all schedules for Ralph D. Matarazzo from 2018 through the present date. A copy of all Federal Income Tax Returns for Sta-Wite S Corp, from 2018, through the present date. A copy of any and all financial statements for Sta-Wite S Corp from 2018, through the present date. (C\Usors\ew inne \Applata\Local\ompSubpoonst Duos Teun - Brie atssondoes Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number IN THE PROBATE COURT OF COLUMBIA COUNTY STATE OF GEORGIA IN RE: ESTATE OF ESTATE NO. 2023-0188 RALPH D. MATARAZZO, Deceased. CERTIFICATE OF SERVICE [hereby certify that I have this day served the foregoing Subpoena Duces Tecum for Deposition — Eric Lussier upon all parties by depositing a copy of same in the United States mail in an envelope with sufficient postage to ensure delivery thereon addressed as follows: Steven Sanders, Esq. Fulcher Hagler LLP P.O. Box 1477 Augusta, Georgia 30903-1477 Respectfully submitted, this LE. day of Decembe, 2023. ROBERT W. HU! *S ASSOCIATES, P.C BY: J Robert W. Hughes, Jy. L. Attorney for the C. eator State of Georgia Bar Number 376311 390 West Crogan Street, Suite 230 Lawrenceville, GA 30046 (770) 469-8887 ett Ape sea Ten i gees Ties BE Lado Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number EXHIBIT C Date Filed 12/22/2023 2:52 PM Superior Court - Norfolk Docket Number COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. SUPERIOR COURT DEPT. ) IN RE: ) APPLICATION OF RALPH MATARAZZO ) CIVIL ACTION NO.: FOR AN ORDER PURSUANT TO ) M.G.L. CH. 223A, § 11 ) ) [PROPOSED] ORDER FOR ISSUANCE OF SUBPOENAS INSIDE COMMONWEALTH FOR PROCEEEDING IN TRIBUNAL QUTSIDE COMMONWEALTH PURSUANT TO M.G.L. CH. 223A, § 11 This Court, having considered the application of Ralph Matarazzo pursuant to M.G.L. ch. 223A, § 11 for an order allowing the service of subpoenas to Frank Tessitore and Eric Lussier to appear for deposition and produce documents, hereby ORDERS as follows: qd) Tymann, Davis & Duffy LLP is authorized to (a) issue subpoenas to Eric Lussier and (b) have said subpoenas served upon Eric Lussier; and (2) Eric Lussier is ordered to appear for deposition and produce documents by 1:00 P.M. on January 31, 2024, at the offices of Affiliated Boston Court Reporters, 71 Commercial Street, Suite 701, Boston, MA. SO ORDERED Hon. Justice of the Superior Court Dated: , 2023