On July 23, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Hermann, David,
Kon, Mark,
Rosales, Rodolfo Ruben,
and
Alacrity Limited Partnership,
Alacrity Llc,
Fishman, Ben,
Fishman, Beth,
Mishara, Margaret,
Palm Realty, Llc,
Rodgers, Craig,
Zorfas, Jesse,
for Equitable Remedies
in the District Court of Middlesex County.
Preview
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
C.A. No, 2181CV01620
MARK KON, RODOLFO RUBEN ROSALES,
and DAVID HERMANN, individually and as
members of the Cambridge Tower Corporation,
and as members of the Cambridge Tower Small
Owners’ Association, LLC
Plaintiffs,
Vv.
BETH FISHMAN, MARGARET MISHARA,
JESSE ZORFAS, PALM REALTY, LLC,
ALACRITY LLC, and ALACRITY LIMITED
PARTNERSHIP
Defendants,
Vv.
CAMBRIDGE TOWER CORPORATION
Nominal Party.
BETH FISHMAN, MARGARET MISHARA,
JESSE ZORFAS, PALM REALTY, LLC,
ALACRITY LLC, and ALACRITY LIMITED
PARTNERSHIP
Counterclaim and Third Party
Plaintiffs,
Vv.
MARK KON, RODOLFO RUBEN ROSALES,
and DAVID HERMANN, individually and as
members of the Cambridge Tower Corporation,
and as members of the Cambridge Tower Smal]
Owners’ Association, LLC, and CRAIG
RODGERS
Counterclaim Defendants and
‘Third Party Defendant.
3728830_1
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
CAMBRIDGE TOWER CORPORATION,
Crossclaimant,
Vv.
MARK KON, RODOLFO RUBEN ROSALES,
and DAVID HERMANN, individually and as
members of the Cambridge Tower Corporation,
and as members of the Cambridge Tower Small
Owners’ Association, LLC, and CRAIG
RODGERS,
Crossclaim Defendants.
APPENDIX OF EXHIBITS ATTACHED TO REPLY OF
PLAINTIFFS’ MOTION TO WITHDRAW ADMISSIONS
Exhibit A: Docket entry and clerk’s notice dated August 30, 2023 (Frison, J.)
Exhibit B: Docket entry and clerk’s notice dated August 28, 2023 (Sarrouf, J.)
-2-
3728830_4
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
an i tn
packet RUMBER Trial Court of Massachusetts
CLERK'S NOTICE The Superior Court
| 2481001620
A — — et
| — - ef lo se —
(CASE NAMES
| Mark Kon Individually and As members of the Cambridge Tower | Michael A. Sullivan, Clerk of Court
! ||
|——
Corporation and as members of the Cambridge Tower
Oo wrers’ Assaciationet ai vs. Beth Fishman et al
Small | Middlesex County
~ -
| fo: | COURT NAME & ADDRESS
Theodore Joel Folkman, Esq.
Middlesex County Superior Court - Woburn
Rubin and Rudman LLP
| 200 Trade Canter
53 State St i
Woburn, MA 01804
Boston, MA 02109
~ A eed
You are hereby notified that on 08/30/2023 the fallowing entry was made on the
I
i above referenced docket:
Endorsement on Motion to Quash Subpoenas (#19.0): DENIED
Atter hearing: DENIED. Dated: August 29, 2023
Judge: Frison, Hon. Shannon
——— a oe wee nd
DATE ISSUED | ASSOCIATE JUSTICE ASSISTANT CLERK SESSION PHONES |
08/30/2023 { Hon. Shannon Frison
——— on en po te
Dalle Pi ek BS.aka 12 DIB Bente oP baz
1
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
Date Filed 1/29/2024 7:18 PM
Superior Court - Middlesex
Docket Number 2181CV01620
wn a — ve we ant
DOCKET NUMBER THal Court of Massachusetts
CLERK'S NOTICE | The Superior Court
| 2184CV01620
- a ~ ' vi eel —~ . ne —~
CASE MABE:
Mark Kon Individually and As members of the Cambridge Tower Michael A, Suttivan, Clerk of Court
Corporation and as members of the Cambridge Tower Small Middiesex County
\
i Owners’ Association
a! et al vs. Beth Fishman et al_ ~ ee — a —
oO | COURT NAME & ADRESS
Michael F Connolly, Esq,
| Middlesex County Superior Court - Woburn
Rubin and Rudman LLP
| 200 Trade Center
53 State St { Wobum, MA 01804
15th Floor |i
Boston, MA 62109 {t
a rn a ae cone penne a
You are hereby notified that on 08/28/2023 the following entry was made on the
above referenced docket:
Endorsement on Motion for A Protective Order (#17.0): DENIED
EXPANDED ENDOREMENT on defendants’ motion for protective order (Paper #17}. After review and
consideration given te the memorandums provided and MLR. Civ. P. 26(a),(b)(1)(3), and (c), the motion is,
at this time, DENIED. However, the parties are reminded that discovery must be conducted pursuant to
Rule 26, including but not limited fo, ensuring the manner and means of obtaining discovery jeads to
information/documentation™.. which is relevant to the subject matter involved in the pending action,
whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any
other party...” and "...the information sught appears reasonably calculated to lead to the discovery of
admissible evidence, “ Rule 26(1). SO ORDERED
cee ‘enemas —— a
“pate ISSUED ~ | ASSOCIATE JUST 1CE/ ASSISTANT CLERK SESSION PHONES
| 08/28/2023 Camilie Sarrouf
~ oe a om ne cee —
Daet eP els BER 6 2A
Preview
Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. No, 2181CV01620 MARK KON, RODOLFO RUBEN ROSALES, and DAVID HERMANN, individually and as members of the Cambridge Tower Corporation, and as members of the Cambridge Tower Small Owners’ Association, LLC Plaintiffs, Vv. BETH FISHMAN, MARGARET MISHARA, JESSE ZORFAS, PALM REALTY, LLC, ALACRITY LLC, and ALACRITY LIMITED PARTNERSHIP Defendants, Vv. CAMBRIDGE TOWER CORPORATION Nominal Party. BETH FISHMAN, MARGARET MISHARA, JESSE ZORFAS, PALM REALTY, LLC, ALACRITY LLC, and ALACRITY LIMITED PARTNERSHIP Counterclaim and Third Party Plaintiffs, Vv. MARK KON, RODOLFO RUBEN ROSALES, and DAVID HERMANN, individually and as members of the Cambridge Tower Corporation, and as members of the Cambridge Tower Smal] Owners’ Association, LLC, and CRAIG RODGERS Counterclaim Defendants and ‘Third Party Defendant. 3728830_1 Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 CAMBRIDGE TOWER CORPORATION, Crossclaimant, Vv. MARK KON, RODOLFO RUBEN ROSALES, and DAVID HERMANN, individually and as members of the Cambridge Tower Corporation, and as members of the Cambridge Tower Small Owners’ Association, LLC, and CRAIG RODGERS, Crossclaim Defendants. APPENDIX OF EXHIBITS ATTACHED TO REPLY OF PLAINTIFFS’ MOTION TO WITHDRAW ADMISSIONS Exhibit A: Docket entry and clerk’s notice dated August 30, 2023 (Frison, J.) Exhibit B: Docket entry and clerk’s notice dated August 28, 2023 (Sarrouf, J.) -2- 3728830_4 Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 an i tn packet RUMBER Trial Court of Massachusetts CLERK'S NOTICE The Superior Court | 2481001620 A — — et | — - ef lo se — (CASE NAMES | Mark Kon Individually and As members of the Cambridge Tower | Michael A. Sullivan, Clerk of Court ! || |—— Corporation and as members of the Cambridge Tower Oo wrers’ Assaciationet ai vs. Beth Fishman et al Small | Middlesex County ~ - | fo: | COURT NAME & ADDRESS Theodore Joel Folkman, Esq. Middlesex County Superior Court - Woburn Rubin and Rudman LLP | 200 Trade Canter 53 State St i Woburn, MA 01804 Boston, MA 02109 ~ A eed You are hereby notified that on 08/30/2023 the fallowing entry was made on the I i above referenced docket: Endorsement on Motion to Quash Subpoenas (#19.0): DENIED Atter hearing: DENIED. Dated: August 29, 2023 Judge: Frison, Hon. Shannon ——— a oe wee nd DATE ISSUED | ASSOCIATE JUSTICE ASSISTANT CLERK SESSION PHONES | 08/30/2023 { Hon. Shannon Frison ——— on en po te Dalle Pi ek BS.aka 12 DIB Bente oP baz 1 Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 Date Filed 1/29/2024 7:18 PM Superior Court - Middlesex Docket Number 2181CV01620 wn a — ve we ant DOCKET NUMBER THal Court of Massachusetts CLERK'S NOTICE | The Superior Court | 2184CV01620 - a ~ ' vi eel —~ . ne —~ CASE MABE: Mark Kon Individually and As members of the Cambridge Tower Michael A, Suttivan, Clerk of Court Corporation and as members of the Cambridge Tower Small Middiesex County \ i Owners’ Association a! et al vs. Beth Fishman et al_ ~ ee — a — oO | COURT NAME & ADRESS Michael F Connolly, Esq, | Middlesex County Superior Court - Woburn Rubin and Rudman LLP | 200 Trade Center 53 State St { Wobum, MA 01804 15th Floor |i Boston, MA 62109 {t a rn a ae cone penne a You are hereby notified that on 08/28/2023 the following entry was made on the above referenced docket: Endorsement on Motion for A Protective Order (#17.0): DENIED EXPANDED ENDOREMENT on defendants’ motion for protective order (Paper #17}. After review and consideration given te the memorandums provided and MLR. Civ. P. 26(a),(b)(1)(3), and (c), the motion is, at this time, DENIED. However, the parties are reminded that discovery must be conducted pursuant to Rule 26, including but not limited fo, ensuring the manner and means of obtaining discovery jeads to information/documentation™.. which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...” and "...the information sught appears reasonably calculated to lead to the discovery of admissible evidence, “ Rule 26(1). SO ORDERED cee ‘enemas —— a “pate ISSUED ~ | ASSOCIATE JUST 1CE/ ASSISTANT CLERK SESSION PHONES | 08/28/2023 Camilie Sarrouf ~ oe a om ne cee — Daet eP els BER 6 2A