Iantosca et al v. Benistar Administrative Services, Inc et al
| Joseph Iantosca, Belridge Corporation, Gail A. Cahaly, Jeffrey M. Johnston, Bellemore Associates, LLC and Massachusetts Lumber Company, Inc. |
| Benistar Administrative Services, Inc, Daniel Carpenter, Molly Carpenter, Benistar Property Exchange Trust Company, Inc., Benistar Ltd., Benistar Employer Services Trust Corporation, Carpenter Financial Group, LLC, Step Plan Services, Inc., Benistar Insurance Group, Inc. and Benistar 419 Plan Services, Inc. |
| 1:2008cv11785 |
| October 23, 2008 |
| US District Court for the District of Massachusetts |
| P.I.: Other Office |
| Suffolk |
| Nathaniel M. Gorton |
| Defendant |
| Diversity |
| 28:1332 Diversity-Notice of Removal |
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The following documents for this case are available for you to view or download:
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Filing
376
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing Memorandum, 1) Plaintiffs' motion to strike and for sanctions (DocketNo. 291 ) is DENIED; 2) Defendants' motions to strike (Docket Nos. 349 and 356 )are DENIED;3) the motions for summary judgment with respect to Plaintiffs' First Amended Complaint filed by Benistar Admin Services, Inc. (Docket No. 276 ), Benistar 419 Plan Services, Inc. (Docket No. 278 ), Step Plan Service s, Inc. (Docket No. 280 ) and Daniel Carpenter (Docket No. 284 ) are DENIED; 4) the motion for summary judgment with respect to Plaintiffs First Amended Complaint filed by Molly Carpenter (Docket No. 282 ) is ALLOWED; 5) the motions for summary j udgment with respect to the government's tax lien claim filed by Benistar Admin Services, Inc. (Docket No. 333 ), Benistar 419 Plan Services, Inc. (Docket No. 334 ) and the remaining defendants (Docket No. 335 ) are all DENIED; and 6) the government's motion for partial summary judgment against Benistar Admin Services, Inc. and Benistar 419 Plan Services, Inc. (Docket No. 332 ) is, with respect to the Benistar Plan's status as a listed transaction from February 28, 20 00 to January 20, 2006 and the defendants' qualification as organizers and/or sellers within the meaning of the superceded law, ALLOWED; but is, with respect to the defendants'qualification as material advisors and the issue of reasonable cause, DENIED. So ordered."(Moore, Kellyann)
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Filing
366
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, Defendants' Motion forTrial by Jury (Docket No. 295 ) is ALLOWED. So ordered."(Moore, Kellyann)
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Filing
357
Judge Nathaniel M. Gorton: ORDER entered denying 298 MOTION to Dismiss for Lack of Jurisdiction. Please see order for details. (Moore, Kellyann)
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Filing
352
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, the Motions to Compel of Benistar Admin Services, Inc. (Docket No. 323 and Benistar 419 Plan Services, Inc. (Docket No. 326 are ALLOWED, in part, and DENIED, in part, as set forth above. To the extent that the defendants' motions are allowed, in part, the government will supplement its responses on or before February 10, 2012..." (Duong, Diep)
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Filing
260
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, denying 222 MOTION to Dismiss Complaint In Intervention filed by Benistar 419 Plan Services, Inc., and denying 210 MOTION to Dismiss For Lack of Subject Matter Jurisdiction filed by Step Plan Services, Inc., Daniel Carpenter, Benistar 419 Plan Services, Inc., Molly Carpenter, Benistar Insurance Group, Inc., Benistar Administrative Services, Inc, Benistar Employer Services Trust Corporation, Benistar Ltd., Benistar Property Exchange Trust Company, Inc., Carpenter Financial Group, LLC.(Patch, Christine)
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Filing
247
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "Defendants have inquired as to whether the show cause hearing scheduled for Thursday, August 4, 2011, at 3:00 p.m. will go forward..."(Duong, Diep)
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Filing
245
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "...Motionfor Reconsideration and Protective Order (Docket No. 241 ) is ALLOWED. The protective order encompasses all future discovery sought to be elicited from Mr. Carpenter and w ill be vacated upon the occurrence of either a jury verdict of acquittal, dismissal of the charges or sentencing in United States v. Carpenter, Criminal Action No. 04-cr-10029-GAO. Carpenters motion to stay discovery (Docket No. 243 ) is DENIED and all other discovery will proceed according to the scheduling order. The Courts reconsideration of its July 7, 2011 Order applies to Carpenter only. Unless they have already completed their depositions, all other persons subject to this Courts July 7, 2011 Order will appear in this Court on Thursday, August 4, 2011, at 3:00 p.m. to show cause why they should not be held in contempt of this Court." (Duong, Diep)
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Filing
237
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "...Plaintiff's motion to compel (Docket No. 232 ) is ALLOWED and defendants are hereby directed to complete the noticed depositions in Massachusetts or Connecticut on or befor e July 31, 2011. Defendants corresponding motion for a protective order (Docket No. 224 ) is DENIED. If defendants fail to comply with this order, the defaulting deponents, whomever they are, shall appear in this Court on August 4, 2011, at 3:00 p.m. to show cause why they should not be held in contempt."(Duong, Diep)
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Filing
182
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. In accordance with the foregoing and as previously announced at the hearing on August 5, 2010, 1) Defendants' motion and "supplemental" motions to dismiss (Docket Nos. [82 ], 111 , and 117 ) is DENIED without prejudice to defendants moving for reconsideration in the event that the Pennsylvania Superior Court finds the settlement unenforceable; and 2) Certain Underwriters' motion to dismiss (Docket No. 107 ) is ALLOWED and the counterclaims are dismissed without prejudice. So Ordered.(Abaid, Kimberly)
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Filing
153
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM & ORDER "In accordance with the foregoing: 1) The defendants' motions to dismiss (Docket Nos. 7 , 10 , 65 , 66 , 67 and 79 ) are DENIED without prejudice to the defendants Step, B enistar 419 and Benistar Insurance Group moving for reconsideration in the event that the Suffolk Superior Court issues a ruling inconsistent with this Courts interpretation of the Cahaly Judgment; 2) The defendants motion to vacate the preliminary injunction (Docket No. 128 ) is DENIED; and 3) The defendants motion for reconsideration (Docket No. 146 ) is DENIED." (Duong, Diep)
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