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  1. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 1 of 11
  2.  
  3. UNITED STATES DISTRICT COURT
  4. DISTRICT OF MASSACHUSETTS
  5. *****************************
  6. Michael Moran,
  7. *
  8. Plaintiff
  9. *
  10. *
  11. v.
  12. *
  13. *
  14. Danielle Rylan, NWHL Foundation, Inc.,
  15. *
  16. NWHL Group, LLC and NWHL Holdings, LLC *
  17. Defendants
  18. *
  19. *****************************
  20.  
  21. Civil No.: ____________________
  22.  
  23. COMPLAINT
  24. Plaintiff, Michael Moran, by and through his attorneys, Cronin, Bisson, & Zalinsky P.C.,
  25. brings this suit against Defendants, and in support thereof states as follows:
  26. Parties
  27. 1. Plaintiff, Michael Moran, is a natural person with a residential address of -----------, Boston, Massachusetts 02215.
  28. 2. Defendant, Danielle Rylan, is a natural person with a residential address of --------, Tampa, Florida 33609.
  29. 3. Defendant, NWHL Foundation, Inc., is registered with the New York Secretary of
  30. State as a domestic for-profit corporation with service address of 501 Fifth Avenue, New York,
  31. New York 10017. Exhibit 1.
  32. 4. Defendant, NWHL Group, LLC, is registered with the New York Secretary of State as
  33. a domestic limited liability company with a principal address of 67 West Street Suite 401-B11,
  34. Brooklyn, New York 11222-2093. Exhibit 2.
  35.  
  36. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 2 of 11
  37.  
  38. 5. Defendant, NWHL Holdings, LLC, is registered with the New York Secretary of State
  39. as a domestic limited liability company with a principal address of 67 West Street Suite 401B11, Brooklyn, New York 11222-2093. Exhibit 3.
  40. 6. Defendants own and operate hockey teams, one of which is “Boston Pride,” situated in
  41. Boston Massachusetts area, playing home games at the Edge Sports Center in Bedford
  42. Massachusetts, the Harvard Bright-Landry Center in Boston, Massachusetts, and the Raymond
  43. Bourque Arena in Beverly, Massachusetts.
  44. Jurisdiction and Venue
  45. 7. The parties are diverse, and the amount in controversy is greater than $75,000, giving
  46. this Court jurisdiction over this matter pursuant to 28 U.S.C. § 1332.
  47. 8. Because the Defendants own and operate a hockey team situated in the Boston area
  48. and themselves have with minimum contacts with the Boston Massachusetts area, it should have
  49. been reasonably foreseeable to them that they may be hauled into court in Massachusetts. See
  50. Int’l Shoe Co. v. Wash., 326 U.S. 310, 317 (1945) (“Presence in the state . . . [exists] when the
  51. activities of the corporation there have not only been continuous and systematic, but also give
  52. rise to the liabilities sued on, even though no consent to be sued or authorization to an agent to
  53. accept service of process has been given.”)
  54. 9. Additionally, Defendant Rylan, as representative of Defendants, regularly attends
  55. league-related events in the Boston area and conducts league-related business in Massachusetts,
  56. subjecting herself to the jurisdiction of this state. Id.
  57. Facts
  58. 10. Rylan and Moran had a friendship that goes back several years.
  59. 11. The pair discussed the foundation of a women’s hockey league in 2013.
  60.  
  61. 2
  62.  
  63. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 3 of 11
  64.  
  65. 12. Rylan was working for the NHL Network and attempting to launch a coffee shop at
  66. that time.
  67. 13. Rylan believed that the league would provide female athletes more opportunities for
  68. playing hockey after college, and no one had started a United States based league.
  69. 14. Moran and Rylan agreed they would engage in this endeavor together, with Moran
  70. providing some seed money.
  71. 15. Also, the fledgling league had certain start-up costs that Rylan could not afford to
  72. pay for out of her own pocket.
  73. 16. Accordingly, the pair agreed that Moran would pay mostly fixed, regularly occurring
  74. sums to Rylan as an investment in the league.
  75. 17. Initially, the pair agreed that these sums would be considered an investment in the
  76. league, which Rylan and Moran would each control and from which each might someday profit,
  77. as co-owners.
  78. 18. Rylan accepted payments for roughly two years and devoted much of her time to the
  79. league’s formation.
  80. 19. Beginning around February 2015, Moran also started working full time as the
  81. league’s Chief Marketing Officer.
  82. 20. Then, the league was launched in April 2015.
  83. 21. At that time, Moran and Rylan agreed their share of the profits of the league would
  84. be 40/60, respectively.
  85. 22. None of these agreements were put in writing because Moran and Rylan were friends
  86. and had been friends for years.
  87.  
  88. 3
  89.  
  90. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 4 of 11
  91.  
  92. 23. Moran made payments to Rylan and to the league, knowing that Rylan was directing
  93. these sums where they were needed, regardless of how they were received.
  94. 24. These purposes included paying vendors and players and repaying debts incurred by
  95. the league. Exhibit 4.
  96. 25. Moran also made direct payments to third party vendors on behalf of the league.
  97. 26. These payments included sums sent to marketing companies, web hosting services,
  98. advertising services, including Facebook, and sums paid related to events that the league hosted
  99. for promotions and fundraising.
  100. 27. Moran assisted in the launch of the league with publicity, party planning, advertising,
  101. and other logistics.
  102. 28. Moran was not compensated for the labor he expended for the league but Rylan was.
  103. 29. Thereafter, following launch of the league, Moran continued making payments
  104. directly to Rylan or to the league’s foundation as a means of providing funds to be used for
  105. league purposes.
  106. 30. In total, Moran provided more than $200,000 in financial support to launch the
  107. league.
  108. 31. Shortly after Moran and Rylan agreed that their shares in the league would be 40/60,
  109. respectively, Rylan sent an email to another individual affiliated with the league, indicating that
  110. Moran was only allocated a 2 percent share.
  111. 32. Moran learned of this email, which Rylan did not intend Moran to see, and the pair’s
  112. friendship soured.
  113. 33. The first pay cycle came in October 2015, when the league was to pay its players.
  114.  
  115. 4
  116.  
  117. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 5 of 11
  118.  
  119. 34. On the eve of that deadline, Rylan, the league’s self-appointed commissioner, had no
  120. plan for payment.
  121. 35. Rylan, Moran, and other officers, investors, and friends of the league cobbled
  122. together enough money to be able to pay players their first paychecks.
  123. 36. However, after seeing how poorly organized the league was and after the
  124. deterioration of the relationship between Moran and Rylan, Moran and Rylan agreed Moran’s
  125. involvement with the league should be severed.
  126. 37. Specifically, Rylan agreed Moran would terminate his involvement as an investor,
  127. and Rylan would cause his financial investments to be treated as loans and returned to him.
  128. 38. Rather than deny that Moran had lent sums to the league to assist in its formation,
  129. Rylan, the league’s counsel, Ben Natter and its Chief of Operations at the time, George Speirs,
  130. attempted to negotiate a repayment plan.
  131. 39. However, the league was not keen on paying Moran the full sum he had lent to allow
  132. the league to be founded.
  133. 40. Additionally, George Speirs, who had been finalizing details of repayment with
  134. Moran, was terminated in early February 2016.
  135. 41. Thereafter, communication between the league and Moran regarding repayment
  136. ceased.1
  137. 42. As such, the parties could not coordinate mutually agreeable repayment terms.
  138. 43. This action has therefore become necessary.
  139.  
  140. 1
  141.  
  142. On February 29, 2016 the league sought to have Moran transfer control of the league website. When Moran did not
  143. immediately respond, on March 15, 2016, George Speirs’ login was used to attempt to access the league website to
  144. retake control. This effort came from an internet protocol (“IP”) address at the league office, was done without
  145. Moran’s assent or knowledge, and it was done after Speirs had left the league’s employment. Additionally, the
  146. league requested access to the website that Moran had caused to be created and paid for, despite that it had not
  147. upheld its end of the bargain with Moran to pay his loan to the league.
  148.  
  149. 5
  150.  
  151. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 6 of 11
  152.  
  153. Count I – Breach of Contract (all Defendants)
  154. 44. The Plaintiff re-alleges and incorporates herein the allegations set forth above.
  155. 45. Moran and Rylan, acting on behalf of each of the Defendants, entered into a valid
  156. contact because all of the essential elements of a contract were satisfied: offer, acceptance,
  157. consideration, and a meeting of the minds. Situation Mgmt. Sys. v. Malouf, Inc., 724 N.E.2d 699,
  158. 703 (Mass. 2000).
  159. 46. Initially, Moran agreed to invest sums with the league as a co-founder and co-owner
  160. of the league.
  161. 47. When that relationship soured, Moran requested that he be repaid the sums he lent as
  162. a loan instead of continuing his involvement as an investor.
  163. 48. The league, through Rylan, agreed.
  164. 49. Nonetheless, Defendants have breached this agreement by failing to pay the balance
  165. due to Moran for loans expended to the league.
  166. Count II – Partnership Dissolution and Accounting (Rylan)
  167. 50. The Plaintiff re-alleges and incorporates herein the allegations set forth above.
  168. 51. When individuals associate for the purpose of sharing profits and control, there is a
  169. presumption the agreement they have made is in the nature of a partnership. MASS. GEN. LAWS
  170. ch. 108A, § 6; see Shain Inv. Co. v. Cohen, 443 N.E.2d 126, 130 (Mass. App. Ct. 1982).
  171. 52. In this case, the agreement originally reached between Moran and Rylan was that
  172. they would share profits, losses, and control in a 40/60 ratio, respectfully.
  173. 53. Therefore, if the Court finds that no contract was reached to treat Moran’s investment
  174. as a loan, then Moran owned 40 percent of the league and had a proportionate controlling
  175. interest.
  176.  
  177. 6
  178.  
  179. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 7 of 11
  180.  
  181. 54. To the extent Rylan assigned Moran some other ownership interest without his
  182. knowledge when the league was incorporated, that assignment constituted a breach of Rylan’s
  183. fiduciary duty to her co-partner and fraud in the inducement, causing Moran to enter into the
  184. partnership wrongfully. See Meehan v. Shaughnessy, 535 N.E.2d 1255, 1263 (Mass. 1989)
  185. (discussing duties of good faith and loyalty); MASS. GEN. LAWS ch. 108A, § 39.
  186. 55. From the first discussion of the formation of the league, Moran and Rylan agreed that
  187. the two of them would share in ownership and control of the league.
  188. 56. Nonetheless, Rylan assigned to others interest in the league that belonged to Moran
  189. and attempted to hide that assignment from Moran all while inviting and encouraging his
  190. continued participation in the league, including representing to others that he was the marketing
  191. officer for the league.
  192. 57. Moran is therefore entitled to rescind the partnership, to receive a return of his
  193. investment, and to be indemnified by the defrauding partner: Danielle Rylan. Madigan v.
  194. McCann, 190 N.E.2d 215, 217 (Mass. 1963); Mass. Gen. Laws ch. 108A § 39.
  195. 58. In winding up the partnership, Moran is also entitled to an accounting. MASS. GEN.
  196. LAWS ch. 108A, §§ 21; 22(a).
  197. Count III – MASS. GEN. LAWS ch. 93A (all Defendants)
  198. 59. The Plaintiff re-alleges and incorporates herein the allegations set forth above.
  199. 60. The contractual violations and misrepresentations discussed above constitute unfair
  200. and deceptive business practices pursuant to Mass. Gen. Laws chapter 93A.
  201. 61. To prevail on a 93A claim, the objectionable conduct must attain a level of rascality
  202. that would raise an eyebrow of someone inured to the rough and tumble of the world of
  203. commerce. Levings v. Forbes & Wallace, Inc., 396 N.E.2d 149, 153 (Mass. App. Ct. 1979).
  204.  
  205. 7
  206.  
  207. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 8 of 11
  208.  
  209. 62. Defrauding a partner into continued financial support while intentionally
  210. misrepresenting the ownership and control interest being provided to that partner certainly
  211. constitutes an unfair and deceptive trade practice.
  212. 63. Likewise, agreeing to treat an investor’s contribution as a loan in exchange for their
  213. agreeing to terminate involvement in the business and then refusing to repay the loan also
  214. constitutes a deceptive trade practice.
  215. 64. Moran seeks treble damages and attorney’s fees associated with this action pursuant
  216. to chapter 93A.
  217. Count IV – Quantum Meruit (all Defendants)
  218. 65. The Plaintiff re-alleges and incorporates herein the allegations set forth above.
  219. 66. Even if the Court does not find that the Moran had an enforceable contract with
  220. Defendants, Moran is entitled to obtain the value of the services provided, for which he has not
  221. been paid.
  222. 67. Quantum meruit refers to contracts implied in fact or to obligations imposed by law
  223. without regard to the intention or assent of the parties bound, for reasons dictated by reason and
  224. justice.
  225. 68. “To achieve recovery upon the theory of quantum meruit, the claimant must prove
  226. (1) that it conferred a measurable benefit upon the defendants; (2) that the claimant reasonably
  227. expected compensation from the defendants; and (3) that the defendants accepted the benefit
  228. with the knowledge, actual or chargeable, of the claimant’s reasonable expectation.”
  229. Finard & Co., LLC v. Sitt Asset Mgmt., 945 N.E.2d 404, 407–08, (Mass. App. Ct. 2011).
  230. 69. Moran served as the league’s Chief Marketing Officer full time for eight months,
  231. from February to October 2015.
  232.  
  233. 8
  234.  
  235. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 9 of 11
  236.  
  237. 70. In this role, he primarily engaged in advertising on behalf of the league, but he also
  238. ensured a robust web presence, contracting and paying for web hosting and other digital
  239. marketing services.
  240. 71. At the time, Moran’s expectation was that he would be paid out of the future
  241. earnings of the league.
  242. 72. However, Moran’s involvement with the league has ended, and he has agreed not to
  243. receive any future earnings from it.
  244. 73. In exchange and in addition to repaying sums lend to found the league, Moran must
  245. be paid the value of the services he provided the league.
  246. 74. The league was aware Moran expected reimbursement in some form, and it has
  247. benefitted from eight months of Moran’s skilled marketing efforts.
  248. 75. Thus, he is entitled to be reimbursed for the reasonable cost of his labor.
  249. 76. Upon information and belief, the other league executives receive compensation
  250. ranging from $80,000 to $90,000 in the form of an annual salary.
  251. 77. Thus, Moran should be reimbursed for eight months at the minimum salary range of
  252. $80,000 per year, which is roughly $50,000, minus appropriate withholdings.
  253. Count V – Restitution (all Defendants)
  254. 78. The Plaintiff re-alleges and incorporates herein the allegations set forth above.
  255. 79. As an alternative to breach of contract, partnership, 93A, Moran conferred a benefit
  256. upon Defendants by paying debts on their behalf, lending money for them to pay their own debts
  257. and for other services, and it would be unjust for Defendants to retain that benefit.
  258. 80. Defendants must make restitution of sums Moran lent to them.
  259.  
  260. 9
  261.  
  262. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 10 of 11
  263.  
  264. 81. “Restitution is not damages; restitution is a restoration required to prevent unjust
  265. enrichment. The fundamental substantive basis for restitution is that the defendant has been
  266. unjustly enriched by receiving something, tangible or intangible, that properly belongs to the
  267. plaintiff. Restitution rectifies unjust enrichment by forcing restoration to the plaintiff.”
  268. Santagate v. Tower, 833 N.E.2d 171, 180 (Mass. App. Ct. 2005) (quoting 1 DOBBS, LAW
  269.  
  270. OF
  271.  
  272. REMEDIES § 4.1(1), at 557 (2d ed. 1993)).
  273. 82. In this case, Moran made payments to found a professional women’s hockey league
  274. because he believes in what it can be.
  275. 83. Initially, Moran accepted that he would be an investor and see a return on sums paid
  276. at some point in the distant future.
  277. 84. As the league was launched, however, it rapidly became apparent that not all others
  278. involved in leadership of the league had responsible visions for how to manage the finances of
  279. the league.
  280. 85. At that time, there was an agreement for Moran’s investments to instead be treated as
  281. a loan and to be repaid.
  282. 86. With that decision, Moran’s involvement in the decision making for the league
  283. would also end.
  284. 87. Since Moran agreeing to cease his involvement and actually ceasing his involvement
  285. with the league, however, the league has failed and refused to return sums lent to it initially.
  286. 88. It is unjust for the league to retain sums lent to it while refusing to reimburse the
  287. lender.
  288. 89. Plaintiff requests trial by jury on all claims.
  289. WHEREFORE, the Plaintiff respectfully requests this Honorable Court:
  290.  
  291. 10
  292.  
  293. Case 1:16-cv-10787 Document 1 Filed 04/27/16 Page 11 of 11
  294.  
  295. A.
  296.  
  297. Award the Plaintiff reimbursement of sums lent to Defendants;
  298.  
  299. B.
  300.  
  301. Find Plaintiff is a partner in the league and order an accounting;
  302.  
  303. C.
  304.  
  305. Award the Plaintiff sums he should have been paid his efforts as Chief Marketing
  306.  
  307. Officer;
  308. D.
  309.  
  310. Order Defendants to reimburse Plaintiff for sums paid to them or on their behalf;
  311.  
  312. E.
  313.  
  314. Award Plaintiff his attorney’s fees and costs associated with bringing this action
  315.  
  316. and treble damages; and
  317. F.
  318.  
  319. Grant such other relief as it may deem just and proper.
  320.  
  321. Respectfully submitted,
  322.  
  323. MICHAEL MORAN
  324. By and through its attorneys,
  325. CRONIN, BISSON & ZALINSKY P.C.
  326.  
  327. Dated: April 27, 2016
  328.  
  329. /s/ John G. Cronin
  330. John G. Cronin, Esquire (MA BBO #629011)
  331. ----Manchester, New Hampshire 03104
  332. ----
  333.  
  334. 11
  335.  
  336. Case 1:16-cv-10787 Document 1-1 Filed 04/27/16 Page 1 of 2
  337.  
  338. CIVIL COVER SHEET
  339.  
  340. JS 44 (Rev. 11/15)
  341.  
  342. The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
  343. provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
  344. purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
  345.  
  346. I. (a) PLAINTIFFS
  347.  
  348. DEFENDANTS
  349.  
  350. Michael Moran
  351.  
  352. Danielle Rylan, NWHL Foundation, Inc., NWHL Group, LLC and
  353. NWHL Holdings, LLC
  354. Suffolk
  355.  
  356. (b) County of Residence of First Listed Plaintiff
  357.  
  358. County of Residence of First Listed Defendant
  359.  
  360. (EXCEPT IN U.S. PLAINTIFF CASES)
  361. NOTE:
  362.  
  363. (c) Attorneys (Firm Name, Address, and Telephone Number)
  364.  
  365. Hillsborough, FL
  366.  
  367. (IN U.S. PLAINTIFF CASES ONLY)
  368. IN LAND CONDEMNATION CASES, USE THE LOCATION OF
  369. THE TRACT OF LAND INVOLVED.
  370.  
  371. Attorneys (If Known)
  372.  
  373. John G. Cronin, Esquire, Cronin Bisson & Zalinsky, P.C.
  374. ------ Manchester, New Hampshire 03104 ------
  375.  
  376. II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
  377. u 1
  378.  
  379. U.S. Government
  380. Plaintiff
  381.  
  382. u 3
  383.  
  384. Federal Question
  385. (U.S. Government Not a Party)
  386.  
  387. u 2
  388.  
  389. U.S. Government
  390. Defendant
  391.  
  392. u 4
  393.  
  394. Diversity
  395. (Indicate Citizenship of Parties in Item III)
  396.  
  397. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
  398. (For Diversity Cases Only)
  399. PTF
  400. Citizen of This State
  401. u 1
  402.  
  403. DEF
  404. u 1
  405.  
  406. and One Box for Defendant)
  407. PTF
  408. DEF
  409. Incorporated or Principal Place
  410. u 4
  411. u 4
  412. of Business In This State
  413.  
  414. Citizen of Another State
  415.  
  416. u 2
  417.  
  418. u
  419.  
  420. 2
  421.  
  422. Incorporated and Principal Place
  423. of Business In Another State
  424.  
  425. u 5
  426.  
  427. u 5
  428.  
  429. Citizen or Subject of a
  430. Foreign Country
  431.  
  432. u 3
  433.  
  434. u
  435.  
  436. 3
  437.  
  438. Foreign Nation
  439.  
  440. u 6
  441.  
  442. u 6
  443.  
  444. IV. NATURE OF SUIT (Place an “X” in One Box Only)
  445. CONTRACT
  446. u
  447. u
  448. u
  449. u
  450. u
  451. u
  452. u
  453.  
  454. u
  455. u
  456. u
  457. u
  458. u
  459.  
  460. TORTS
  461.  
  462. 110 Insurance
  463. 120 Marine
  464. 130 Miller Act
  465. 140 Negotiable Instrument
  466. 150 Recovery of Overpayment
  467. & Enforcement of Judgment
  468. 151 Medicare Act
  469. 152 Recovery of Defaulted
  470. Student Loans
  471. (Excludes Veterans)
  472. 153 Recovery of Overpayment
  473. of Veteran’s Benefits
  474. 160 Stockholders’ Suits
  475. 190 Other Contract
  476. 195 Contract Product Liability
  477. 196 Franchise
  478.  
  479. u
  480. u
  481. u
  482. u
  483. u
  484. u
  485. u
  486. u
  487. u
  488. u
  489.  
  490. u
  491. u
  492. u
  493. u
  494. u
  495. u
  496.  
  497. REAL PROPERTY
  498. 210 Land Condemnation
  499. 220 Foreclosure
  500. 230 Rent Lease & Ejectment
  501. 240 Torts to Land
  502. 245 Tort Product Liability
  503. 290 All Other Real Property
  504.  
  505. u
  506. u
  507. u
  508. u
  509. u
  510. u
  511. u
  512.  
  513. PERSONAL INJURY
  514. 310 Airplane
  515. 315 Airplane Product
  516. Liability
  517. 320 Assault, Libel &
  518. Slander
  519. 330 Federal Employers’
  520. Liability
  521. 340 Marine
  522. 345 Marine Product
  523. Liability
  524. 350 Motor Vehicle
  525. 355 Motor Vehicle
  526. Product Liability
  527. 360 Other Personal
  528. Injury
  529. 362 Personal Injury Medical Malpractice
  530. CIVIL RIGHTS
  531. 440 Other Civil Rights
  532. 441 Voting
  533. 442 Employment
  534. 443 Housing/
  535. Accommodations
  536. 445 Amer. w/Disabilities Employment
  537. 446 Amer. w/Disabilities Other
  538. 448 Education
  539.  
  540. FORFEITURE/PENALTY
  541.  
  542. PERSONAL INJURY
  543. u 365 Personal Injury Product Liability
  544. u 367 Health Care/
  545. Pharmaceutical
  546. Personal Injury
  547. Product Liability
  548. u 368 Asbestos Personal
  549. Injury Product
  550. Liability
  551. PERSONAL PROPERTY
  552. u 370 Other Fraud
  553. u 371 Truth in Lending
  554. u 380 Other Personal
  555. Property Damage
  556. u 385 Property Damage
  557. Product Liability
  558. PRISONER PETITIONS
  559. Habeas Corpus:
  560. u 463 Alien Detainee
  561. u 510 Motions to Vacate
  562. Sentence
  563. u 530 General
  564. u 535 Death Penalty
  565. Other:
  566. u 540 Mandamus & Other
  567. u 550 Civil Rights
  568. u 555 Prison Condition
  569. u 560 Civil Detainee Conditions of
  570. Confinement
  571.  
  572. u 625 Drug Related Seizure
  573. of Property 21 USC 881
  574. u 690 Other
  575.  
  576. BANKRUPTCY
  577. u 422 Appeal 28 USC 158
  578. u 423 Withdrawal
  579. 28 USC 157
  580. PROPERTY RIGHTS
  581. u 820 Copyrights
  582. u 830 Patent
  583. u 840 Trademark
  584.  
  585. LABOR
  586. u 710 Fair Labor Standards
  587. Act
  588. u 720 Labor/Management
  589. Relations
  590. u 740 Railway Labor Act
  591. u 751 Family and Medical
  592. Leave Act
  593. u 790 Other Labor Litigation
  594. u 791 Employee Retirement
  595. Income Security Act
  596.  
  597. u
  598. u
  599. u
  600. u
  601. u
  602.  
  603. SOCIAL SECURITY
  604. 861 HIA (1395ff)
  605. 862 Black Lung (923)
  606. 863 DIWC/DIWW (405(g))
  607. 864 SSID Title XVI
  608. 865 RSI (405(g))
  609.  
  610. FEDERAL TAX SUITS
  611. u 870 Taxes (U.S. Plaintiff
  612. or Defendant)
  613. u 871 IRS—Third Party
  614. 26 USC 7609
  615.  
  616. IMMIGRATION
  617. u 462 Naturalization Application
  618. u 465 Other Immigration
  619. Actions
  620.  
  621. OTHER STATUTES
  622. u 375 False Claims Act
  623. u 376 Qui Tam (31 USC
  624. 3729(a))
  625. u 400 State Reapportionment
  626. u 410 Antitrust
  627. u 430 Banks and Banking
  628. u 450 Commerce
  629. u 460 Deportation
  630. u 470 Racketeer Influenced and
  631. Corrupt Organizations
  632. u 480 Consumer Credit
  633. u 490 Cable/Sat TV
  634. u 850 Securities/Commodities/
  635. Exchange
  636. u 890 Other Statutory Actions
  637. u 891 Agricultural Acts
  638. u 893 Environmental Matters
  639. u 895 Freedom of Information
  640. Act
  641. u 896 Arbitration
  642. u 899 Administrative Procedure
  643. Act/Review or Appeal of
  644. Agency Decision
  645. u 950 Constitutionality of
  646. State Statutes
  647.  
  648. V. ORIGIN (Place an “X” in One Box Only)
  649. u 1 Original
  650. Proceeding
  651.  
  652. u 2 Removed from
  653. State Court
  654.  
  655. u 3
  656.  
  657. Remanded from
  658. Appellate Court
  659.  
  660. u 4 Reinstated or
  661. Reopened
  662.  
  663. u 5 Transferred from
  664. Another District
  665. (specify)
  666.  
  667. u 6 Multidistrict
  668. Litigation
  669.  
  670. Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
  671.  
  672. 28 U.S.C. 1332
  673.  
  674. VI. CAUSE OF ACTION Brief description of cause:
  675.  
  676. Breach of contract, partnership, MGL c. 93A, quantum meruit, restitution for reimbursement.
  677.  
  678. u CHECK IF THIS IS A CLASS ACTION
  679. VII. REQUESTED IN
  680. UNDER RULE 23, F.R.Cv.P.
  681. COMPLAINT:
  682. VIII. RELATED CASE(S)
  683. (See instructions):
  684. IF ANY
  685. JUDGE
  686. DATE
  687.  
  688. CHECK YES only if demanded in complaint:
  689. u Yes
  690. u No
  691. JURY DEMAND:
  692.  
  693. DEMAND $
  694.  
  695. 200,000.00
  696.  
  697. DOCKET NUMBER
  698.  
  699. SIGNATURE OF ATTORNEY OF RECORD
  700.  
  701. /s/ John G. Cronin
  702.  
  703. 04/27/2016
  704. FOR OFFICE USE ONLY
  705. RECEIPT #
  706.  
  707. AMOUNT
  708.  
  709. APPLYING IFP
  710.  
  711. JUDGE
  712.  
  713. MAG. JUDGE
  714.  
  715. JS 44 Reverse (Rev. 11/15)
  716.  
  717. Case 1:16-cv-10787 Document 1-1 Filed 04/27/16 Page 2 of 2
  718.  
  719. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
  720. Authority For Civil Cover Sheet
  721. The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
  722. required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
  723. required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
  724. Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
  725. I.(a)
  726.  
  727. (b)
  728.  
  729. (c)
  730.  
  731. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
  732. only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
  733. then the official, giving both name and title.
  734. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
  735. time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
  736. condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
  737. Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
  738. in this section "(see attachment)".
  739.  
  740. II.
  741.  
  742. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
  743. in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
  744. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
  745. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
  746. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
  747. to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
  748. precedence, and box 1 or 2 should be marked.
  749. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
  750. citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
  751. cases.)
  752.  
  753. III.
  754.  
  755. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
  756. section for each principal party.
  757.  
  758. IV.
  759.  
  760. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
  761. sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
  762. one nature of suit, select the most definitive.
  763.  
  764. V.
  765.  
  766. Origin. Place an "X" in one of the six boxes.
  767. Original Proceedings. (1) Cases which originate in the United States district courts.
  768. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
  769. When the petition for removal is granted, check this box.
  770. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
  771. date.
  772. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
  773. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
  774. multidistrict litigation transfers.
  775. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
  776. When this box is checked, do not check (5) above.
  777.  
  778. VI.
  779.  
  780. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
  781. statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
  782.  
  783. VII.
  784.  
  785. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
  786. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
  787. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
  788.  
  789. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
  790. numbers and the corresponding judge names for such cases.
  791. Date and Attorney Signature. Date and sign the civil cover sheet.
  792.  
  793. Case 1:16-cv-10787 Document 1-2 Filed 04/27/16 Page 1 of 1
  794. UNITED STATES DISTRICT COURT
  795. DISTRICT OF MASSACHUSETTS
  796. 1. Title of case (name of first party on each side only) Michael Moran v. Danielle Rylan, et al
  797.  
  798. 2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
  799. rule 40.1(a)(1)).
  800.  
  801.  
  802. I.
  803.  
  804. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
  805.  
  806. II.
  807.  
  808. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
  809. 740, 790, 820*, 840*, 850, 870, 871.
  810.  
  811. III.
  812.  
  813. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385,
  814. 400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896,
  815. 950.
  816. *Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
  817.  
  818. 3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
  819. district please indicate the title and number of the first filed case in this court.
  820.  
  821. N/A
  822. 4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
  823. YES
  824.  
  825. 
  826.  
  827. NO
  828.  
  829. ✔
  830.  
  831. 5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest?
  832. §2403)
  833. YES
  834.  
  835. 
  836.  
  837. NO
  838.  
  839. 
  840.  
  841. YES
  842.  
  843. 
  844.  
  845. NO
  846.  
  847. 
  848.  
  849. If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
  850.  
  851. (See 28 USC
  852.  
  853. 6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
  854. YES
  855.  
  856. 
  857.  
  858. NO
  859.  
  860. 
  861.  
  862. 7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
  863. Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
  864. YES
  865. A.
  866.  
  867. NO
  868.  
  869. 
  870.  
  871. If yes, in which division do all of the non-governmental parties reside?
  872. Eastern Division
  873.  
  874. B.
  875.  
  876. 
  877.  
  878. ✔
  879.  
  880. Central Division
  881.  
  882. 
  883.  
  884. Western Division
  885.  
  886. 
  887.  
  888. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
  889. residing in Massachusetts reside?
  890. Eastern Division
  891.  
  892. 
  893.  
  894. Central Division
  895.  
  896. 
  897.  
  898. Western Division
  899.  
  900. 
  901.  
  902. 8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
  903. submit a separate sheet identifying the motions)
  904. YES
  905.  
  906. 
  907.  
  908. NO
  909.  
  910. ✔
  911.  
  912. (PLEASE TYPE OR PRINT)
  913. ATTORNEY'S NAME John G. Cronin
  914. ADDRESS Cronin Bisson & Zalinsky, P.C., -----, Manchester, New Hampshire 03104
  915. TELEPHONE NO. ---(CategoryForm-201.wpd )
  916.  
  917. Case 1:16-cv-10787 Document 1-3 Filed 04/27/16 Page 1 of 1
  918.  
  919. Exhibit 1
  920.  
  921. Case 1:16-cv-10787 Document 1-4 Filed 04/27/16 Page 1 of 1
  922.  
  923. Case 1:16-cv-10787 Document 1-5 Filed 04/27/16 Page 1 of 1
  924.  
  925. Case 1:16-cv-10787 Document 1-6 Filed 04/27/16 Page 1 of 2
  926.  
  927. Case 1:16-cv-10787 Document 1-6 Filed 04/27/16 Page 2 of 2
  928.  
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