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IANTOSCA v. BENISTAR ADMIN SERVICES, INC.

Civil Action No. 08-11785-NMG.

765 F.Supp.2d 79 (2011)

Joseph IANTOSCA, Individually and as Trustee of the Faxon Heights Apartments Realty Trust and Fern Realty Trust, Belridge Corporation, Gail A. Cahaly, Jeffrey M. Johnston, Bellemore Associates, LLC, and Massachusetts Lumber Company, Inc., Plaintiffs, v. BENISTAR ADMIN 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 Service Inc., Benistar Insurance Group, Inc., and Benistar 419 Plan Services Inc., Defendants, Travelers Insurance Company and Certain Underwriters at Lloyd's, London, Reach and Apply Defendants. Certain Underwriters at Lloyd's, London and All Participating Insurers and Syndicates, Third-Party Plaintiff, v. Wayne H. Bursey, Third-Party Defendant.

United States District Court, D. Massachusetts.

February 18, 2011.

Attorney(s) appearing for the Case

Austin L. Furman, U.S. Department of Justice, Washington, DC, Anthony R. Zelle, Thomas W. Evans, Zelle McDonough & Cohen LLP, Colleen C. Cook, William C. Nystrom, Nystrom Beckman & Paris LLP, John E. O'Brien, Jr., Robinson & Cole LLP, Boston, MA, for Plaintiffs.

Sean T. Carnathan, Benjamin S. Kafka, O'Connor, Carnathan and Mack LLC, Burlington, MA, Eric C. Osterberg, Frances Codd Slusarz, Joseph M. Pastore, III, Fox Rothschild LLP, Stamford, CT, Gary R. Greenberg, Sebastian R. Colley, Greenberg Traurig, LLP, Boston, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

This case arises from the plaintiffs' effort to recover on a multimillion dollar Massachusetts state court judgment against some of the defendants.

I. Factual Background

Plaintiffs claim that they are judgment creditors of several of the defendants in an aggregate of $20 million, only a portion of which has been paid. That judgment ("the Cahaly Judgment") is the result...

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