Cherry Hills Apartments of Fort Worth, LLC et al v. Engleby

Filing 21

District Judge Leo T. Sorokin: ORDER entered. The motions for a preliminary injunction, (8) Motion for Preliminary Injunction in case 1:14-cv-12953-LTS and (7) Motion for Preliminary Injunction in case 1:14-cv-12954-LTS, are DENIED. See attached Order. Associated Cases: 1:14-cv-12953-LTS, 1:14-cv-12954-LTS. (Matteson, Nicholas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
____________________________________
)
Cherry Hills Apartments of Fort Worth
)
LLC D/B/A FW Cherry Hills Apartments, )
LLC, Michael Farragher, Sheila Farragher- )
Gemma, Jeremy Shapiro, Anthony L.
)
Farragher-Gemma and Robert Gemma,
)
)
Plaintiffs,
)
)
v.
)
Civil Action No. 14-12953-LTS
)
Robert T. Engleby,
)
)
Defendant.
)
)
)
Cherry Hills Apartments of Fort Worth
)
LLC D/B/A FW Cherry Hills Apartments, )
LLC, Michael Farragher, Sheila Farragher- )
Gemma, Jeremy Shapiro, Anthony L.
)
Farragher-Gemma and Robert Gemma,
)
)
Plaintiffs,
)
)
v.
)
Civil Action No. 14-12954-LTS
)
Robert T. Engleby,
)
)
Defendant.
)
)

ORDER ON PLAINTIFFS’
MOTION FOR A PRELIMINARY INJUCTION
July 30, 2014
SOROKIN, D.J.
Plaintiffs in these two actions moved for preliminary injunctions enjoining Defendant
from foreclosing on properties located at 30 Oriole Road in Medfield, Massachusetts and 6-8

Morgan Place, in Newton, Massachusetts, respectively. The Court held a nonevidentiary hearing
on July 30, 2014.
Plaintiffs bear the burden to establish all elements required for grant of a preliminary
injunction, including a likelihood of success on the merits. New Comm Wireless Servs., Inc. v.
SprintCom, Inc., 287 F.3d 1, 8-9 (1st Cir. 2002). In order to make this showing, Plaintiffs
concede they must establish the likelihood of success on the claim of fraud currently being
litigated in Texas state court. In support of their claim, Plaintiffs offer only the verified
complaint, which makes general allegations of fraud, but have presented no specific evidence to
otherwise substantiate their claim. In response, Defendant has offered specific evidence, in the
form of rent rolls, which is inconsistent with the general allegation of fraud contained in the
verified complaint. On this record, Plaintiffs have not established a likelihood of success on
their claim of fraud. Accordingly, the motion for a preliminary injunction in each of the abovecaptioned cases is DENIED.

SO ORDERED.
/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge

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