Hoffman v. The Peninsula Council, Inc. et al

Filing 37

Judge George A. OToole, Jr: ORDER entered denying 22 Motion to Dismiss (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 14-13075-GAO
SHEPARD HOFFMAN,
Plaintiff,
v.
THE PENINSULA COUNCIL, INC.,
JOSEPH FISHER, MICHAEL RICHARDSON, FRANCES DREW,
JOHN FITZSIMMONS, SR., and WILLIAM GILLITT,
Defendants.

ORDER
August 11, 2015
O’TOOLE, D.J.
The plaintiff Shepard Hoffman brings this action against defendants Peninsula Council and
five of its officers and members in their individual and corporate capacities. He seeks monetary
and equitable relief on six state law claims for breach of contract and fiduciary duty, negligence,
civil conspiracy, and fraud. The defendants have moved to dismiss.
On August 6, 2015, this Court held a hearing on the defendants’ motion. Although some
of the claims appear problematic, they are sufficiently pled such that dismissal at this stage would
be premature. The parties shall have the opportunity to elucidate their claims and defenses through
discovery.
The defendants’ motion to dismiss (dkt. no. 22) is DENIED. The clerk is instructed to set
the case for a scheduling conference.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge