Capital Finance, LLC et al v. 22 Maple Street, LLC et al

Filing 35

Judge Rya W. Zobel: ORDER entered. MEMORANDUM OF DECISION on Emergency Motion for Appointment of Receiver. (Alves-Baptista, Antonia)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO 18-10172-RWZ CAPITAL FINANCE, LLC. etal. V. 22 MAPLE STREET, LLC, etal. MEMORANDUM OF DECISION March 9, 2018 ZOBEL, S.D.J. Plaintiff-lenders Capital Finance, LLC and Capital Funding, LLC move for appointment of a receiver of "owner" defendant-borrowers 22 Maple Street, LLC; 25 Oriol Drive, LLC; 59 Coolidge Road, LLC; and 20 Kinmonth Road, LLC (the "Owner Defendants") and "operator" defendant-borrowers Waban Health Center, LLC; Merrimack Valley Health Center, LLC; Watertown Health Center, LLC; and Worcester Health Center, LLC (the "Operator Defendants"). Defendants own and operate skilled nursing facilities at their Massachusetts properties. Though all defendants are distinct corporate entities, each is controlled and managed by non-party Synergy Health Centers, LLC ("Synergy"). See Docket # 1-2 at 88, 89. On January 16, 2018, plaintiffs filed a complaint in the Business Litigation Session of the Suffolk Superior Court alleging defendants had breached their loan agreements and seeking appointment of a receiver of the properties and nursing home operations. Defendants subsequently removed the action to this court. After briefing

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