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IANTOSCA v. BENISTAR ADMIN. SERVICES, INC.

Civil Action No. 08-11785-NMG.

843 F.Supp.2d 148 (2012)

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, SteReh. deniedp 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 6, 2012.

Attorney(s) appearing for the Case

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, Austin L. Furman , Alex T. Case , U.S. Department of Justice, Washington, DC, for Plaintiffs.

Sean T. Carnathan , Benjamin S. Kafka , O'Connor, Carnathan and Mack LLC, Burlington, MA, Gary R. Greenberg , Sebastian R. Colley , Greenberg Traurig, LLP, Robert M. Goldstein , Boston, MA, Joseph M. Pastore, III , Smith, Gambrell & Russell, LLP, New York, NY, Robert L. Ciociola , Litchfield Cavo, Lynnfield, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

This action is scheduled to proceed at a bench trial in this Session on Monday, March 26, 2012. Currently before the Court is the defendants' motion for a jury trial on all claims by the plaintiffs and the government, a plaintiff by intervention. The motion is opposed by both the plaintiffs and the government.

I. Background

Plaintiffs are judgment creditors of several...

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