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2011.07.11 Fifth Amended Complaint and Supplemental Complaint and Jury Trial Demand

2011.07.11 Fifth Amended Complaint and Supplemental Complaint and Jury Trial Demand

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Published by 1pcornwell

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Published by: 1pcornwell on Sep 06, 2012
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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS
CORNWELL ENTERTAINMENT, INC.(f/k/a CEI ENTERPRISES, INC. andCORNWELL ENTERPRISES, INC.),PATRICIA D. CORNWELL, andSTACI GRUBER, Ph.D.,Plaintiffs,v.ANCHIN, BLOCK & ANCHIN LLP, andEVAN H. SNAPPER,Defendants.))))))))))))))))Civil Action No. 09-11708-GAO
FIFTH AMENDED ANDSUPPLEMENTED COMPLAINTAND JURY TRIAL DEMANDJury Trial Demanded On All Counts So Triable.
This is an action in which Cornwell Entertainment, Inc., f/k/a CEI Enterprises,Inc. and Cornwell Enterprises, Inc. (“CEI”), its sole shareholder Patricia D. Cornwell(“Ms. Cornwell”), and her spouse Staci Gruber, Ph.D. (“Dr. Gruber”) (collectively“Plaintiffs”) seek damages from their former accounting firm, investmentadvisor/manager, and business manager Anchin, Block & Anchin LLP and its former  principal, Evan H. Snapper, for negligent performance of professional services, breach of fiduciary duty, breach of contract, conversion, intentional interference with advantageousrelations, equitable forfeiture, violation of the Massachusetts and New York Consumer Protection Acts and New York common law, and defamation (i.e., libel).
Case 1:09-cv-11708-GAO Document 77 Filed 07/11/11 Page 1 of 35
 
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Jurisdiction and Venue
1.Plaintiff CEI is a corporation incorporated in Virginia with its principal place of business in eastern Massachusetts.2.Plaintiff Ms. Cornwell is an author whose principal residence and officesare located in eastern Massachusetts. Ms. Cornwell is the sole owner of CEI.3.Plaintiff Dr. Gruber, Ms. Cornwell’s spouse, is a Harvard neuroscientistwhose principal residence and place of business are located in eastern Massachusetts.4.Defendant Anchin, Block & Anchin LLP (“Anchin”) is a limited liability partnership that provides accounting and traditional and non-traditional advisory servicesto privately held corporations and high net worth individuals. Anchin’s principal place of  business is in New York City.5.Although Anchin does not maintain an office in Massachusetts, fromJanuary 1, 2005 (and earlier through predecessor entity Yohalem Gillman & Company)through August of 2009, Anchin transacted business with Plaintiffs in theCommonwealth, contracted to supply services to Plaintiffs in the Commonwealth, causedtortious injury to Plaintiffs by an act or omission in the Commonwealth, and causedtortious injury to Plaintiffs by an act or omission outside of the Commonwealth whileregularly doing business in the Commonwealth and deriving substantial revenue fromservices rendered in the Commonwealth. This Court therefore has personal jurisdictionover Anchin pursuant to Massachusetts General Laws, c. 223A, § 3.6.Defendant Evan H. Snapper (“Mr. Snapper”) is a former principal of Anchin whose principal residence, upon information and belief, is in Connecticut, andwhose principal place of business was in New York throughout the relevant period of January 2005 through August 2009.
Case 1:09-cv-11708-GAO Document 77 Filed 07/11/11 Page 2 of 35
 
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7.Although Mr. Snapper does not reside in Massachusetts nor does he principally work in Massachusetts, Mr. Snapper transacted business with Plaintiffs in theCommonwealth via regular business-related visits to the Commonwealth, caused tortiousinjury to Plaintiffs by an act or omission in the Commonwealth, and caused tortiousinjury to Plaintiffs by an act or omission outside of the Commonwealth while regularlydoing business in the Commonwealth and deriving substantial revenue from servicesrendered in the Commonwealth. This Court therefore has personal jurisdiction over Mr.Snapper pursuant to Massachusetts General Laws, c. 223A, § 3.8.The citizenship of Defendants on the one hand, and Plaintiffs on the other,is diverse; and the amount in controversy exceeds $75,000, exclusive of interest andcosts. This Court therefore has diversity jurisdiction over this case pursuant to 28 U.S.C.§ 1332.9.Venue is proper in this district because Plaintiffs Ms. Cornwell andDr. Gruber maintain their principal residence and workplaces and Plaintiff CEI maintainsits principal offices in eastern Massachusetts, and the real property referenced herein islocated in Massachusetts.
Preliminary Factual Allegations Applicable to All Counts
10.Beginning in the mid-1990’s, Plaintiffs CEI and Ms. Cornwell retained theservices of Stanley Gillman, a principal in a New York Certified Public Accounting(“CPA”) firm known as Yohalem Gillman & Company (“Yohalem Gillman”) for investment advising. CEI’s and Ms. Cornwell’s business needs were otherwise handledthrough CEI’s own employees. On April 5, 2002, following a lengthy illness, Mr.Gillman passed away. Thereafter, Yohalem Gillman principal Ira Yohalem (“Mr.
Case 1:09-cv-11708-GAO Document 77 Filed 07/11/11 Page 3 of 35

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