ITV Direct, Inc. v. Healthy Solutions, LLC et al

MOTION for Summary Judgment

D. Mass.June 3, 2005

B0416781v1 UNITED STATES DISTRICT COURT For the District of Massachusetts ITV DIRECT, INC., Plaintiff, v. HEALTHY SOLUTIONS, LLC, ET. AL., Defendants. ) ) ) ) ) ) ) ) ) ) ) CAPPSEALS, INC., Plaintiff-in-Intervention v. HEALTHY SOLUTIONS, LLC., d/b/a DIRECT BUSINESS CONCEPTS; ITV DIRECT, INC. AND DIRECT FULFILLMENT, LLC. Intervenor-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C. A. No. 04-CV10421-JLT CAPPSEALS, INC.'S MOTION FOR SUMMARY JUDGMENT Plaintiff-in-Intervention, Cappseals, Inc. (“Cappseals”), respectfully moves for summary judgment on its Reach and Apply Count pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1. Cappseals has already obtained a judgment against Healthy Solutions, LLC ("Healthy Solutions") for approximately $900,000 (Docket No. 91). Additionally, ITV Direct, Inc. (“ITV”) has stipulated to numerous facts demonstrating its debt to Healthy Solutions in the amount of $1,821,864 (Docket No. 113). Accordingly, as discussed in more detail within its Memorandum of Law submitted Case 1:04-cv-10421-JLT Document 116 Filed 06/03/2005 Page 1 of 3 -2- B0416781v1 herewith, Cappseals is entitled to judgment as a matter of law against ITV on its reach and apply claim as, by statute, the undisputed debt owed by ITV to Healthy Solutions can be used to satisfy the judgment debt Healthy Solutions owes to Cappseals. In addition to Cappseals’ Memorandum of Law, Cappseals has also submitted herewith a Concise Statement of Material Facts, and, the Affidavit of Scott A. Silverman in further support of its motion. WHEREFORE, Cappseal’s Motion for Summary Judgment should be GRANTED and judgment should be issued on its reach and apply claim against ITV. Respectfully Submitted, Cappseals, Inc. By its attorneys, /s/ Scott A. Silverman Daniel J. Kelly, BBO # 553926 dkelly@ghlaw.com Scott A. Silverman, BBO # 638087 ssilverman@ghlaw.com Peter Antonelli, BBO # 661526 pantonelli@ghlaw.com Gadsby Hannah LLP 225 Franklin Street Boston, MA 02110 (617) 345-7000 June 3, 2004 Case 1:04-cv-10421-JLT Document 116 Filed 06/03/2005 Page 2 of 3 -3- B0416781v1 CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Motion for Summary Judgment was served on the foregoing attorneys of record pursuant to Fed. R. Civ. P. 5 as follows: Via electronic notification: Peter S. Brooks pbrooks@seyfarth.com Susan W. Gelwick sgelwick@seyfarth.com Dustin F. Hecker dhecker@pbl.com Christopher F. Robertson crobertson@seyfarth.com Becky Christensen bvc@ocmiplaw.com /s/ Scott A. Silverman Daniel J. Kelly BBO# 553926 dkelly@ghlaw.com Scott A. Silverman, BBO #638087 ssilverman@ghlaw.com Gadsby Hannah LLP 225 Franklin Street Boston, MA 02110 DATED: June 3, 2005 (617) 345-7000 Case 1:04-cv-10421-JLT Document 116 Filed 06/03/2005 Page 3 of 3