Pare ex rel. Springer Farm Trust v. Northborough Capital Partners, LLC
Pare ex rel. Springer Farm Trust v. Northborough Capital Partners, LLC
Opinion of the Court
ORDER ON DEFENDANT’S MOTION TO DISMISS (Docket No. 12)
Plaintiff Michael Pare (“Pare”) brings this action as Trustee of the Springer Farms Trust against commercial lender Northborough Capital Partners, LLC (“NCP”), seeking damages for unfair and deceptive business practices under the Massachusetts Consumer Protection Act, M.G.L. c. 93A. Pare alleges that NCP intentionally failed to discharge the Springer Farm Trust’s mortgage, and misappropriated funds belonging to the Trust. NCP has moved to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6), arguing that Pare cannot obtain relief under 93A because the statute limits recovery to injuries caused by deceptive acts in trade or commerce “directly or indirectly affecting
Chapter 93A-makes unlawful “unfair or deceptive acts or practices in the conduct of any trade or commerce.” See M.G.L. c. 93A § 2(a). The statute “creates two causes of action, one for persons engaged in trade or commerce, see M.G.L. c. 93A § 11, and another for all other persons, see id. § 9.” Daley v. Twin Disc, Inc., 440 F.Supp.2d 48, 52 (D.Mass. 2006) (citing Boos v. Abbott Laboratories, 925 F.Supp. 49, 55 (D.Mass. 1996)) (internal quotations omitted). The two sections impose differing requirements on plaintiffs. Unlike actions under § 9, an action brought under § 11 must allege unfair practices that occur “primarily and substantially within the Commonwealth.” M.G.L. c. 93A §§ 9, 11. Plaintiffs under § 9 must send a demand letter thirty days prior to bringing an action, a requirement not contained in § 11. See M.G.L. c. 93A §§ 9(3); Nader v. Citron, 372 Mass. 96, 99-101, 360 N.E.2d 870 (1977).
The complaint contains sufficient factual detail to state that NCP engaged in unfair and deceptive practices, and that the conduct affected the people of Massachusetts.
ORDER
Plaintiff shall, within fourteen days, file an amended complaint that provides a more definite statement of his claims under § 9 and/or § 11 of M.G.L. c. 93A. Defendant’s motion to dismiss (Docket No. 12) is denied without prejudice.
SO ORDERED.
. The complaint alleges that NCP intentionally deprived the Springer Farm Trust of $76,263.46 in insurance proceeds. It' further alleges that the trustee and eleven beneficiaries of the Springer Farm Trust are residents of Massachusetts, and that the beneficiaries of the trust ultimately bear any loss sustained by the trust. See Pl.’s First Am. Compl. ¶¶ 1, 3, 29, 30.
Reference
- Full Case Name
- Michael PARE, as Trustee of the Springer Farm Trust v. NORTHBOROUGH CAPITAL PARTNERS, LLC
- Status
- Published