MJ’s Market: The Fight for Fairness in the Cannabis Industry
MJ’s Market, a locally-owned cannabis business, is at the forefront of a critical effort to address the unchecked power of corporate giants and the impact of questionable local government decisions. Caught in two significant legal battles—one in the U.S. District Court and another in Massachusetts Superior Court—the company is working to expose practices that have obstructed its operations and jeopardized fair competition in the cannabis industry.
These cases highlight how anti-competitive tactics and favoritism can undermine small businesses, disrupt local economies, and limit consumer choice. MJ’s Market aims to bring these issues to light and advocate for meaningful change, focusing on the need for transparency, accountability, and integrity within the cannabis sector.
Through this effort, MJ’s Market seeks to resolve its challenges and spark a broader conversation about fairness in the industry, urging both regulators and stakeholders to prioritize equitable practices for all participants.
MJ’s Market: The Fight for Justice!
Federal Case: Challenging Corporate Monopolization
U.S. District Court for the District of Massachusetts
Case No.: 4:2023cv40037
Key Allegations:
• Anti-Competitive Practices:
Defendants allegedly filed baseless zoning appeals and legal objections to delay MJ’s Market’s progress, despite the company’s compliance with all zoning laws.
• Merger Agreement Motivation:
A merger agreement between Nature’s Remedy and Jushi Holdings allegedly included a $15 million payout contingent on MJ’s Market not opening within a specified distance. MJ’s Market argues that this financial incentive drove the defendants’ obstruction tactics.
Impact:
• Lost Revenue: MJ’s Market claims over $50 million in lost revenue due to delayed operations.
• Legal and Operational Costs: The company also cites significant expenses related to defending against alleged obstruction efforts.
Legal Focus:
• The case hinges on proving the defendants engaged in “sham litigation” under antitrust laws, violating federal regulations designed to ensure fair competition.
State Case: Fighting Local Government & Competitors
Massachusetts Superior Court
Case No.: 2384CV02794
Key Issues:
• Breach of Contract:
The Town of Tyngsborough refused to extend a Host Community Agreement (HCA) despite MJ’s Market securing all necessary permits and defending zoning appeals at the Town’s request.
• Unfair Treatment:
The Town allegedly prioritized “big money players” like Sanctuary Medicinals and Yellow House Cannabis over MJ’s Market, granting a new HCA to competitors using MJ’s design plans.
• Unjust Enrichment:
The Town allegedly benefited from MJ’s efforts to defend its zoning appeal but ultimately denied the company the opportunity to operate.
Court Rulings: The court allowed key claims to proceed, including
Declaratory Judgment: Confirming MJ’s Market’s rights under the HCA.
Breach of Contract and Good Faith: Recognizing potential misconduct by the Town.
Unjust Enrichment: Finding grounds for the Town’s alleged unfair gain from MJ’s Market’s efforts.
Jushi & MJ's Market History
The legal battle between MJ's Market, Inc. and Jushi MA, Inc.(Natures Remedy), along with Valiant Enterprises, LLC, began on November 9, 2021, when Jushi and Valiant filed a civil complaint in what MJ's Market contends was a calculated delay tactic to maintain their monopoly in the cannabis market.
Throughout the case, Jushi repeatedly engaged in legal maneuvers, filing motions and raising procedural objections designed to stall MJ's Market’s entry into the industry.
Despite facing significant legal hurdles, MJ's Market secured important victories, including court approval for expedited discovery.
However, motions critical to holding Jushi accountable, such as compelling a cash bond and deposing expert witnesses, were denied, extending the litigation process and driving up costs for MJ's Market.
On November 30, 2023, the case was dismissed.
However, the drawn-out legal proceedings orchestrated by Jushi over the two years had effectively served Jushi’s purpose.
Competition was eliminated and Jushi, at MJ’s Market's expense, maintained its monopoly in the cannabis market – a monopoly that exists to this day.
A History of Betrayal:
MJ’s Market’s Fight Against the Odds
MJ’s Market’s legal struggles trace back to its initial efforts to establish a locally owned cannabis dispensary in Tyngsborough, MA.
Originally selected as the best candidate by the Town’s subcommittee, MJ’s Market was unexpectedly passed over by the Board of Selectmen in favor of larger operators.
Despite this setback, MJ’s Market persevered, eventually winning the necessary permits after a prolonged fight involving the Town, the landowner, and zoning appeals.
However, the struggle didn’t end there. After defending its permits against a barrage of legal challenges from competitors like Nature’s Remedy, MJ’s Market found itself abandoned by the very parties it had fought alongside.
Over the course of our legal battle against Jushi, The Town of Tyngsborough and the landowner seemingly aligned with Sanctuary Medicinal, & created Yellow House Cannabis.
The town then granted a Host Community Agreement to Yellow House Cannabis, where MJ’s Market’s original site design was used and is standing today.
This series of betrayals underscores a troubling trend in the cannabis industry—favoring corporate giants over local businesses.
Despite being shut out of the market, MJ’s Market continues its legal battle, determined to hold these powerful entities accountable and fight for fairness in an increasingly monopolized industry.
Demand Fair Competition
Write to the Cannabis Control Commission and ask them to hold corporations like Jushi accountable for unfair practices that harm local businesses. Your voice can help level the playing field!
Support Local Business
Stand Up for Local Businesses in Tyngsborough Tell the Town of Tyngsborough to stop favoring big corporations over small, local businesses like MJ’s Market. Fairness starts at the local level!
The Broader Fight Systemic Issues
These cases reveal how corporations and municipalities can exploit resources and regulations to stifle small businesses. They underscore the importance of holding these entities accountable for anti-competitive and unfair practices. MJ’s Market’s Stand: Despite being forced to close its doors, MJ’s Market is committed to seeking justice. The lawsuits aim not only to recover damages but also to set a precedent for fairness in the emerging cannabis industry.
MJ's Market - A Cannabis Experience!
At MJ's Market, our vision is simple: "Achieving your higher purpose." Founded as a family-run cannabis business, we aimed to serve our community with fairness, quality, and an educational approach that empowered consumers to make informed choices in their buying experience. While our doors may have closed due to challenges in the industry, our dedication to justice and transparency remains steadfast as we continue to fight for fairness in cannabis. Check out some of our photos and reviews in google. We were and will be again, the best dispensary in America. A true Cannabis experience!
Federal Case Events
Current - Pending Judge's Opinion on Motion to Dismiss
01/16/2025 2:30PM - Status Call Online
04/02/2024 - All
Motions to Dismiss Denied
03/31/2023 - Complaint Filed
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Filed & Entered: 11/07/2024
Docket Text Transcript
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Docket Text Notice of Filing of Official Transcript
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Filed & Entered: 11/01/2024
Docket Text Scheduling Conference
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Filed & Entered: 10/29/2024
Docket Text Transcript
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Docket Text Notice of Filing of Official Transcript
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Docket Text Response to Motion
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Docket Text Order on Motion to Continue
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Filed & Entered: 10/04/2024
Terminated: 10/07/2024
Docket Text Motion to Continue
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Filed & Entered: 10/03/2024
Docket Text Notice Resetting Hearings
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Docket Text Notice Resetting Hearings
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Docket Text Notice of Appearance
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Docket Text Notice Resetting Hearings
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Docket Text Order on Motion to Continue
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Docket Text Notice of Withdrawal of Appearance
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Docket Text Opposition to Motion
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Docket Text Reply to Response to Motion
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Docket Text Notice of Appearance
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Terminated: 08/20/2024
Docket Text Motion to Continue
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Docket Text Order on Motion for Hearing
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Docket Text Notice of Hearing
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Docket Text Order on Motion for Entry of Default
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Docket Text Order on Motion for Extension of Time to Answer
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Docket Text Notice (Other)
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Docket Text Motion for Hearing
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Docket Text Motion for Entry of Default
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Docket Text Order on Motion to Withdraw as Attorney
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Filed & Entered: 07/07/2024
Terminated: 07/09/2024
Docket Text Motion to Withdraw as Attorney
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Filed & Entered: 05/24/2024
Docket Text Proposed Document(s) submitted
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Docket Text Notice of Appearance
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Docket Text Notice of Appearance
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Filed & Entered: 04/16/2024
Terminated: 07/23/2024
Docket Text Motion for Extension of Time to File Answer
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Filed: 03/31/2024
Entered: 04/02/2024
Docket Text Order on Motion to Dismiss for Failure to State a Claim
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Filed: 03/31/2024
Entered: 04/02/2024
Docket Text Order on Motion to Dismiss for Failure to State a Claim
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Filed & Entered: 01/19/2024
Docket Text Notice of Appearance
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Filed & Entered: 01/19/2024
Docket Text Order on Motion to Dismiss for Failure to State a Claim
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Filed & Entered: 12/07/2023
Docket Text Order on Motion to Continue
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Docket Text Notice of Hearing on Motion
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Filed & Entered: 12/06/2023
Terminated: 12/07/2023
Docket Text Motion to Continue
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Filed & Entered: 11/03/2023
Docket Text Notice of Appearance
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Filed & Entered: 10/20/2023
Docket Text Notice of Hearing on Motion
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Docket Text Notice of Appearance
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Docket Text Notice of Withdrawal of Appearance
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Docket Text Notice of Case Assignment
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Docket Text Refusal to Consent to Proceed Before a US Magistrate Judge
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Docket Text Reminder to Submit Consent or Refusal of MJ Jurisdiction and Notice Setting Status Conference
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Docket Text Opposition to Motion
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Docket Text Opposition to Motion
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Docket Text Notice of Withdrawal of Appearance
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Docket Text Corporate Disclosure Statement
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Terminated: 08/09/2023
Docket Text Motion for Extension of Time to File Response/Reply
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Docket Text Order on Motion for Extension of Time to File Response/Reply
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Filed & Entered: 08/03/2023
Docket Text Corporate Disclosure Statement
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Filed & Entered: 08/01/2023
Docket Text Reminder to Submit Consent or Refusal of MJ Jurisdiction and Notice Setting Status Conference
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Filed & Entered: 07/31/2023
Terminated: 03/31/2024
Docket Text Motion to Dismiss for Failure to State a Claim
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Filed & Entered: 07/31/2023
Docket Text Memorandum in Support of Motion
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Docket Text Notice of Appearance
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Terminated: 03/31/2024
Docket Text Motion to Dismiss for Failure to State a Claim
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Docket Text Memorandum in Support of Motion
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Docket Text Waiver of Service Executed
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Docket Text Waiver of Service Executed
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Docket Text Order to Show Cause
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Docket Text Complaint
State Case Events
11/04/2024 Answer to the counterclaim
Applies To: El Kareh, Colette (Defendant) 33
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10/25/2024 Answer to original complaint
Applies To: Town Of Tyngsborough Select Board (Defendant) 32
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10/01/2024 Endorsement on Motion to Dismiss (#12.0): Other action taken
Allowed in part, denied in part. See separate memorandum and order.
(Dated" 9/30/24)
Notice sent 10/1/24
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10/01/2024 MEMORANDUM & ORDER:
Order on Town of Tyngsborough's Motion to Dismiss (No. 12)
ORDER: For the foregoing reasons, the Town's Motion to Dismiss is ALLOWED with respect to Counts II, III. VIII and XI. It is DENIED with respect to Counts I, IV, VII and IX.
(Dated: 9/30/24)
Judge: Cowin, Hon. Jackie
Notice sent 10/1/24 31
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09/24/2024 Answer to original complaint
Applies To: Sanctuary Medicinals, Inc. (Defendant) 30
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08/14/2024 ORDER: Order Striking Plaintiff's Amended Complaint (No. 26)
See paper #28
(Dated 8/13/2024)
Notice sent 8/14/24 28
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08/14/2024 Bench Memorandum regarding First Amended Complaint 29
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08/12/2024 Matter taken under advisement: Rule 12 Hearing scheduled on:
08/12/2024 02:30 PM
Has been: Held - Under advisement
Hon. Jackie Cowin, Presiding
Staff:
Philip Drapos, Assistant Clerk Magistrate
08/06/2024 Event Result:: Rule 12 Hearing scheduled on:
08/12/2024 02:30 PM
Has been: Canceled For the following reason: Request of Defendant
Comments: Hearing Canceled at Request due to filing of an Amended Complaint.
Hon. Jackie Cowin, Presiding
Staff:
Philip Drapos, Assistant Clerk Magistrate
08/06/2024 Plaintiff Mj's Market, Inc.'s Notice of
Dismissal without prejudice og GL c93A claim against deft
Applies To: Yellow House Cannabis LLC (Defendant) 27
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08/02/2024 Amended: First amended complaint filed by Mj's Market, Inc. 26
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07/30/2024 Endorsement on Motion to dismiss the complaint (#21.0): DENIED
The allegations of the Complaint plausibly allege both direct wrongdoing by Sanctuary- see paragraphs 34, 39, 93, and 94- and a connection between Sanctuary and Yellow House (See paragraph 98) that existed in Order to perpetrate the scheme that is described in the Complaint. Separately, the Court notes that Sanctuary improperly appended an affidavit to this Rule 12(b0(6) Motion, and filed a reply that is twice the length allowed by the rules.
(Dated 7/30/2024)
Notice Sent 7/31/24
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07/11/2024 Defendant Sanctuary Medicinals, Inc.'s Motion to dismiss
the complaint 21
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07/11/2024 Sanctuary Medicinals, Inc.'s Memorandum in support of
motion to dismiss the complaint 22
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07/11/2024 Exhibits/Appendix
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07/11/2024 Opposition to Sanctuary Medicinals, Inc.'s motion to dismiss filed by Mj's Market, Inc. 23
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07/11/2024 Exhibits/AppendixImage
07/11/2024 Reply/Sur-reply
Reply in Further Support of Sanctuary's Motion to dismiss 24
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07/11/2024 Affidavit of Jason Sidman 25
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07/11/2024 Notice of Filing
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07/11/2024 Corporate Disclosure Statement
Applies To: Sanctuary Medicinals, Inc. (Defendant)
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06/07/2024 Answer to original complaint
Applies To: Yellow House Cannabis LLC (Defendant) 20
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06/05/2024 Defendant Sanctuary Medicinals, Inc.'s Notice for
service of motion to dismiss the complaint
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05/24/2024 Endorsement on Motion to dismiss The Complaint filed by the Plaintiff (#16.0): DENIED
Even without allegations that El Kaveh and others were promoters or agents of Yellow House , the Complaint sets forth allegations establishing a plausible claim for unjust enrichment and intentional interference against this defendant in paragraphs 105,106 and 155. Moreover it can be reasonably inferred from the allegations in paragraph 98 that el Kaveh and Sanctuary were promoters of agents of Yellow House. Notice sent 5.28/24
Judge: Cowin, Hon. Jackie
05/24/2024 Attorney appearance electronically filed.
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05/23/2024 Event Result:: Rule 12 Hearing scheduled on:
08/12/2024 02:30 PM
Has been: Canceled For the following reason: By Court prior to date
Hon. Jackie Cowin, Presiding
Staff:
Philip Drapos, Assistant Clerk Magistrate
05/08/2024 Attorney appearance
On this date Daniel J Finnegan, Esq. added for Defendant Urban-Gro Inc.
05/08/2024 Attorney appearance electronically filed.
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05/08/2024 Attorney appearance
On this date Michael J McAndrew, Esq. added for Defendant Urban-Gro Inc.
05/08/2024 Attorney appearance electronically filed.
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05/06/2024 Defendant Yellow House Cannabis LLC's Motion to dismiss
the complaint 16
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05/06/2024 Yellow House Cannabis LLC's Memorandum in support of
motion to dismiss the complaint 17
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05/06/2024 Opposition to Yellow House Cannabis, LLC's motion to dismiss filed by Mj's Market, Inc. 18
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05/06/2024 Yellow House Cannabis LLC's Reply Memorandum in support of
Defendant Yellow House Cannabis LLC's motion to dismiss the complaint 19
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05/06/2024 Corporate Disclosure Statement
Applies To: Yellow House Cannabis LLC (Defendant)
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05/06/2024 Notice of Filing
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05/02/2024 Defendant Town Of Tyngsborough Select Board, Ronald Keohane, Eric Eldridge, Katerina Kalabokis, Mike Moran's Motion to
Dismiss 12
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05/02/2024 Town Of Tyngsborough Select Board, Ronald Keohane, Eric Eldridge, Katerina Kalabokis, Mike Moran's Memorandum in support of
The Town of Tyngsborough Select Board's Motion to Dismiss 13
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05/02/2024 Opposition to Town of Tyngsborough's Motion to Dismiss filed by Mj's Market, Inc. 14
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05/02/2024 Reply/Sur-reply
Town of Tyngsborough Select Board's Reply to Plaintiff's Opposition to the Motion to Dismiss 15
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05/02/2024 Notice of Filing
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05/02/2024 Document Listing per Superior Curt Rule 9A
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04/23/2024 Attorney appearance
On this date Thomas T Reith, III, Esq. added for Defendant Sanctuary Medicinals, Inc.
04/23/2024 Attorney appearance
On this date Devon C Bodey, Esq. added for Defendant Sanctuary Medicinals, Inc.
04/18/2024 Endorsement on Motion to Extend Time to Answer, Move or Otherwise Respond to Complaint (#8.0): ALLOWED
(Dated 4/17/2024) Notice Sent 4/19/24
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04/17/2024 Counterclaim filed.
04/16/2024 Answer to original complaint
Applies To: Joseph Husband Of Mary Realty Trust (Defendant); El Kareh, Colette (Defendant) 10
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04/16/2024 Answer with a counterclaim
Applies To: El Kareh, Colette (Defendant) 11
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04/11/2024 Plaintiff Mj's Market, Inc.'s Notice of
Assent to Emergency Motion to Extend Time 9
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04/10/2024 Defendant Sanctuary Medicinals, Inc.'s EMERGENCY Motion to
Extend Time to Answer, Move or Otherwise Respond to Complaint through and including May 10, 2024 8
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04/08/2024 Endorsement on Motion to Extend Time to Effective Service on Defendant Urban-Gro, Inc. in the Above-Captioned Matter (#5.0): ALLOWED
(dated 4/05/24) Notice Sent 4/8/24
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04/08/2024 Attorney appearance
On this date Timothy Swain, Esq. added for Defendant Yellow House Cannabis LLC
04/08/2024 Attorney appearance electronically filed.
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04/08/2024 Defendant Yellow House Cannabis LLC's Notice of
Motion to Dismiss 7
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04/03/2024 Plaintiff Mj's Market, Inc.'s EMERGENCY Motion to
Extend Time to Effective Service on Defendant Urban-Gro, Inc. in the Above-Captioned Matter up t and including April 17, 2024 5
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04/03/2024 Service Returned of Diligent Search (unserved)
Applies To: Urban-Gro Inc. (Defendant) 6
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03/29/2024 Defendant Town Of Tyngsborough Select Board's Notice of
Service of Motion to Dismiss Image
03/14/2024 Attorney appearance electronically filed.
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02/28/2024 Civil action cover sheet filed.
returned re: Complaint ($6 Million) 4
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02/28/2024 Case assigned to:
DCM Track F - Fast Track was added on 02/28/2024
02/22/2024 Attorney appearance electronically filed.
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12/27/2023 Notice of 93A complaint sent to Attorney General
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12/12/2023 NOTICE OF DENIAL OF ACCEPTANCE INTO THE BUSINESS LITIGATION SESSION:
This case came before the court for review after initial filings in the Business Litigation Session. However, after review, acceptance into the Business Litigation Session is denied. This case is referred to the Clerk's Office for reassignment. Dated: December 11, 2023 Notice sent 12/12/23
Judge: Salinger, Hon. Kenneth W 3
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12/12/2023 Civil action cover sheet mailed re: complaint
12/11/2023 Complaint electronically filed. 1
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12/11/2023 Civil action cover sheet filed. 2
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12/11/2023 Attorney appearance
On this date Eric J Kfoury, Esq. added for Plaintiff Mj's Market, Inc.