Commonwealth of Massachusetts County of Suffolk The Superior Court CIVIL DOCKET#: SUCV2013-00812-B RE: Massachusetts v Pinnacle Financial Consulting LLC et al TO: Justin J Lowe, Esquire Mass Atty General's Office 1 Ashburton Place 17th floor Boston, MA 02108 NOTICE OF DOCKET ENTRY You are hereby notified that on 04/12/2013 the following entry was made on the above referenced docket: Amended Preliminary Injunction order (Fahey,J) Notice Sent 4/11/13 (entered 4/9/13) Dated at Boston, Massachusetts this 16th day of April, 2013. Michael Joseph Donovan, Clerk of the Courts BY: Richard Muscato Assistant Clerk Telephone: 617-788-8141 Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at (617) 788-8130 cvdgeneric_2 wpd 4299815 order tucklisa
COMMONWEALTH OF MASSACHUSETTNOT1 SUFFOLK, ss.. I.` 1- - -- Civil SUPERIOR COURT Action No. 13-0812B COMMONWEALTWOF MASSACHUSETTS Plaintiff v. PINNACLE FINANCIAL CONSULTING, LLC, f/k/a PINNACLE FINANCIAL AND LEGAL SOLUTIONS, LLC a Massachusetts limited liability company; and ROBERT BURTON, an individual, Defendants CITIBANK, N.A., Trustee-Defendant. _ AMENDED PRELIMINARY INJUNCTION ORDER This matter came on for hearing on March 29, 2013, and April 5, 2013, pursuant to Mass. /7. 4.3 R. Civ. P. Rules 65(b) and Mass. Superior Court Rule 9A(e)(1). After having reviewed the r\77) Cr Commonwealth's Motion for Temporary Restraining Order and Preliminary Injunction, filed on,7-)9 March 6, 2013; and Emergency Motion to Confirm and Amend the Preliminary Injunction, filed on March 29, 2013; and Defendants' Motion for Reconsideration, filed on April 4, 2013; the c1 supporting memoranda, affidavits submitted by both parties, and relevant pleadings and orders in the above-captioned action, and after hearing the arguments of counsel and in consideration thereof, it is hereby ORDERED that: 1. The Court confirms that (1) the terms of the Temporary Restraining Order entered on March 6, 2013 ("TRO"); the Preliminary Injunction Order entered on March 13, 2013 ("PI"); and the Amended Preliminary Injunction Order entered on March 29, 2013 ("Amended PI"); apply to Defendants Robert Burton and Pinnacle Financial Consulting, LLC, and their officers,
agents, servants, employees, attorneys, successors and assigns, and all other persons and entities, whether acting individually or in active participation or concert with them, directly or indirectly, through any corporation, trust or other device including, without limitation, Pinnacle Holdings, LLC; Pinnacle Immigration, LLC; Pinnacle Financial Solutions, LLC; Pinnacle Financial and Immigration Solutions, LLC; Eliminate Bad Debt, LLC; Pinnacle Executive Marketing, LLC; and any other entities related to Defendants; and (2) the PI and Amended PI require Defendants remove all promotional materials relating to loan modification services, bankruptcy petition preparation services, legal advice and services, and investment services; 2. Defendants Robert Burton and Pinnacle Financial Consulting, LLC, and their officers, agents, servants, employees, attorneys, successors and assigns, and all other persons and entities, whether acting individually or in active participation or concert with them, directly or indirectly, through any corporation, trust or other device including, without limitation, Pinnacle Holdings, LLC; Pinnacle Immigration, LLC; Pinnacle Financial Solutions, LLC; Pinnacle Financial and Immigration Solutions, LLC; Eliminate Bad Debt, LLC; Pinnacle Executive Marketing, LLC; and any other entities related to Defendants, are hereby enjoined from: a. Destroying directly or indirectly (including engaging others to act on Defendants' behalf) any documents, computers, computerized files, storage media on which information is stored or saved, contracts, bills, invoices, or receipts for services rendered, correspondence (including electronic correspondence), advertisements, web-pages, customer lists, financial records, and any other documents or records of any kind that relate in any way to any aspect of their business, including without limitation, the advertising, marketing, soliciting, and/or provision of Foreclosure-Related Services, as defined in 940 C.M.R. 25.01; bankruptcy 2
petition preparation services; legal advice or services; and financial and investment advising services; b. Transferring, dissipating, pledging, selling, mortgaging, encumbering, concealing, or in any way disposing of ownership or custody of any real or personal assets or funds which Defendants own or control, individually or collectively, or may own or control while the injunction remains in effect, including but not limited to: all real property, wherever located; all personalty, wherever located; all household and office furnishings; all investment and bank accounts, and all funds contained therein, wherever located; all securities; and all lump-sums of money, of any amount, Defendants have, or may receive while the injunction remains in effect, from any source; c. Advertising, marketing, soliciting, receiving fees in relation to, and/or providing any loan modification services in Massachusetts, including without limitation, Foreclosure-Related Services, as defined in 940 C.M.R. 25.01 to include any service, plan, or program, offered or provided to assist or attempt to assist the consumer with any goods or services related to, or promising assistance in connection with (a) avoiding or delaying actual or anticipated foreclosure proceedings concerning residential property; or (b) curing or otherwise addressing a default or failure to timely pay, with respect to a residential mortgage loan obligation; d. Advertising, marketing, soliciting, receiving fees in relation to, and/or providing any bankruptcy petition preparation services in Massachusetts, including without limitation, any service, plan, or program, offered or provided to assist or attempt to assist the consumer with any document prepared for filing in a United States 3
bankruptcy court or a United States district court in connection with a bankruptcy case; e. Advertising, marketing, soliciting, receiving fees in relation to, and/or providing any legal advice or services in Massachusetts, including without limitation, representing themselves to be attorneys or counselors at law; representing themselves to be lawfully qualified to practice in the courts of the Commonwealth; representing that they provide equivalent advice or services as licensed attorneys and/or law firms; and/or providing assistance to consumers concerning preparation of any document for filing in any court in the Commonwealth; f. Advertising, marketing, soliciting, receiving fees in relation to, and/or providing any financial and investment advising services for compensation, including without limitation, effecting or attempting to effect purchases or sales in securities for the account of others; and advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or any other investment product; 3. At the earliest time possible, Defendants Robert Burton, and Pinnacle Financial Consulting, LLC shall distribute a copy of this preliminary injunction order, including any amendments or modifications thereof, in the consumer's or employee's primary language, to every current and future consumer and employee of Defendants, and every current and future consumer and employee of any entity in which Defendants have any ownership interest or controlling interest, including without limitation, Pinnacle Holdings, LLC; Pinnacle Immigration, LLC; Pinnacle Financial Solutions, LLC; Pinnacle Financial and Immigration Solutions, LLC; Eliminate Bad Debt, LLC; Pinnacle Executive Marketing, LLC; and any other 4
entities related to Defendants. The employees shall include the officers, agents, servants, employees, attorneys, successors and assigns, and all other persons and entities, whether acting individually or in active participation or concert with them, directly or indirectly, through any corporation, trust or other device, of Defendants and any entity in which Defendants have any ownership interest or controlling interest, including without limitation, Pinnacle Holdings, LLC; Pinnacle Immigration, LLC; Pinnacle Financial Solutions, LLC; Pinnacle Financial and Immigration Solutions, LLC; Eliminate Bad Debt, LLC; Pinnacle Executive Marketing, LLC; and any other entities related to Defendants. Each consumer and employee shall sign an acknowledgement in his/her primary language in the form attached as Exhibit A hereto, that he/she received, read and understood the terms of the then operative preliminary injunction orders. Copies of all acknowledgements shall be sent to counsel for the Commonwealth within five (5) days of execution; 4. Within 7 days of this order, Defendants Robert Burton, and Pinnacle Financial Consulting, LLC shall tender to their counsel, Darrell Mook and the law firm of Donovan Hatem, LLP, the amount of $95,444.99 to be held in an escrow account until further order of this Court. Attorney Mook and the law firm of Donovan Hatem, LLP shall provide the Commonwealth with monthly account statements until further order of this Court; 5. The terms and conditions in this Amended Preliminary Injunction Order entered on April 9, 2013, shall remain in full force and effect unless expressly amended herein. IT IS SO ORDERED. Dated: q( 3 aa Associate Justice of the Superior Court Dt-e 1 I. 13 5
ACKNOWLEDGMENT, hereby acknowledge that I received a copy of the operative preliminary injunction orders in Corn. v. Pinnacle Financial Consulting, LLC, and Robert Burton (Suffolk Sup. Ct. Civ. Action No. 13-0812B), including the Preliminary Injunction Order entered on March 13, 2013, and the Amended Preliminary Injunction Order entered on March 29, 2013. The preliminary injunction orders were presented to me in my primary language, and I have read and understand the terms contained therein. ADMISION Yo, por este medio reconozco y afirmo que he recibido una copia de ordenes de mandato del operativo preliminar en Comm v. Pinnacle Financial Consulting, LLC, and Robert Burton (Suffolk Sup. Ct. Civ. Action No. 13-0812B), incluyendo la Orden de Mandato Preliminar, sometida en Marzo 13 de 2013, y el Mandato Preliminar Modificado sometido en Marzo 29 de 2013. Las ordenes de mandato preliminares se me presentaron en mi idioma primario (lenguaje primario) y he leido y entiendo los terminos que contiene. Signature / Firma Print Name / Escriba su Nombre Address/ Direcci6n: Tel.: Date / Fecha: 4