Estate of Johnson v. Melvin Rose, Inc.

Agnes, Peter W., J.

This is a derivative action, brought under Mass.R.Civ.P. 23.1, arising out of fiduciary duties, allegedly owed by the defendants, Melvin Rose, Inc. (“Melvin Rose”), Johnson Corrugated Products Corp. (“JCPC”), and Randy Johnson (collectively, “the defendants”), to Rule 19 party Melrose Associates Limited Partnership (“Melrose”). The plaintiff, Estate of Phyllis Johnson (the “plaintiff’), brings this seven-count action as a limited partner of Melrose, alleging breach of contract (Count I); breach of covenant of good faith and fair dealing (Count II); breach of fiduciary duty…