Cutter Associates, Inc. v. Seeman

Wilkins, Douglas H.,J.

On July 30,2013, the Court held an initial hearing on the plaintiffs Prayer for Preliminary Injunction under Prayers 3, 4, 51 and 6 of the Verified Complaint (“Motion”), which the defendants oppose. It became apparent that the threshold issue in this case is whether the underlying dispute must be referred to an independent accountant pursuant to the corporate parties’ Asset Purchase Agreement (“APA”). Accordingly, the court decided, pursuant to Mass.R.Civ.P. 65(b)(2), to consolidate the Motion with a trial on the merits of the issue whether the dispute must be referred…