Clift & Hensler, Inc. v. Marks

Kern, Leila R., J.

Plaintiff Clift & Hensler, Inc. (C&H) filed an action against Howard Kaplan and Wendy Kaminer on May 28, 2004 (the first action).3 Before they had been served in the first action, Kaplan and Kaminer filed a separate suit against Clift & Hensler, Inc., and its principals, William Clift and Julie Hensler, on June 2, 2004 (the second action). Due to the pendency of the first action, C&H, Clift and Hensler moved to dismiss the second action pursuant to Mass.Civ.P. Rule 12(b)(9) on July 6, 2004. On July 9, 2004, Kaplan and Kaminer answered the complaint in the first action, and…