Commonwealth of Massachusetts

 

Estate of June Elbery

Norfolk County Probate Court

Docket # NO15P1491

 

 

 

 

 

 

Motion for Order to Compel, via Rule 37a2, Attorney James A. McLaughlin

to Produce

Document Discovery Requested by Michael Elbery

 

 

 

Now along comes heir to the Estate of June Elbery, Michael Elbery, and motions the Court, via Rule 37a2 of the M.R.C.P., to Order to Compel Court Appointed Personal Representative of the Estate of June Elbery, Attorney James A. McLaughlin, to Produce the Document Discovery as requested of McLaughlin by Michael Elbery on August 16, 2017 under Rule 34 of the M.R.C.P.. See Exhibit A for the Document Request. As per the docket of the above captioned case at Norfolk County Probate Court, Michael Elbery filed, on August 7, 2017, an "Appearance and Objection" to McLaughlin’s "Petition for Allowance of his First Account" which triggers the Discovery period for an Objection to a Personal Representative’s Account under Mass. Probate Law.

Introduction

I, Michael Elbery, Requested the Documents from McLaughlin, per Exhibit A, to acquire more evidence that McLaughlin is committing Fraud as the Court Appointed Personal Representative of the Estate of June Elbery.

The evidence of fraud and misappropriations of the Probated Estate Cash of the Estate of June Elbery is overwhelming via a cursory review of McLaughlin’s "First Account" that he filed with the Norfolk County Probate Court and was docketed on the above captioned case on 7-31-17.

McLaughlin refuses to produce the November 2016 bank statements of both known Estate Bank Accounts in order to conceal lapping, kitting and defalcations of those accounts and more embezzlement and fraud by McLaughlin of the Estate of June Elbery, see below.

As late as 9-21-17, McLaughlin has refused to produce the subject documents of this "Motion for Court Order to Compel Document Discovery" after continued efforts by Michael Elbery to acquire those same documents in order to relieve to Court of the burden of discovery that should be settled by the litigants, but McLaughlin has something to hide and remains uncooperative.

 

 

 

 

Michael Elbery itemizes the Documents Requests, per Exhibit A, that were not produced and totally ignored by Attorney James A. McLaughlin as follows:

 

Document Request # 2

Produce all Bank Statements of the Santander Bank Account of the Estate of June Elbery with account number 5869.

Response - McLaughlin per his Response, Exhibit B, states "Santander Bank Statements and check copies for Account #5869 are produced herewith for the period from December 2, 2015 to July 2, 2017."

That response by McLaughlin, per Exhibit B, is not correct. McLaughlin refused to produce the November 2016 (11-3-16 through 12-2-16) statement for Estate Santander Bank Account #5869. Further, McLaughlin refused to produce Estate Bank Account Statement of July 2017 (July 3, 2017 through August 2) and August 2017 (August 3 through September 2 of 2017) for the Santander #5869 Account).

Michael Elbery asks the Court to Order, as required by Massachusetts law, Attorney James A. McLaughlin to produce the missing bank Statements of November 2016 and July and August of 2017 for that Estate Santander Bank Account #5869.

 

 

Document Request #3

Produce all Bank Statements of the Santander Bank Account of the Estate of June Elbery with the account number 7176.

Response - McLaughlin per his response, Exhibit B, states "Santander Bank Statements of Account #7176 are produced herewith for the period from December 2, 2015 to July 2, 2017."

That response by McLaughlin, per Exhibit B, is not correct. McLaughlin failed to produce the November of 2016 (November 3, 2016 through December 2, 2016) bank statement for that account, #7176; Further, McLaughlin failed to produce the July2017 and August 2017 Bank Statements for that Estate Bank Account Santander #7176.

Michael Elbery asks the Court to Order, as required by Massachusetts law, Attorney James A. McLaughlin to produce the missing bank statement of November 2016 and the July and August 2017 Statements for the Estate Bank Account Santander #7176.

 

 

Document Request #4

Produce all Checks of any and all bank accounts used to record financial activity, and, or, cash disbursements of the Estate of June Elbery.

Response - McLaughlin per his Response 4A of Exhibit B, states "Copies of all checks are produced in Responses 2 and 3. The Bank does not provide copies of the back of the checks; therefore, said copies are not in my possession."

Michael Elbery asks the Court to Order Attorney James A. McLaughlin, as required by Mass. Law, to produce the checks McLaughlin failed to produce to Michael Elbery. Attorney James A. McLaughlin has refused to produce copies of checks 101, 102, 103, 104, 105, 106, 107, 108, 109, 114, 115, 117, 119, 213 for Estate Bank Account Santander #5869.

Further, McLaughlin refused to even identify disbursements he documents, per his "Schedule B of his First Account", with a check number or date. These disbursements that are void of an identifying check# or date on McLaughlin’s "Schedule B of his First Account" are items 6, 7, 8, 9, 10, 11, 12. See Exhibit C for McLaughlin’s "Schedule B of his First Account".

Michael Elbery asks the Court to Order McLaughlin, as required by Mass. Law, to produce copies of the checks used to make those disbursements items 6, 7, 8, 9, 10, 11, 12 as documented on McLaughlin’s "Schedule B of his First Account" docketed on the above captioned case on 7-31-17.

 

 

Document Request #4a.

Produce both back and front of each check so to insure all disclosures including processing through the bank system of each check.

McLaughlin per his Response 4a on Exhibit B, states "Copies of the back of a check will be obtained from the bank at your expense."

Michael Elbery asks the Court to Order McLaughlin, as required by Mass. Law, to also produce copies of the backs of the checks requested in Document Request #4.

 

 

Hopefully, McLaughlin will not, again, decide to make a huge and fraudulent mark-up on the cost to get the backs of the Estate Checks, which are few in number.

 

 

Document Request #5

Produce all bids made by anyone, including the heirs of the Estate of June Elbery, on the Lionel Train Set that is part of the Probated Estate of June Elbery and is in the cellar of the Estate House of June Elbery at 168 Fairfield St., Needham, Mass.

Response - McLaughlin per his Response 5A of Exhibit B, states "A copy of a letter dated September 12, 2016 from William C. Crowe, Esq. is produced herewith.

 

McLaughlin did send me a copy of the cancellation of the bid made by David Elbery where Crowe refers to McLaughlin as a "Ms". Very appropriate of Crowe.

However, McLaughlin has failed to produce the bid for those same Lionel trains submitted to him by Michael Elbery in the amount of $1.00.

Michael Elbery asks the Court to Order McLaughlin, as required by Mass. Law, to produce the three $1.00 bids Michael Elbery made for those same Lionel Trains. $1.00 was the high bid for the remnants of the now worthless "Lionel Train set" that has been discarded in the Estate House of 168 Fairfield St., Needham, Mass. for decades.

 

Michael Elbery, 9-21-17