United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR
RECONSIDERATION AND MOTION TO STAY
DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE.
an intra-family dispute, arising out of the circumstances
surrounding the last years and death of Garabed Dragoonian.
Plaintiff Diana Torosian is Dragoonian's daughter, and
plaintiff Charles Torosian is her husband and
Dragoonian's son-in-law. Defendant Sandra Garabedian was
apparently the companion of Dragoonian for many years.
Plaintiffs are proceeding pro se.
complaint alleged that Garabedian caused plaintiffs severe
emotional distress because she (1) prevented Dragoonian from
having contact with Diana for some years and (2) failed to
notify Diana of the time and place of her father's death
and funeral. The complaint also alleged that Garabedian, in
some unspecified way, interfered with Diana's inheritance
under Dragoonian's will and prevented her from recovering
money and property that had been promised to her.
August 1, 2016, the Court granted defendant's motion for
summary judgment as to both claims. Plaintiffs now contend
that they have new evidence in support of their claims and
seek a reconsideration of that judgment and an order
preventing defendant from selling or transferring their
motion for reconsideration on the basis of newly-discovered
evidence must be denied where the movant fails to provide a
“cogent reason” as to why the evidence was
previously undiscoverable. Plaintiffs here have failed to
provide any reason at all as to why the evidence they now
seek to offer was previously undiscoverable.
and for the following reasons, the plaintiff's motion for
reconsideration and a temporary restraining order and
preliminary injunction will be denied.
facts of this case are set forth in this Court's August
1, 2016 memorandum and order granting summary judgment. For
the purposes of understanding the issues involved in
plaintiffs' motion for reconsideration, the facts are
recounted again here.
Dragoonian was, at the time of his death, a resident of
Hampstead, New Hampshire. (Dkt No. 34 at 6). For some number
of years, he had a companion named Sandra Garabedian, who was
also a resident of New Hampshire. (Id. at 5-6).
Dragoonian died on November 5, 2014. (Id. at 6). The
complaint alleges that Dragoonian suffered from dementia and
amnesia in the last years of his life. (Compl. ¶ 11).
Torosian is the daughter of Dragoonian. (Id. at 5).
Diana is a resident of Methuen, Massachusetts. (Dkt No. 34 at
6). She is not, apparently, the daughter of Sandra
Garabedian. (Id.). Charles Torosian is Diana's
and Diana apparently had a difficult relationship.
(Id. at 6). According to Diana's daughter,
Garabedian “would interfere with the phone
conversations between Red and Diana.” (Id.).
During his last years, Garabedian allegedly kept Dragoonian
from having contact with Diana. (Am. Compl. ¶ 4). The
complaint further alleges that Garabedian failed to notify
Diana of Dragoonian's death and burial, and refused to
give her “access” to his will. (Compl.
¶¶ 3-5). Diana appears to contend that Dragoonian
promised to leave her a substantial sum after his death, and
that Garabedian has somehow interfered with this inheritance.
(Compl. ¶ 8).
filed the complaint in this action on June 17, 2015.
Defendant filed three separate motions to dismiss on July 28,
2015. The Court issued an order on September 25, 2015,
directing plaintiffs to show cause why the complaint should
not be dismissed for lack of subject-matter jurisdiction.
Plaintiffs filed a response to the show-cause order on
October 16, 2015, together with an amended complaint.
Defendant then filed a further motion to dismiss on October
19, 2015. On December 4, 2015, the Court issued an order
dismissing all of plaintiffs' claims ...