COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUPERIOR COURT DEPARTMENT SUFFOLK, ss. Civil Action NO.

07-4380-D

WILLIAM GABOVITCH, d/b/a WILLIAM GABOVITCH & COMPANY, Plaintiff v. MELVIN GOOBER AND BARBARA JURCZAK Defendants

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PLAINTIFFS WILLIAM GABOVITCHS OPPOSITION TO THE DEFENDANT/PLAINTIFF-IN-COUNTERCLAIM MELVIN GOOBERS CROSS MOTION TO COMPEL RESPONSES AND THE PRODUCTION OF DOCUMENTS WITH BRIEF IN SUPPORT THEREOF Plaintiff/Defendant-Counterclaim, William Gabovitch (Gabovitch), d/b/a William Gabovitch & Company submits the following Opposition to the Defendant/Plaintiff-in-

Counterclaim Melvin Goobers Cross Motion to Compel Responses and the Production of Documents as follows: 1. First of all, Gabovitch had two telephone

conferences with Goobers counsel to make arrangements for access to documents requested. As Gabovitch has been

diagnosed as having an abdominal aneurism of the aorta which could burst with almost immediate fatal results, he advised Goobers counsel that he cannot try to lift the file boxes of documents removed by the movers from the closed offices of William Gabovitch & Company to his home. As a result, in two telephone conferences Gabovitch requested that the document production be held at his home, where defendants counsel could have full and free access to all the records and use the printer to make copies. 2. In the meantime, there had been hearings

conducted in the offices of the Massachusetts Division of

Unemployment Assistance on the appeal of Co-defendant Barbara Jurczak to the denial of her claim of unemployment compensation filed when she quit the firm, going to work for Goober as an independent contractor at $35 per hour. When the official transcript (A True Copy) of the taped proceedings was eventually received by the Plaintiff and in response to the question as to why Goober did not appear as a witness to support her testimony at the hearing, the following sworn testimony ensued: BARBARA JURCZAK: ...he was actually going to be here as a witness but he had to go to an appointment at Mass. Eye and Ear. Hes

having a problem with a corneal transplant thats being rejected.

3.

Now we come to an answer as to why the

Defendant demands the production of 46 years of the following records from 1962: Request 6: Request 7. Request 8. Request 9. The general ledgers The cash disbursement journals The accounts receivable cards The bank statements and cancelled checks

The answer lies in Request 18, a list of prospective customers approached by Gabovitch who might now be approached by Goober or his representatives to sell the Practice, avoid the constructive trust that this litigation requests, and satisfy his legal fee obligations. 4. It is also worthy of note that the Defendant

issued 31 document requests but only 2 interrogatories with those both being as to possible experts. Typically,

experienced buyers of accounting practices, as well as any other businesses, will require as part of their due

diligence requirements at least 5 years of books and records with 5 years of federal and state tax returns from 2002 to the present. 5. The request for sanctions to threaten and

intimidate the Plaintiff is merely an attempt to persuade the Court to aid and abet the Co-defendants in their Conspiracy, outlined in Count I, to perpetrate a fraudulent conversion of the solely-owned practice of Gabovitch. CONCLUSION The Plaintiff respectfully requests the Court to limit the discovery in this case to only the Defendants legitimate litigation needs in this particular case and the Plaintiff will keep open his offer to allow Defendants counsel to inspect and copy such existing records as designated by this honorable Court, at no expense, in his home. Respectfully submitted,

William Gabovitch Esq., pro se BBO No. 181960 33 Old Nugent Farm Rd. Gloucester, MA 01930 (978) 281-6607

Dated: June 20, 2008

CERTIFICATE OF SERVICE I hereby certify that the above Document has been served upon the attorneys for the Defendants, Robin Stein, Esquire, of MacLean Holloway Doherty Ardiff & Morse, P.C., 8 Essex Center Drive, Peabody, MA 01960, and Brian T. MacDonough of Shlepsky OConnell Casey Hartley Nichon Yelen LLP, 225 Franklin St., 16th Floor, Boston, MA 02116-2898, by first class mail, postage prepaid, this 20th day of June, 2008.

William Gabovitch