THE EVERETT ADVOCATE – FRiDAy, NOVEmbER 11, 2022 Page 5 DiNapoli Brothers Answered the Call to Duty FAMILY HEROES: The DiNapoli family were well represented in the military service in the US Armed Forces, from WWII to the Vietnam War. Pictured during a past E Club banquet with former Everett Crimson Tide football player Victor Ruiz, were, from left to right, Bob DiNapoli (US Navy), Tom DiNapoli (US Marines), Mike DiNapoli (US Army, Vietnam War), and Guy DiNapoli (US Navy, WWII). THANK YOU to the DiNapoli brothers and all the veterans for their service to our country. RESNEK | FROM PAGE 1 relevant evidence that Philbin seeks, but have required that any request for such a sealing off be accompanied by a factual showing that the evidence sought to be kept secret is necessary, that is, that the person seeking it will be substantially harmed if it is not kept secret. Philbin has ignored that body of law as well, providing absolutely no factual showing of any kind and, indeed, not even informing the Court what, precisely, it is that he seeks to keep secret.” In one example, the motion cites an article the defendants reporting former Everett employee Guerline Alcy’s “claim” that over 11 years, in 2011, that the Mayor had supposedly exposed himself to Alcy and attempted to kiss her. According to the motion, “The article was so egregiously false that it alleged that these things occurred at a time when she worked at City Hall—when, in reality, she was not even an employee at the time the Defendants asserted that these events purportedly occurred.” In her deposition testimony under oath, Alcy couldn’t identify the year in which she claimed the alleged inappropriate conduct occurred towards her. It was also shown that through the limited emails produced by the defendants, demonstrated the continued and coordinated campaign by Philbin and Resnek to use Alcy to fabricate false assertions targeting DeMaria, in the weeks before the September 2021 mayoral primary. In the motion to compel, attorneys for DeMaria state that the defendant’s opposition does not in any way justify or explain away their failure to comply with the Court’s June 30 Order, and are in violation for failing to produce all documents responsive to the Order. The motion states that Resnek and Philbin failed to search for documents specifically identified in the requests, including text messages, “which they admit they did not search.” “All documents referring, relating to, refl ecting, or constituting communications of any kind, including without limitation emails, text messages, Facebook and other social media messages, that You have sent or received mentioning or referring to Plaintiff since January 1, 2019,” according to the motion. In DeMaria’s reply to the Philbin’s opposing motion seeking relief from producing documents and appearing for depositions, DiMaria’s attorney called Philbin’s claims that the Court Order is meant to harass and intimidate them is “absurd.” “Given that the Court has already determined Plaintiff DeMaria is entitled to the discovery he seeks, Andrew’s and Matthew’s argument that Plaintiff is somehow seeking overbroad discovery to harass and intimidate them is absurd. Their Opposition’s baseless attacks on DeMaria are designed to distract from the real issue before the Court: Matthew’s and Andrew’s clear failure to comply with the Court’s June 30 Order. Matthew and Andrew have failed to comply with the Court’s June 30 Order and their discover obligations,” according to the motion. Again, the Philbin’s failed to provide emails, texts, as well DON’T LET THEM PASS YOU BY! Only $500 Minimum IRA Certificates, Too! Visit us in Everett at 183 Main Street or stop by any branch. as conducting a search using keywords in order to fulfi ll their obligations to provide documents and communications, including “electronically stored information…stored in any medium” related to the Court Order. The matter awaits a judge’s decision. Check out the NEW Advocate Online at: www.advocatenews.net HIGHER RATES ARE HERE! 4.00% APY* 2-Year Certificate massbaycu.org *APY = Annual Percentage Yield. Minimum balance to open and earn APY is $500. Maximum deposit $250,000. The APY for all Certificates assumes the dividends will remain in the account until maturity. Withdrawal of dividends prior to maturity will reduce earnings. Certificates are subject to penalty for early withdrawal. Fees may reduce earnings. Rate is effective 11/1/2022. This is a limited time offer and is subject to change without notice. Other rates and terms available.
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