ESTTA Tracking number:
`
`ESTTA1393007
`
`Filing date:
`
`10/31/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`Sevita, LLC
`
`Limited liability company
`
`Incorporated or
`registered in
`
`Delaware
`
`18932 PEBBLE LINKS CIRCLE
`SUITE 202
`TAMPA, FL 33647
`UNITED STATES
`
`MARK C. JOHNSON
`ATTORNEY OF RECORD
`JOHNSON DALAL
`111 NORTH PINE ISLAND ROAD, SUITE 105
`PLANTATION, FL 33324
`UNITED STATES
`Primary email: Info@JohnsonDalal.com
`9545074500
`
`Registration subject to cancellation
`
`Registration no.
`
`Register
`
`Registrant
`
`7475590
`
`Principal
`
`National Mentor Holdings, Inc.
`313 CONGRESS STREET
`BOSTON, MA 02210
`UNITED STATES
`
`Registration date
`
`08/13/2024
`
`Goods/services subject to cancellation
`
`Class 041. First Use: Oct 1, 2021 First Use In Commerce: Oct 1, 2021
`All goods and services in the class are subject to cancellation, namely: Providing vocational courses
`and job training services in the fields of retail and online sales practices, customer service, food pre-
`paration and service, janitorial and custodial services, housekeeping, animal care and maintenance,
`landscaping, carpentry, automotive maintenance and repairs, culinary arts, and office skills and ad-
`ministration for individuals with intellectual, physical and developmental disabilities, individuals with
`autism, at-risk children and youth with emotional or behavioral problems or medically complex needs
`and their families, and persons with brain injuries and other injuries and illnesses; providing in-person
`and in-home family based educational services, namely, caregiver training in the areas of cooking,
`bathing, dressing and independent living skills, to prepare and train individuals in caring for intellectu-
`ally, physically and developmentally disabled persons and individuals with autism; providing alternat-
`ive education services in the form of school-based services, namely, academic and vocational in-
`struction, one-on-one tutoring, extracurricular courses in the fields of life skills and educational coun-
`seling to assist students in planning and preparation for further education for individuals with intellec-
`tual, physical and developmental disabilities, individuals with autism, at-risk children and youth with
`emotional or behavioral problems or medically complex needs and their families, and persons with
`
`

`

`brain injuries and other injuries and illnesses; providing information regarding training in caring for in-
`tellectually, physically and developmentally disabled individuals and individuals with autism; none of
`the foregoing provided in connection with the treatment of substance abuse
`
`Class 043. First Use: Oct 1, 2021 First Use In Commerce: Oct 1, 2021
`All goods and services in the class are subject to cancellation, namely: Providing assisted living facil-
`ities; providing elder care; none of the foregoing provided in connection with the treatment of sub-
`stance abuse
`
`Class 044. First Use: Oct 1, 2021 First Use In Commerce: Oct 1, 2021
`All goods and services in the class are subject to cancellation, namely: Providing health care services
`to intellectually, physically and developmentally disabled individuals, individuals with autism and sur-
`vivors of injuries and illnesses, namely, providing rehabilitation nursing care, sub-acute outpatient
`health care services, physical rehabilitation therapy services, nutritional supervision and planning ser-
`vices, psychological, physical and behavioral therapeutic services, neurobehavioral therapy, psycho-
`logical, behavioral and occupational therapy counseling and post-acute nursing care; community
`based health care for others in the fields of behavioral health, physical rehabilitation and develop-
`mental disabilities, namely, high risk individuals with brain injury, children and adolescents with com-
`plex medical needs, individuals with autism, and court-involved youth with behavior issues; providing
`home and community-based early therapeutic, crisis and medical intervention services, namely, psy-
`chological and behavioral therapy services, and psychological and behavioral counseling services in
`the nature of early therapeutic, crisis and medical intervention, and providing information on available
`resources, all in the field of early psychological and behavioral therapeutic, crisis and medical inter-
`vention; prescription management services, namely, administering prescriptions to patients; physician
`services; dentist services; telemedicine healthcare services; none of the foregoing provided in con-
`nection with the treatment of substance abuse
`
`Class 045. First Use: Oct 1, 2021 First Use In Commerce: Oct 1, 2021
`All goods and services in the class are subject to cancellation, namely: Psychological counseling and
`counseling in the field of mental health, namely, early emotional therapeutic and emotional crisis in-
`tervention services, emotional counseling services in the nature of early therapeutic and crisis inter-
`vention, and providing medical information and emotional counseling on available mental health re-
`sources, all in the field of early emotional therapeutic and emotional crisis intervention; providing
`foster care services; providing case management services, namely, coordination of social services for
`individuals with intellectual, physical and developmental disabilities, individuals with autism, at-risk
`children and youth with emotional or behavioral problems or medically complex needs and their famil-
`ies, and persons with brain injuries and other injuries and illnesses; none of the foregoing provided in
`connection with the treatment of substance abuse
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols
`
`Trademark Act Sections 14(3) and 2(a)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`98427461
`
`Application date
`
`02/29/2024
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`SEVITA
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: None First Use In Commerce: None
`Dietary and nutritional supplements; Dietary pet supplements in the form of pet
`treats; Dietary supplements; Dietary supplements for pets; Dietary supplements
`for animals; Nutritional supplements; Vitamin supplements
`Class 035. First use: First Use: None First Use In Commerce: None
`On-line retail store services featuring supplements and health products; On-line
`wholesale store services featuring supplements and health products; Retail gen-
`eral store services; Retail store services featuring supplements and health
`products; Wholesale store services featuring supplements and health products
`
`Attachments
`
`98427461#TMSN.png( bytes )
`Petition to Cancel - SEVITA.pdf(286000 bytes )
`Composite Exhibit.pdf(5754768 bytes )
`
`Signature
`
`/Mark C. Johnson/
`
`Name
`
`Date
`
`Mark C. Johnson
`
`10/31/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Sevita, LLC,
`
`Petitioner,
`
`v.
`
`
`National Mentor Holdings, Inc.,
`
`Registrant.
`
`
`
`
`
`
`
`Cancellation No. ____________
`
`Mark: SEVITA
`
`Registration No. 7,475,590
`
`Serial No. 90/980,979
`
`Date of Registration: August 13, 2024
`
`
`
`
`PETITION TO CANCEL
`
`Pursuant to 37 C.F.R. § 2.111 and 15 U.S.C. § 1064, Petitioner/Plaintiff, Sevita, LLC
`
`(hereinafter, “Plaintiff” or “Petitioner”), a Delaware Limited Liability Company, by and through
`
`undersigned counsel, submits the following Petition to Cancel (“Petition”) U.S. Trademark
`
`Registration No. 7,475,590 (“the ‘590 Registration”) because it believes it is and/or will be
`
`damaged by the continued registration of the ‘590 Registration for the standard character mark
`
`SEVITA (hereinafter, “the Mark”) on the Principal Register. The Registered Mark is currently and
`
`purportedly owned by National Mentor Holdings, Inc. (“Defendant” or “Registrant”), a purported
`
`Delaware corporation having a principal address of 313 Congress Street, Boston, Massachusetts
`
`02210. As grounds for cancellation, it is alleged as follows:
`
`1.
`
`Since 2014, Plaintiff has been using the standard character mark SEVITA in
`
`connection with the marketing, offering, and rendering of freight and cargo transportation services
`
`(“Plaintiff’s Services”) throughout the United States.
`
`2.
`
`Plaintiff is also the owner of U.S. Application Serial No. 98/427,461 for the
`
`standard character mark SEVITA in connection with “Dietary and nutritional supplements; Dietary
`
`
`
`1
`
`

`

`pet supplements in the form of pet treats; Dietary supplements; Dietary supplements for pets;
`
`Dietary supplements for animals; Nutritional supplements; Vitamin supplements” and “On-line
`
`retail store services featuring supplements and health products; On-line wholesale store services
`
`featuring supplements and health products; Retail general store services; Retail store services
`
`featuring supplements and health products; Wholesale store services featuring supplements and
`
`health products” in International Classes 005 and 035.
`
`3.
`
`Plaintiff is founded, owned, and operated by a husband-and-wife duo, Sergey
`
`Bogatoff and Victoria Bogatoff, who conceived of the Mark by combining the first two letters
`
`“SE” from Sergey’s first name with Victoria’s nickname “VITA”.
`
`4.
`
`Since its inception, Plaintiff has expended extensive resources and money
`
`marketing its services throughout the United States to develop consumer recognition of the Mark.
`
`5.
`
`Because of this effort, not only has the Mark acquired distinctiveness amongst its
`
`consumers, but Plaintiff has also diligently developed and established over the years a reputation
`
`as a premier company providing freight-related services.
`
`6.
`
`7.
`
`To that end, the Mark has earned considerable goodwill amongst its consumers.
`
`The ‘590 Registration is purportedly owned by the Registrant and is directed toward
`
`the following services (collectively, “the Registered Services”):
`
`a. “Providing vocational courses and job training services in the fields of retail
`
`and online sales practices, customer service, food preparation and service,
`
`janitorial and custodial services, housekeeping, animal care and maintenance,
`
`landscaping, carpentry, automotive maintenance and repairs, culinary arts, and
`
`office skills and administration for individuals with intellectual, physical and
`
`developmental disabilities, individuals with autism, at-risk children and youth
`
`
`
`2
`
`

`

`with emotional or behavioral problems or medically complex needs and their
`
`families, and persons with brain injuries and other injuries and illnesses;
`
`providing in-person and in-home family based educational services, namely,
`
`caregiver training in the areas of cooking, bathing, dressing and independent
`
`living skills, to prepare and train individuals in caring for intellectually,
`
`physically and developmentally disabled persons and individuals with autism;
`
`providing alternative education services in the form of school-based services,
`
`namely, academic and vocational
`
`instruction, one-on-one
`
`tutoring,
`
`extracurricular courses in the fields of life skills and educational counseling to
`
`assist students in planning and preparation for further education for individuals
`
`with intellectual, physical and developmental disabilities, individuals with
`
`autism, at-risk children and youth with emotional or behavioral problems or
`
`medically complex needs and their families, and persons with brain injuries and
`
`other injuries and illnesses; providing information regarding training in caring
`
`for intellectually, physically and developmentally disabled individuals and
`
`individuals with autism; none of the foregoing provided in connection with the
`
`treatment of substance abuse” in International Class 041;
`
`b. “Providing assisted living facilities; providing elder care; none of the foregoing
`
`provided in connection with the treatment of substance abuse” in International
`
`Class 043;
`
`c. “Providing health
`
`care
`
`services
`
`to
`
`intellectually, physically
`
`and
`
`developmentally disabled individuals, individuals with autism and survivors of
`
`injuries and illnesses, namely, providing rehabilitation nursing care, sub-acute
`
`
`
`3
`
`

`

`outpatient health care services, physical rehabilitation therapy services,
`
`nutritional supervision and planning services, psychological, physical and
`
`behavioral therapeutic services, neurobehavioral therapy, psychological,
`
`behavioral and occupational therapy counseling and post-acute nursing care;
`
`community based health care for others in the fields of behavioral health,
`
`physical rehabilitation and developmental disabilities, namely, high risk
`
`individuals with brain injury, children and adolescents with complex medical
`
`needs, individuals with autism, and court-involved youth with behavior issues;
`
`providing home and community-based early therapeutic, crisis and medical
`
`intervention services, namely, psychological and behavioral therapy services,
`
`and psychological and behavioral counseling services in the nature of early
`
`therapeutic, crisis and medical intervention, and providing information on
`
`available resources, all in the field of early psychological and behavioral
`
`therapeutic, crisis and medical intervention; prescription management services,
`
`namely, administering prescriptions to patients; physician services; dentist
`
`services; telemedicine healthcare services; none of the foregoing provided in
`
`connection with the treatment of substance abuse” in International Class 044;
`
`and
`
`d. “Psychological counseling and counseling in the field of mental health, namely,
`
`early emotional therapeutic and emotional crisis intervention services,
`
`emotional counseling services in the nature of early therapeutic and crisis
`
`intervention, and providing medical information and emotional counseling on
`
`available mental health resources, all in the field of early emotional therapeutic
`
`
`
`4
`
`

`

`and emotional crisis intervention; providing foster care services; providing case
`
`management services, namely, coordination of social services for individuals
`
`with intellectual, physical and developmental disabilities, individuals with
`
`autism, at-risk children and youth with emotional or behavioral problems or
`
`medically complex needs and their families, and persons with brain injuries and
`
`other injuries and illnesses; none of the foregoing provided in connection with
`
`the treatment of substance abuse” in International Class 045.
`
`8.
`
`As indicated in the ‘590 Registration, Registrant’s date of first use anywhere and
`
`in commerce is October 1, 2021.
`
`9.
`
`The ‘590 Registration has an application filing date of February 22, 2021, and a
`
`registration date of August 13, 2024.
`
`10.
`
`Registrant’s use of the Mark has caused pervasive, serious, and well-documented
`
`actual confusion in the marketplace, as evidenced by the fact that Plaintiff has been mistakenly
`
`identified in, and served with, multiple lawsuits and writs of garnishment that were clearly
`
`intended for Registrant. See Exhibit A (documents evidencing actual confusion).
`
`11.
`
`Not only has this seriously damaged Plaintiff’s brand, reputation, and consumer
`
`goodwill and exposed it to legal claims and actions stemming from Registrant’s conduct, but this
`
`actual confusion is likely to continue unabated unless Plaintiff immediately and permanently
`
`ceases use of the Mark.
`
`12.
`
`For example, potential clients and investors are likely to hesitate to engage with a
`
`company embroiled in controversy, fearing the potential ramifications of association. This ripple
`
`effect has significantly hindered business opportunities and growth for Plaintiff, as trust is a crucial
`
`component in any professional relationship.
`
`
`
`5
`
`

`

`13. Moreover, consumers are likely to wrongfully associate or attribute Registrant’s
`
`reputation for unlawful and questionable conduct to the Plaintiff.
`
`14.
`
`On February 21, 2024, Plaintiff notified Registrant of its infringing and damaging
`
`conduct and Registrant has refused to take any corrective or remedial action. See Exhibit B.
`
`15.
`
`Accordingly, the continued presence of the ‘590 Registration on the Principal
`
`Register constitutes an obstacle to Plaintiff’s continued use of the Mark and to the brand,
`
`reputation, and consumer goodwill associated with Plaintiff and its SEVITA mark. The ‘590
`
`Registration, therefore, is causing injury and damage to the Plaintiff.
`
`GROUND I – LIKELIHOOD OF CONFUSION
`
`16.
`
`Plaintiff realleges and re-avers paragraphs one (1) through sixteen (16) as if fully
`
`set forth herein.
`
`17.
`
`Plaintiff possesses common-law rights in the Mark based on its continued use in
`
`commerce with respect to Plaintiff’s Services predating Registrant’s alleged use date(s), therefore
`
`having priority of use over the Registered Mark pursuant to Trademark Act § 2(d), 15 U.S.C. §
`
`1052(d).
`
`18.
`
`Specifically, the ‘590 Registration identifies October 1, 2021, as Registrant’s date
`
`of first use anywhere and in commerce, whereas Plaintiff’s date of first use anywhere and in
`
`commerce dates back to 2014, more than seven (7) years prior to Registrant’s purported priority
`
`date.
`
`19.
`
`As such, Plaintiff’s first use date predates Registrant’s first use date, thereby giving
`
`Plaintiff priority of use over the Mark.
`
`
`
`6
`
`

`

`20.
`
`Further, the Mark used by Plaintiff and Registrant is identical in appearance, sound,
`
`and pronunciation as both marks consist of the identical literal matter, SEVITA, creating a
`
`likelihood of confusion between the respective marks.
`
`21.
`
`This likelihood of confusion is further evidenced by the multiple instances of actual
`
`confusion in the marketplace, including the fact that Plaintiff has been mistakenly identified in,
`
`and served with, multiple lawsuits and writs of garnishment that were intended for Registrant.
`
`22.
`
`In fact, on one such instance, Plaintiff was sued incorrectly for a wrongful
`
`termination and garnishment action for/by a former employee of the Registrant.
`
`23.
`
`In view of the identical Mark used by both Plaintiff and Registrant and the multiple
`
`incidents of actual confusion between the Parties, use by Registrant of the Mark for the Registered
`
`Services is likely to confuse (or cause to mistake) or deceive consumers into believing, falsely,
`
`that the Registered Services originate with, are sponsored or approved by, or are otherwise
`
`connected with Plaintiff or Plaintiff’s Services. Use of the Mark by Registrant is, therefore, likely
`
`to cause confusion, cause mistake or to deceive the public, in violation of Section 2(d) of the
`
`Lanham Act, 15 U.S.C. § 1052(d).
`
`24.
`
`The continued presence of the ‘590 Registration on the Principal Register
`
`constitutes an obstacle to Plaintiff’s continued use of the Mark and to the brand, reputation, and
`
`consumer goodwill associated with Plaintiff and its SEVITA mark. The ‘590 Registration, thus,
`
`is causing injury and damage to Plaintiff.
`
`GROUND II – FALSE SUGGESTION OF A CONNECTION
`
`25.
`
`Plaintiff realleges and re-avers paragraphs one (1) through sixteen (16) as if fully
`
`set forth herein.
`
`
`
`7
`
`

`

`26.
`
`Plaintiff owns the trademark and designation SEVITA and has owned the same
`
`since prior to Registrant’s first use of the Mark.
`
`27.
`
`SEVITA is a combination of the names of Sergey Bogatoff and Victoria Bogatoff
`
`(Plaintiff’s owners), who conceived of the Mark by combining the first two letters “SE” from
`
`Sergey’s first name with Victoria’s nickname “VITA”.
`
`28.
`
`As such, SEVITA is the name or identity previously used by Plaintiff and would be
`
`recognized as such because it points uniquely and unmistakably to Plaintiff and its owners, Sergey
`
`and Victoria.
`
`29.
`
`Said differently, the Mark, as it is being used, would be recognized as a close
`
`approximation of the name or identity owned by the Plaintiff, in that it points uniquely and
`
`unmistakably to Plaintiff.
`
`30.
`
`At all times relevant hereto, Plaintiff was/is not affiliated or connected with the
`
`Registered Services; nor has Plaintiff endorsed or sponsored Registrant or the Registered Services.
`
`31.
`
`The fame and/or reputation of Plaintiff is of such a nature that, when the Mark is
`
`used with the Registered Services, a connection with Plaintiff would be presumed. Indeed, Plaintiff
`
`has been growing and developing the fame, reputation, and consumer goodwill associated with it
`
`and with the Mark for roughly a decade.
`
`32.
`
`Registrant’s subject mark, SEVITA, is the same as the name or identity used by
`
`Plaintiff, namely, SEVITA.
`
`33.
`
`Plaintiff is not connected with the Registrant or with the services rendered by
`
`Registrant under the subject mark.
`
`
`
`8
`
`

`

`34.
`
`Accordingly, Registrant’s use of the Mark creates a false suggestion of a connection
`
`with Plaintiff and/or Plaintiff’s SEVITA Mark pursuant to Trademark Act § 2(a), 15 U.S.C. §
`
`1052(a) and Plaintiff is being injured by the continued registration of the Mark.
`
`WHEREFORE, Plaintiff prays that U.S. Registration No. 7,475,590 be cancelled, and that
`
`this cancellation proceeding be sustained in favor of Plaintiff.
`
`Dated: October 31, 2024
`
`Respectfully submitted,
`
`
`
`
`JOHNSON | DALAL
`
`
`By:
`
`
`
`
`
`
`
`______________________
`MARK C. JOHNSON, ESQ.
`111 N. Pine Island Rd.
`Suite 105
`Plantation, Florida 33324
`www.JohnsonDalal.com
`Tel: 954.507.4500
`Fax: 954.507.4502
`Service@JohnsonDalal.com
`MJ@JohnsonDalal.com
`JT@JohnsonDalal.com
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
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`
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`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 31st day of October, 2024, a true and correct copy of the
`
`foregoing will served on Registrant by the Board upon filing, in accordance with TBMP § 110.03.
`
`By: /s/ Mark C. Johnson
`Mark C. Johnson, Esq.
`MJ@JohnsonDalal.com
`
`
`
`9
`
`

`

`
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`
`EXHIBIT A
`EXHIBIT A
`
`

`

`SEVITA, LLC
`18932 Pebble Links Circle #202
`Tampa, FL 33647
`
`January 31, 2424
`
`Jessica L. Rothstein
`GOODWIN PROCTER LLP
`620 EIGHTH AVENUE
`NEWYORK, NEWYORK 10018
`
`Dear Jessica L. Rothstein,
`
`This letter is in regards to your filing for Sevita Trademark with US Trademark and Patent Office
`with $erial Number: 9057961 0.
`
`My name is Sergey Bogatoff and I am a co-owner of Sevita, LLC, together with rny spouse
`Victoria Begatoff. We established the Seuita, LLC in 2014.
`
`I respectfully request to file an anpndment for Serial Nurnber: 90579610 at USPTO. Kindly
`change "Savita" to another word used by the National Mentor Holdings, lnc.
`
`I would like to bring to your attention that National Mentor Holdings, lnc. is involved in multiple
`legal litigations. The Sevita, LLC receives legal correspondense, which associates my company
`with Sevita Trademark, used by the National Mentor Holdings, lnc. lt requires a lot of valuable
`time to reply to legalcerrespondence, which is not related to the Sevita, Ll-C.
`
`The Sevita, LLC is a very reputable company in the freight logistics industry. I don't wish my
`company's name to be associated with muhiple court cases against the National Mentor
`Holdings. lnc.
`
`The Sevita, LLC is using portions of ttre first narnes of its urvners Sergey and Mctoria Bogatoff.
`Thus we will file an application for Sevita Trademark within 30 days in order to use Sevita as our
`brand name and also to protect our psrsonal and corporate reputation.
`
`./ ,r/
`
`Sincerely, It
`-r/4(ftffi
`"/c/- ' Y
`'r#4#-
`Sergey Bogatglf an Owner/Manager of Sevita, LLC
`-4- t-/
`
`OwneriManager of Sevita, LLC
`
`ernail : sbogatoff@gmail.com
`
`email: victoria.bogataff@gmail.com
`
`

`

`2-15-23 - DE - Delivered Service of Process - Sevita LLC.pdf
`
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`
`ATTORNE}*s AT LAW
`
`February
`
`r0,2023
`
`VIA LI.S. MAIT, & CERTIT"IED MAIL
`
`Cina Martin
`r-\Chief Legal Officer. Sevita
`'flS *1 I 3 congress street
`\-/
`Boston. MA 02210
`Cert. Tracking N*. :
`7822 2410 000{} 8513 ?422
`
`Sevita
`C/O Resident Agents. Inc.
`I The Creen. S TE R
`Dover, DE 19901
`Cert. Traeki*g No, :
`7*22 2410 $00& Sst t 4n9
`
`Re: Jpnleq,Scptf $jlliilq r:.,Sammunitv Traqspqrta,tion Services. I+q., ailfl Jg*e
`Aneel IUonie-Diaz
`*I*mpde* Superior Court* Civil Aeti*n No.2279CV0S!64
`
`Dear Ms. Martin and Sevita.
`
`With regard to the above-referenced civil aetion, enclosed please find the following along with a
`certificate of service:
`l. Plcinlil{}ames S. .{rl'in.r' M*tion to Amsnd and Add Ne:l', Delendant v,ith Exhibits;
`and
`2. "4nrended Complaint
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`If you intend to file an opposition to this mction, please d* so within the time period pursuant to
`Massachusetts Superior Court Rule *(a). If you do not oppose the motion* kiadly contact us aild
`advise the same.
`
`Thank yau for your attentisa for this matt€r.
`
`?68 Survl.ralx SrRf[r. Ll-, 8$S:t]*-, MA 0??10 :: PNOx€: (61 7; 391-?CIOi
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`\&Xv\r". 5wtl [JrY Mr fi RrC,\N. Cf )M
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`2-15-23 - DE - Delivered Service of process - Sevita LLC.pdf
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`4.
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`Defendant sevira, L["c is a limired liability company incorporared in rhe state af
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`Delaware, with National Hcadquarters at 213 Congress Streer, Boston. Suftblk County.
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`Massachusetts' {rs registered asegf rgldeglagt$1,-lnc, g rhe creen Inc., Dover, DE.
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`JURISNICTION, VENIjE AND JURY TRIAL Rf,QUEST
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`s
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`This cou* has jurisdiction over the Defendarts and venlre is proper beeause this acrir:n
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`arises from a{ts and occurrence$ within the Conrmsnn ealth cf Massaclusetts, and
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`ilefendants Commr:nity Transportation Services. Inc. and Defendant Jo*c Anget Monje-
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`Diaz live cr are loeated in the commonwsalth of Massachusetts.
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`Plainfiff r*que$ts a trial hy Jury.
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`FACTS COSTMOI\ T$ ALL COUNT
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`On or abaut August 3" 2019, PlaiatiffAtkins was traveling West on Central Street in
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`Springfield Ma"ssaehusetrs.
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`At the same time, Defendant Jase Angel Monje-Diaz" while in the course and scope of
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`his ernploymert with Quatity Life Adult Day Services, \&as traveling or North Ashum
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`Street in Springfr*ld, Massachusetts.
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`Defendant Sevita' LLC, is the parent coffipany and/*r oqiner cf euality Life Adult Day
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`Services.
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`Defendant Jnse Angel Monje-Diaz was operaring a vehicle owned by Community
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`Transpcftation Services, Inc.
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`At that Iscation, traffic on Ashurl Street is cne way, s*uthbound.
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`Defendant Mo*je-Diaz was traveling thc wrong way on Ashum Street as he approached
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`the intersection of Ashum Street and Central Street in Springflel<t, Massachusetts-
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`Defendant l\{onje-Diaz struck the vehicle being operated by plaintiff Atkins.
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`6.
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`7.
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`8.
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`g.
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`t0.
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`I l.
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`12.
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`r3.
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`2-15-23 - DE - Delivered Service of Process - Sevita LLC.pdf
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`43.
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`De{bndailt Jose Angel Monje-Diaz hrd a duty to operate his vehicle safely. follorving the
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`rules nf the road, and respecting the ccmmunity in which he was driving.
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`44.
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`Defendant Jose Angel Monje-Diaz failed t+ operate his r.ehicle safely, did not follow the
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`rules of the road, and dicl nct $perate the vehicle in a rnanner that respected his
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`ccmurunity.
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`45.
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`Defendant J*se Angd Mcnje-Diax was negligeirt in his operatiou of thc v*hicle *n
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`August J, ?019, and is the sole and wholly responsible cause olthe callision.
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`46.
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`As a direct ald praximate result af the negligense of Defendant Jose Angel Manje-lliaz.
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`Plaintiff James Scoit Atkins war caused peilnansnt and severe b*dily injury.
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`PLAIN?ITT'DEMANI}S A JURY TRIAL ON COUNT IY
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`coul{T 1r
`Jarnes Scott Atkins v. Sevita" LLC
`Negligent Inf rustnrent
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`47.
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`The plaintiffincorp*rates all preeeding and subsequent paragraphs herein.
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`4{1.
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`Sn or about August 3,2019, Defendant S*ritntt@the*
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`employer of Defendant Manje-Diaz, and bensfited lirm his work.
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`49.
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`As the employer of Defbndent Monje-Diaz, Defendant $evita, LLC is responsible for his
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`actions, including but n*rt limited to negligent act*.
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`50.
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`Defbndant Sevita, LLC, knew or should have known that Defendant Mcnje-Diaz was
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`unfit to safely operate its vehicle.
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`51.
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`On sr about August 3, 2019, Defendant Sevita, LLC, breached its duty of care *.hen it
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`failed tr: stop Defendant Monje-Diaz from operating a vehicle for its benefit in the
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`C*mrnonwealth af Massachusetts.
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`52"
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`On or about August 3.2019, Defendant Monje-Diaz. operating a vehicle fbr the benefit
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`2-15-23 - DE - Delivered Service of Process - Sevita LLC.pdf
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`of Defu*dant Sevira, i,[-C caused a motor vehicle eollisicn.
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`€{-4.--.,.''#
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`53. As a result of Detbndant Sevita. LLC's negligence, the plaintilTwas caused to suffer
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`personal injuries, great ;rain and sufTering, mental anguish, lost wages andlsr diminished
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`earning capacit,v and past, presant, and future medical expenses.
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`54.
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`As a f*rther rexult af the n*gligence *f the defendant herein, the plaintitT has been put to
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`Sreat expense for medicine. medical attentian and nursirg, and will for an indefinite time
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`in the furure b,e ohliged to expe*d further monies in an etlbrt to surc him*elf of the
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`injurics he hffi sutTered, all ta his great dstrime*t and loss.
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`55.
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`As a furtlrer result of the de{bndant's negligence herein, the plaintiffhas suffered a grest
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`loss and depreciation in his eamings and earning power and will cortirue {o sulTer such
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`loss and depreciatian fsr an indefinite time in the future, all to his great dctriment and
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`l*ss.
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`56. As a further result of the defendant's negligence herein, the plaintiff has undergo*e great
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`physical pain and menlal anguish and will in the furure. all ts his great detriment and loss.
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`WHEREFORE, the plaintiffJames Scorr Atkins demands judgmenr aglilrqlqgryIgIL&IiJ4,'_,
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`. !!e., {or the full amount of his damages, plus interest, costs, expenses, and attarney's fees.
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`PLAIT{TIFF DEh{ANDS A JURY TRIAL ON COT.INT V
`
`COUNT VI
`James Scott Atkinr v; Swita, LLC
`Re*paad*at Superior
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`JI,
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`Plaintiffrepcats, re-*lleges, and reiterated each and ev*ry prior paragraph, as iflaid *ut
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`separately herein-
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`58.
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`On or ahout August 3, 2019, Defendant $evita, l,LC, itself ar by and thru a subsidiary,
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`had in its empl*y, agency, sr service Defendant Jose Angel Monje-Diaz.
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`2-15-23 - DE - Delivered Service of Process - Sevita LLC.pdf
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`59. Pursuant to the doctrine of Respondent Supericr, all negligence committed by its
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`employees, agenrs. $r servants is inrputed to be the responsibility *f De{bnd&nt Sevita,
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`LLC.
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`wHE.REroR.E-theplaintiffJarne$ScattAtkinSdemandsjudgmcntagW
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`LLC, for the full *mfiunt of his darnages, plus interest, e:ostsr exprnses, and aftomey'$ fees
`4
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`TLAINTIFF DEUANDS A JURY TRIAL ON C*UNT VI
`
`COUNT YTI
`Jamr* $cott Atkins v. Sevit* L[,C
`I{cglig*nt Hiring, Training, Retention, and $upervision
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`60.
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`Plaintiffrepeats, re-alleges, and reiterates each and every prior paragraph, as iflaid out
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`separately herein,
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`61.
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`-_?gfry!:lt !:y* !!C, itself'sr by and thru a subeidiary. had a duty exercise reasonable
`care in the hiring, training, retention, and supervision of its emplol.ees.
`
`62
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`Defendant Sevita, LLC" knew or should have knawn that D*fendant Jose Angel Monje-
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`Diaz, amoug other employees, Iacked proper skills and training and was unfit and unable
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`to satbly and properly perforrn his job on or about August 3,2019
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`63.
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`ffy &iling to take reasonable measures in pr*p*rly hiring, training, retaining. and
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`supervising its employees, including but n*{ limited to Defendant Jose Angel Monje-Diaz
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`pef,endant Sevita, LL(i breached its duty of care to PlaintilTJames Scott Atkins.
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`64"
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`As a direet and proximate result of ;gylll!!q.-s negligent hiring. training, retention, and
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`supervision of Defendant Jcsc Angel Monje-Diaz, Plaintif?James Scctt Atkins was
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`eaused pernansnt and severe hodily injury.
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`W$EREFORE, the plaintiff Iames Scott Atkins demandsjudgment against the deferdant Sevita,
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`LLC, for the full arnount of his damages, plus interest, cosfs, expenses, flRd attomey's ,*"r]-
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`TLAINTIFF DEMANDS A JURY TRIAL SN COUNT VII
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`.
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`PLAINTIFF DEMANI}S A