SHIGERU UEDA, individually and as Trustee of the SHIGERU UEDA REVOCABLE LIVING TRUST, and HISAKO UEDA, as Trustee of the HISAKO UEDA REVOCABLE LIVING TRUST v. AYOUB MEHDIZADEH and MAHIN MEHDIZADEH

Petitioners Shigeru Ueda, individually and as Trustee of the Shigeru Ueda Revocable Living Trust (Shigeru Trust) and Hisako Ueda, as Trustee of the Hisako Ueda Revocable Living Trust (Hisako Trust) filed their complaint on June 16, 2017, naming as respondents Ayoub Mehdizadeh and Mahin Mehdizadeh (the Mehdizadehs) and seeking partition of the property at 150-152 Main Street, Peabody, Massachusetts (property), along with their Motion for Appointment of Receiver. On June 23, 2017, the court issued its Order on Motion for Receiver. On June 29, 2017, the court issued its Interim Order Appointing Gino Ricciardelli, Esq. as Receiver and as Partition Commissioner. The court issued the Warrant to Commissioner on August 16, 2017. The Commissioner's Supplemental Report regarding Sales Proceeds of 150 Main Street, Peabody, MA was filed on March 29, 2018, in which the Commissioner reported the sale of the property and set forth the net proceeds. The petitioners filed their response on April 11, 2018, and on April 12, 2018, the court issued its Order on Partial Distribution. On July 18, 2018, the Assented-to Motion to Allow Partial Distribution to Respondents was filed, and at a telephone hearing on July 26, 2018, the motion was allowed in part. On April 11, 2019, the Commissioner filed his Revised and Updated Statement of Funds on Account as of April 2, 2019.

The pretrial conference was held on May 22, 2019, at which the parties and the court agreed that the trial would be on the issues of the alleged loan to respondents and the Contempt Complaint. The trial was held on July 24, 2019. The Petitioners' Post-Trial Memorandum and the Respondents' Post Trial Brief were filed on August 30, 2019. Closing arguments were heard on September 11, 2019, and the case was then taken under advisement. In a Decision of even date, the court has made findings of facts and rulings of law.

In accordance with the Decision issued today, the Commissioner is hereby ORDERED

(i) to pay to the Shigeru Trust and the Hisako Trust $503,037.25, divided equally between the two trusts, out of the Mehdizadehs' share of the sale proceeds;

(ii) to charge the entire cost of $33,620.46 in security deposits and last month's rents to the Mehdizadehs, and adjust their share and the shares of the Shigeru and Hisako Trusts accordingly;

(iii) to withhold from distribution to the Mehdizadehs from their share the amount of $7,817.50, representing the damages and attorney's fees awarded under the Judgment on Complaint for Contempt issued today, to be distributed when the Judgment on Complaint for Contempt becomes final; and

(iv) to submit to the court a proposed distribution consistent with this Order within fourteen (14) days of the date of this Order, after which the parties shall have seven (7) days to file any response.

So Ordered.