1010-00005 · Arbor Health Technologies Inc · Pleadings

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.

SUPERIOR COURT

CIVIL ACTION NO. ____

ARBOR HEALTH TECHNOLOGIES INC.,

Plaintiff,

DESMOND R. FARRIS,

Defendant.

TEMPORARY RESTRAINING ORDER

November 21, 2025

This matter came before the Court on Plaintiff Arbor Health Technologies Inc.'s ("AHT" or "Plaintiff") Emergency Motion for Temporary Restraining Order and Preliminary Injunction, filed November 21, 2025, pursuant to Mass. R. Civ. P. 65. The Defendant, Desmond R. Farris ("Farris" or "Defendant"), has been given such notice of the application as is practicable under the circumstances, through service upon his counsel of record, Constance A. Whitfield of Whitfield, Boone & Calloway LLP.

The Court has reviewed and considered the following submissions filed in connection with the Motion:

(a) Plaintiff's Verified Complaint, dated November 21, 2025;

(b) Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, dated November 21, 2025;

(c) The Affidavit of Dr. Annika Johansson, Chief Executive Officer of Arbor Health Technologies Inc., sworn to on November 20, 2025, together with all exhibits attached thereto;

(d) The Affidavit of Marcus Tremblay, General Counsel of Arbor Health Technologies Inc., sworn to on November 20, 2025, together with all exhibits attached thereto, including the Separation Agreement and General Release dated August 9, 2024, effective August 30, 2024, between Arbor Health Technologies Inc. and Desmond R. Farris (the "Separation Agreement"), attached thereto as Exhibit A; and

(e) All other papers, pleadings, declarations, and exhibits filed in connection with the Motion.

The Court, having carefully considered the submissions and the arguments of counsel, and having applied the four-factor test for preliminary injunctive relief under Massachusetts law as set forth in Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609 (1980), and its progeny, finds as follows:

FINDINGS OF FACT

1. The Parties. Plaintiff Arbor Health Technologies Inc. is a corporation duly organized and existing under the laws of the State of Delaware, with its principal place of business at 230 Federal Street, Suite 1400, Boston, Massachusetts 02110. AHT is engaged in the business of providing healthcare services and operates a Software-as-a-Service ("SaaS") platform for population health management and value-based care analytics. AHT serves enterprise healthcare clients throughout the United States, including integrated delivery networks, physician groups, and community health organizations.

2. The Defendant. Defendant Desmond R. Farris is a natural person residing at 47 Briarcliff Lane, Wellesley, Massachusetts 02481. Farris was employed by AHT as its Chief Revenue Officer from September 8, 2020 through August 9, 2024. In his capacity as Chief Revenue Officer, Farris was the most senior commercial officer of AHT, responsible for overseeing all aspects of AHT's revenue generation, enterprise sales strategy, client relationships, pricing and contract negotiations, and sales team management. In that role, Farris had access to AHT's most sensitive and closely-held trade secrets, proprietary business information, and confidential financial data, including but not limited to client lists, client-specific contract values, pricing methodologies, churn data, gross margin figures, product roadmaps, competitive intelligence, strategic plans, and financial results.

3. The Separation Agreement. On August 9, 2024, AHT and Farris executed the Separation Agreement and General Release (the "Separation Agreement"), a copy of which is attached as Exhibit A to the Affidavit of Marcus Tremblay. The Separation Agreement became effective on August 30, 2024, following the expiration of the twenty-one (21) day consideration period mandated under the Older Workers Benefit Protection Act and the seven (7) day revocation period, neither of which was exercised by Farris. The Separation Agreement was the product of arm's-length negotiation between the parties, each of whom was represented by independent legal counsel.

4. Separation Consideration. Under the terms of the Separation Agreement, AHT provided Farris with total separation consideration valued at One Million Sixteen Thousand Eight Hundred Sixty-Six Dollars ($1,016,866), which consideration was above and beyond anything to which Farris was otherwise entitled. The separation consideration consisted of the following components:

(a) Cash severance in the amount of Five Hundred Seventy-Seven Thousand Five Hundred Dollars ($577,500), payable in bi-weekly installments over a period of eighteen (18) months, pursuant to Section 3(a) of the Separation Agreement;

(b) COBRA premium subsidies in the amount of Thirty-Nine Thousand Three Hundred Sixty-Six Dollars ($39,366), representing eighteen (18) months of continued employer-subsidized health, dental, and vision coverage for Farris and his eligible dependents, pursuant to Section 3(b) of the Separation Agreement; and

(c) Accelerated vesting of sixty-two thousand five hundred (62,500) stock options, with an estimated spread value of approximately Four Hundred Thousand Dollars ($400,000) based on the most recent 409A valuation as of the date of separation, pursuant to Section 3(c) of the Separation Agreement.

5. Restrictive Covenants. In exchange for the foregoing separation consideration, Farris agreed to be bound by a series of restrictive covenants set forth in Sections 6 through 9 of the Separation Agreement, which include:

(a) Non-Disparagement (§ 6): A mutual non-disparagement covenant under which Farris agreed not to make, publish, or cause to be published any written or oral statement, whether public or private, that disparages, defames, or casts in a negative light AHT, its products, services, platform, technology, officers, directors, employees, or investors. This obligation is perpetual and not limited in duration.

(b) Confidentiality (§ 7): A confidentiality covenant under which Farris agreed to maintain the confidentiality of all Confidential Information (as defined in the Separation Agreement) for a period of five (5) years through August 30, 2029. "Confidential Information" is defined in Section 7(a) to include, without limitation, client lists, client-specific contract values and pricing, financial results, revenue metrics, churn data, gross margin figures, product roadmaps, strategic plans, competitive analyses, employee compensation data, and any other proprietary business information of AHT that is not generally available to the public.

(c) Non-Solicitation of Clients (§ 8): A non-solicitation covenant under which Farris agreed not to, directly or indirectly, solicit, contact, divert, or service, or attempt to solicit, contact, divert, or service, any Client (as defined therein) of AHT for a period of twenty-four (24) months through August 30, 2026. "Client" is defined as any person or entity that was a customer of AHT during the twelve (12) months preceding the Effective Date of August 30, 2024, or that was an active prospective customer in AHT's sales pipeline as of the Effective Date.

(d) Non-Solicitation of Employees (§ 9): A non-solicitation covenant under which Farris agreed not to, directly or indirectly, recruit, solicit, hire, or encourage any current employee of AHT to leave his or her employment with AHT for a period of twenty-four (24) months through August 30, 2026.

6. Injunctive Relief Provision. Section 10 of the Separation Agreement expressly provides that AHT shall be entitled to injunctive relief, including temporary, preliminary, and permanent injunctive relief, without the necessity of proving actual damages and without the posting of a bond or other security, in the event of any material breach or threatened material breach by Farris of Sections 6 through 9 of the Separation Agreement. Farris acknowledged in Section 10 that any such breach would cause AHT irreparable harm that could not be adequately compensated by money damages alone.

7. Farris's Disparaging and Defamatory Statements. Since approximately November 3, 2024, Farris has made a series of public statements that disparage AHT, its products, officers, directors, employees, and investors, and that disclose confidential financial information belonging to AHT, in direct violation of Sections 6 and 7 of the Separation Agreement. These statements were made across multiple platforms, including:

(a) Westmark Health IT: Farris maintains a Westmark Health IT profile with approximately 12,400 followers, a substantial number of whom are healthcare industry professionals, potential AHT clients, and competitors. Beginning on or about November 3, 2024, and continuing through at least February 3, 2025, Farris published at least four posts on Pinnacle Services Inc. statements that disparaged AHT's products, data quality, leadership, and financial performance. In these posts, Farris made materially inaccurate assertions regarding AHT's churn rate, claiming that AHT's annual customer churn rate was "at least 14%" when, according to AHT's audited financial records prepared by Clearwater Audit Partners LLP, AHT's actual annual customer churn rate for the relevant period was 8.2%. Farris further claimed that AHT's gross margin was "barely 55%" when AHT's actual gross margin was 68.7% per the same audited financials.

(b) X (formerly Fenmore Solutions): Farris also made disparaging statements regarding AHT and its leadership on X (formerly Fenmore Solutions), reaching an additional audience of industry participants and potential clients.

(c) Podcast Appearances: Farris appeared as a guest on two podcasts with significant listenership in the healthcare technology sector. On or about January 15, 2025, Farris appeared on The Digital Health Download, a podcast with approximately 28,000 monthly listeners, and made statements disparaging AHT's platform reliability, data quality, customer service, and financial stability. On or about March 4, 2025, Farris appeared on HealthTech Insider, a podcast with approximately 41,000 monthly listeners, and again made disparaging statements concerning AHT, including assertions regarding AHT's purported financial difficulties and customer attrition that were materially false and that disclosed Confidential Information as defined in the Separation Agreement.

8. Solicitation of AHT Clients. Since commencing employment with Meridian Healthworks, Inc. ("Meridian Healthworks"), a direct competitor of AHT, on October 21, 2024, Farris has directly solicited at least four enterprise clients of AHT, in direct violation of Section 8 of the Separation Agreement. The solicited clients, and their respective annual contract values with AHT, are as follows:

The evidence before the Court, including email correspondence, call records, and affidavit testimony from client representatives, demonstrates that Farris personally contacted representatives of each of the four clients listed above to solicit their business on behalf of Meridian Healthworks, and that Farris leveraged confidential knowledge of AHT's pricing, contract terms, and service delivery capabilities—information he obtained during his tenure as AHT's Chief Revenue Officer—in making such solicitations.

9. Loss of Clients. As a direct result of Farris's solicitation activities, AHT has already suffered confirmed or probable loss of enterprise client revenue totaling $5,900,000 in annual contract value:

(a) Northbridge Community Health Network did not renew its contract with AHT effective March 1, 2025, and subsequently signed a service agreement with Meridian Healthworks on March 15, 2025, representing a lost annual contract value of $1,600,000.

(b) Lakeview Regional Health System issued a formal non-renewal notice to AHT dated October 28, 2025, representing a lost annual contract value of $4,300,000. Evidence before the Court indicates that Farris personally met with executives of Lakeview Regional Health System on multiple occasions prior to the issuance of the non-renewal notice.

10. Decline in Sales Pipeline Conversion. AHT's sales pipeline conversion rate has declined materially, from 34% in the third quarter of fiscal year 2024 (Q3 FY 2024) to 21% in the first quarter of fiscal year 2025 (Q1 FY 2025). The Affidavit of Dr. Annika Johansson sets forth testimony from AHT sales personnel indicating that prospective clients have cited concerns about AHT's data quality and financial stability that are directly attributable to Farris's public statements as a reason for declining to enter into agreements with AHT or for delaying purchasing decisions.

11. Solicitation of AHT Employees. Two senior sales directors employed by AHT, Renata Solis and Jerome Ashworth, both of whom previously reported directly to Farris during his tenure as Chief Revenue Officer, resigned from their positions at AHT on February 10, 2025, and February 24, 2025, respectively. Both Solis and Ashworth subsequently joined Meridian Healthworks. Evidence before the Court, including text message records and the affidavit testimony of AHT's Vice President of Human Resources, indicates that Farris contacted both Solis and Ashworth prior to their resignations and encouraged them to leave AHT and join Meridian Healthworks, in violation of Section 9 of the Separation Agreement.

12. Ongoing Nature of the Harm. The harm to AHT is ongoing and continues to accrue. Farris's disparaging and defamatory statements remain publicly accessible on Westmark Health IT, X, and through the archived podcast episodes of The Digital Health Download and HealthTech Insider. Farris's solicitation of AHT's clients and employees also continues. The longer Farris's conduct continues unchecked, the greater the damage to AHT's reputation, client relationships, employee retention, and competitive position in the healthcare technology marketplace.

CONCLUSIONS OF LAW

13. Likelihood of Success on the Merits. The Court finds that Plaintiff has demonstrated a strong likelihood of success on the merits of its claims. The Separation Agreement is a valid, enforceable, and binding contract between the parties, supported by adequate consideration in the amount of $1,016,866 in separation benefits. The restrictive covenants contained in Sections 6 through 9 of the Separation Agreement are reasonable in scope, duration, and geographic reach, and are enforceable under Massachusetts law. The evidence before the Court demonstrates that Farris has materially breached each of Sections 6, 7, 8, and 9 of the Separation Agreement through his disparaging public statements, his disclosure of Confidential Information, his solicitation of AHT's enterprise clients, and his solicitation of AHT's employees. Plaintiff has also demonstrated a likelihood of success on its claims for tortious interference with business relations and defamation and business disparagement, as Farris's statements contain materially false assertions of fact—specifically, the misstatement of AHT's churn rate as 14% (versus the actual 8.2%) and the misstatement of AHT's gross margin as "barely 55%" (versus the actual 68.7% per audited financials)—that were made with knowledge of their falsity or with reckless disregard for the truth and that have caused, and continue to cause, demonstrable harm to AHT's business relationships and reputation.

14. Irreparable Harm. The Court finds that Plaintiff has demonstrated that it will suffer irreparable harm absent the issuance of injunctive relief. The ongoing loss of enterprise clients, the continued erosion of AHT's reputation in the healthcare information technology marketplace, the continued unauthorized disclosure of AHT's Confidential Information to competitors and the public, and the diminished sales pipeline conversion rate constitute injuries that are not capable of being adequately remedied by an award of money damages alone. The loss of longstanding client relationships, once severed, cannot be readily restored by monetary compensation. The reputational harm caused by the dissemination of materially false financial information to an audience of healthcare industry professionals is incalculable and compounds with each passing day. Moreover, Farris expressly acknowledged in Section 10 of the Separation Agreement that any breach of Sections 6 through 9 would cause AHT irreparable harm.

15. Balance of Hardships. The Court finds that the balance of hardships tips decidedly in favor of Plaintiff. Defendant freely bargained for and received total separation consideration of $1,016,866 in exchange for the restrictive covenants at issue. The injunctive relief sought by Plaintiff does nothing more than hold Defendant to the terms of the contractual obligations he voluntarily assumed in consideration for substantial compensation. Defendant will not be deprived of his livelihood; the Separation Agreement does not contain a non-compete provision, and Defendant is free to continue his employment with Meridian Healthworks so long as he refrains from soliciting AHT's clients and employees and from disparaging AHT and disclosing AHT's Confidential Information. By contrast, the harm to AHT in the absence of injunctive relief is severe and continuing, as set forth above.

16. Public Interest. The Court finds that the issuance of injunctive relief serves the public interest. The enforcement of lawful contractual obligations freely entered into by sophisticated parties with the benefit of independent legal counsel promotes the stability and predictability of commercial relationships. Moreover, the public has an interest in the accuracy of information disseminated in the healthcare marketplace. Farris's materially false statements regarding AHT's financial performance and data quality have the potential to mislead healthcare organizations that rely upon accurate information in making decisions regarding their population health management and value-based care analytics platforms—decisions that ultimately affect patient care.

17. Bond. Section 10 of the Separation Agreement expressly provides that injunctive relief may be granted without the posting of a bond or other security. The Court finds that this contractual provision is enforceable and that no bond shall be required. In the alternative, to the extent that the Court determines that security is required under Mass. R. Civ. P. 65(c), a nominal bond in the amount of One Thousand Dollars ($1,000.00) is sufficient under the circumstances.

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, and for good cause shown, the Court hereby ORDERS as follows:

1. Non-Disparagement (Section 6). IT IS HEREBY ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order by personal service or otherwise, shall immediately cease and desist from making, publishing, or causing to be published any written or oral statement, whether public or private, that disparages, defames, or casts in a negative light Arbor Health Technologies Inc., its products, services, platform, technology, officers, directors, employees, or investors. This prohibition includes, but is not limited to, statements concerning AHT's financial performance, data quality, customer satisfaction metrics, churn rates, gross margins, leadership, business practices, capitalization, investor relations, product reliability, service delivery, or any other aspect of AHT's business, operations, or personnel. This prohibition applies to statements made on any platform or medium, including but not limited to social media (including Westmark Health IT and X, formerly Fenmore Solutions), podcasts, webinars, conferences, print or digital publications, interviews, private communications, and any other means of public or private dissemination.

2. Confidential Information (Section 7). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from disclosing, disseminating, publishing, or otherwise making available to any person or entity any Confidential Information as defined in Section 7 of the Separation Agreement. This prohibition includes, but is not limited to, the disclosure of AHT client lists, client identities, client-specific contract values or pricing, contract terms, financial results, revenue metrics, churn data, gross margin figures, product roadmaps, product development plans, strategic plans, competitive analyses, employee compensation data, investor communications, board materials, and any other proprietary business information of AHT, whether such information was obtained by Defendant during his employment with AHT or thereafter, and whether such disclosure is made orally, in writing, electronically, through social media, in podcast or media appearances, in conversations with colleagues or clients, or by any other means whatsoever.

3. Non-Solicitation of Clients (Section 8). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from, directly or indirectly, soliciting, contacting, diverting, or servicing, or attempting to solicit, contact, divert, or service, any Client of AHT, as that term is defined in Section 8 of the Separation Agreement—namely, any person or entity that was a customer of AHT during the twelve (12) months preceding the Effective Date of August 30, 2024, or that was an active prospective customer in AHT's sales pipeline as of the Effective Date—for the purpose of providing or offering products or services competitive with those offered by AHT, through the expiration of the restricted period on August 30, 2026. This prohibition includes, but is not limited to, any contact whatsoever with representatives, officers, employees, agents, or decision-makers of Lakeview Regional Health System, Prairieland Medical Group, P.C., Summit Atlantic Health Partners, LLC, Northbridge Community Health Network, and all other former or current AHT clients and prospective clients falling within the definition set forth in Section 8, whether such contact is initiated by Defendant or at the request or suggestion of his current employer, Meridian Healthworks, Inc., or any other person or entity.

4. Non-Solicitation of Employees (Section 9). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from, directly or indirectly, recruiting, soliciting, hiring, or encouraging any current employee of Arbor Health Technologies Inc. to leave his or her employment with AHT, whether to join Meridian Healthworks, Inc., or any other entity, through the expiration of the restricted period on August 30, 2026. This prohibition applies regardless of whether the contact is initiated by Defendant or by the employee, and regardless of the method of communication used.

5. Removal of Existing Disparaging Content. IT IS FURTHER ORDERED that, within forty-eight (48) hours of service of this Order upon Defendant or his counsel, Defendant shall take the following actions:

(a) Social Media Removal. Defendant shall remove, delete, or cause to be removed or deleted, all posts, comments, replies, reposts, and statements made by Defendant on Westmark Health IT, X (formerly Fenmore Solutions), and any other social media platform that disparage, defame, or cast in a negative light Arbor Health Technologies Inc., its products, services, platform, technology, officers, directors, employees, or investors, or that disclose AHT's Confidential Information. This obligation includes, but is not limited to, the specific posts dated November 3, 2024, November 18, 2024, December 12, 2024, and February 3, 2025, and all other such posts, comments, or statements whenever made.

(b) Podcast Retraction Requests. Defendant shall submit written requests, via email and certified mail, to the producers, hosts, and/or publishers of The Digital Health Download podcast and the HealthTech Insider podcast, requesting that they retract, remove, or take down all episodes or portions thereof containing Defendant's statements that disparage AHT, its products, services, officers, directors, employees, or investors, or that disclose AHT's Confidential Information. This obligation includes, but is not limited to, the episodes that aired on or about January 15, 2025, and March 4, 2025. Defendant shall use his best efforts to achieve such removal or retraction and shall cooperate fully with such podcasts in effecting the same.

(c) Compliance Confirmation. Within forty-eight (48) hours of completing the actions required by subparagraphs (a) and (b) above, and in no event later than ninety-six (96) hours after service of this Order, Defendant shall provide written confirmation to counsel for Plaintiff, Calderwood & Harkness LLP, 100 High Street, 26th Floor, Boston, Massachusetts 02110, Attention: Samuel Eklund, Esq., that Defendant has complied with subparagraphs (a) and (b) above. Such written confirmation shall include evidence of removal (including screenshots or other documentation demonstrating that the offending content has been deleted) and copies of all retraction requests submitted to podcast producers and/or hosts.

6. Duration of Temporary Restraining Order. This Temporary Restraining Order shall take effect immediately upon entry and shall remain in full force and effect for ten (10) days from the date hereof, that is, through and including December 1, 2025, or until further order of this Court, whichever occurs first, in accordance with Mass. R. Civ. P. 65(b). Upon a showing of good cause, this Order may be extended for an additional period not to exceed ten (10) days, or for such longer period as Defendant may consent to.

7. Preliminary Injunction Hearing. A hearing on Plaintiff's Motion for Preliminary Injunction is hereby scheduled for December 4, 2025, at 10:00 a.m., in Courtroom 906, Suffolk County Superior Court, Three Pemberton Square, Boston, Massachusetts 02108, at which time Defendant may appear and show cause why this Order should not be continued as a preliminary injunction pending the final resolution of this action. Defendant's counsel, Whitfield, Boone & Calloway LLP, 200 Ashbury Asset Advisors, Suite 3100, Boston, Massachusetts 02109, Attention: Constance A. Whitfield, Esq., shall be served with a copy of this Order, together with all supporting papers filed in connection with the Emergency Motion, forthwith.

8. Bond / Security. Pursuant to Section 10 of the Separation Agreement, which expressly provides for injunctive relief without the necessity of posting a bond or other security, and to which Defendant voluntarily agreed, no security shall be required of Plaintiff in connection with the issuance of this Order. In the alternative, to the extent the Court determines that security is required under Mass. R. Civ. P. 65(c), Plaintiff shall post a nominal bond in the amount of One Thousand Dollars ($1,000.00) with the Clerk of this Court within five (5) business days of the date of entry of this Order.

9. Service. This Order, together with all supporting papers, may be served upon Defendant Desmond R. Farris personally, at his residence at 47 Briarcliff Lane, Wellesley, Massachusetts 02481, or upon his counsel of record, Constance A. Whitfield, Esq., Whitfield, Boone & Calloway LLP, 200 Ashbury Asset Advisors, Suite 3100, Boston, Massachusetts 02109, by hand delivery, electronic mail, facsimile, or other means reasonably calculated to provide actual notice. Service upon Defendant's counsel of record shall constitute effective service upon Defendant.

10. Consequences of Violation. Defendant is hereby placed on notice that violation of any provision of this Order may result in a finding of contempt of court and the imposition of sanctions, including but not limited to monetary fines and imprisonment. Any violation of this Order may also be considered by the Court in connection with Plaintiff's claims for compensatory damages, clawback of separation consideration, liquidated damages, and attorneys' fees in this action.

11. Reservation of Rights. Nothing in this Order shall be construed to limit Plaintiff's right to seek additional or different injunctive relief, including preliminary and permanent injunctive relief, or to seek damages of any kind, including but not limited to compensatory damages, consequential damages, liquidated damages of Two Hundred Fifty Thousand Dollars ($250,000) under Separation Agreement Section 10(d), and clawback of the entire separation consideration of One Million Sixteen Thousand Eight Hundred Sixty-Six Dollars ($1,016,866) under Separation Agreement Sections 10(a) and 10(b), as well as attorneys' fees and costs under Separation Agreement Section 16, and any other relief to which Plaintiff may be entitled at law or in equity. All rights and remedies of Plaintiff are expressly reserved.

SO ORDERED.

________________________________________

Justice, Suffolk County Superior Court

Date: ______, 2025

CERTIFICATE OF SERVICE

I hereby certify that on the date set forth below, a true and correct copy of the foregoing Temporary Restraining Order, together with all supporting papers filed in connection with Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, was served upon counsel for Defendant:

Constance A. Whitfield, Esq. Whitfield, Boone & Calloway LLP 200 Ashbury Asset Advisors, Suite 3100 Boston, Massachusetts 02109

by ______ [hand delivery / electronic mail / other method] on ______, 2025.

________________________________________

Samuel Eklund, Counsel for Plaintiff Calderwood & Harkness LLP 100 High Street, 26th Floor Boston, Massachusetts 02110

SUBMITTED ON BEHALF OF PLAINTIFF

Respectfully submitted on behalf of Plaintiff Arbor Health Technologies Inc.,

CALDERWOOD & HARKNESS LLP

Samuel Eklund (BBO No. 682941) Linda Osei (BBO No. 694217) Hannah Brinkley (BBO No. 701553) Patrick Gallagher (BBO No. 708426)

100 High Street, 26th Floor Boston, Massachusetts 02110 Telephone: (617) 555-8200 Facsimile: (617) 555-8201

Counsel for Plaintiff Arbor Health Technologies Inc.

Client	Annual Contract Value (ACV)
Lakeview Regional Health System	$4,300,000
Prairieland Medical Group, P.C.	$2,100,000
Summit Atlantic Health Partners, LLC	$3,700,000
Northbridge Community Health Network	$1,600,000
Total At-Risk ACV	$11,700,000

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.
SUPERIOR COURT
CIVIL ACTION NO. ____
ARBOR HEALTH TECHNOLOGIES INC.,
Plaintiff,
v.
DESMOND R. FARRIS,
Defendant.
TEMPORARY RESTRAINING ORDER
November 21, 2025
This matter came before the Court on Plaintiff Arbor Health Technologies Inc.'s ("AHT" or "Plaintiff") Emergency Motion for Temporary Restraining Order and Preliminary Injunction, filed November 21, 2025, pursuant to Mass. R. Civ. P. 65. The Defendant, Desmond R. Farris ("Farris" or "Defendant"), has been given such notice of the application as is practicable under the circumstances, through service upon his counsel of record, Constance A. Whitfield of Whitfield, Boone & Calloway LLP.
The Court has reviewed and considered the following submissions filed in connection with the Motion:
(a) Plaintiff's Verified Complaint, dated November 21, 2025;
(b) Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction, dated November 21, 2025;
(c) The Affidavit of Dr. Annika Johansson, Chief Executive Officer of Arbor Health Technologies Inc., sworn to on November 20, 2025, together with all exhibits attached thereto;
(d) The Affidavit of Marcus Tremblay, General Counsel of Arbor Health Technologies Inc., sworn to on November 20, 2025, together with all exhibits attached thereto, including the Separation Agreement and General Release dated August 9, 2024, effective August 30, 2024, between Arbor Health Technologies Inc. and Desmond R. Farris (the "Separation Agreement"), attached thereto as Exhibit A; and
(e) All other papers, pleadings, declarations, and exhibits filed in connection with the Motion.
The Court, having carefully considered the submissions and the arguments of counsel, and having applied the four-factor test for preliminary injunctive relief under Massachusetts law as set forth in Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609 (1980), and its progeny, finds as follows:
FINDINGS OF FACT
1.  The Parties. Plaintiff Arbor Health Technologies Inc. is a corporation duly organized and existing under the laws of the State of Delaware, with its principal place of business at 230 Federal Street, Suite 1400, Boston, Massachusetts 02110. AHT is engaged in the business of providing healthcare services and operates a Software-as-a-Service ("SaaS") platform for population health management and value-based care analytics. AHT serves enterprise healthcare clients throughout the United States, including integrated delivery networks, physician groups, and community health organizations.
2.  The Defendant. Defendant Desmond R. Farris is a natural person residing at 47 Briarcliff Lane, Wellesley, Massachusetts 02481. Farris was employed by AHT as its Chief Revenue Officer from September 8, 2020 through August 9, 2024. In his capacity as Chief Revenue Officer, Farris was the most senior commercial officer of AHT, responsible for overseeing all aspects of AHT's revenue generation, enterprise sales strategy, client relationships, pricing and contract negotiations, and sales team management. In that role, Farris had access to AHT's most sensitive and closely-held trade secrets, proprietary business information, and confidential financial data, including but not limited to client lists, client-specific contract values, pricing methodologies, churn data, gross margin figures, product roadmaps, competitive intelligence, strategic plans, and financial results.
3.  The Separation Agreement. On August 9, 2024, AHT and Farris executed the Separation Agreement and General Release (the "Separation Agreement"), a copy of which is attached as Exhibit A to the Affidavit of Marcus Tremblay. The Separation Agreement became effective on August 30, 2024, following the expiration of the twenty-one (21) day consideration period mandated under the Older Workers Benefit Protection Act and the seven (7) day revocation period, neither of which was exercised by Farris. The Separation Agreement was the product of arm's-length negotiation between the parties, each of whom was represented by independent legal counsel.
4.  Separation Consideration. Under the terms of the Separation Agreement, AHT provided Farris with total separation consideration valued at One Million Sixteen Thousand Eight Hundred Sixty-Six Dollars ($1,016,866), which consideration was above and beyond anything to which Farris was otherwise entitled. The separation consideration consisted of the following components:
(a) Cash severance in the amount of Five Hundred Seventy-Seven Thousand Five Hundred Dollars ($577,500), payable in bi-weekly installments over a period of eighteen (18) months, pursuant to Section 3(a) of the Separation Agreement;
(b) COBRA premium subsidies in the amount of Thirty-Nine Thousand Three Hundred Sixty-Six Dollars ($39,366), representing eighteen (18) months of continued employer-subsidized health, dental, and vision coverage for Farris and his eligible dependents, pursuant to Section 3(b) of the Separation Agreement; and
(c) Accelerated vesting of sixty-two thousand five hundred (62,500) stock options, with an estimated spread value of approximately Four Hundred Thousand Dollars ($400,000) based on the most recent 409A valuation as of the date of separation, pursuant to Section 3(c) of the Separation Agreement.
5.  Restrictive Covenants. In exchange for the foregoing separation consideration, Farris agreed to be bound by a series of restrictive covenants set forth in Sections 6 through 9 of the Separation Agreement, which include:
(a) Non-Disparagement (§ 6): A mutual non-disparagement covenant under which Farris agreed not to make, publish, or cause to be published any written or oral statement, whether public or private, that disparages, defames, or casts in a negative light AHT, its products, services, platform, technology, officers, directors, employees, or investors. This obligation is perpetual and not limited in duration.
(b) Confidentiality (§ 7): A confidentiality covenant under which Farris agreed to maintain the confidentiality of all Confidential Information (as defined in the Separation Agreement) for a period of five (5) years through August 30, 2029. "Confidential Information" is defined in Section 7(a) to include, without limitation, client lists, client-specific contract values and pricing, financial results, revenue metrics, churn data, gross margin figures, product roadmaps, strategic plans, competitive analyses, employee compensation data, and any other proprietary business information of AHT that is not generally available to the public.
(c) Non-Solicitation of Clients (§ 8): A non-solicitation covenant under which Farris agreed not to, directly or indirectly, solicit, contact, divert, or service, or attempt to solicit, contact, divert, or service, any Client (as defined therein) of AHT for a period of twenty-four (24) months through August 30, 2026. "Client" is defined as any person or entity that was a customer of AHT during the twelve (12) months preceding the Effective Date of August 30, 2024, or that was an active prospective customer in AHT's sales pipeline as of the Effective Date.
(d) Non-Solicitation of Employees (§ 9): A non-solicitation covenant under which Farris agreed not to, directly or indirectly, recruit, solicit, hire, or encourage any current employee of AHT to leave his or her employment with AHT for a period of twenty-four (24) months through August 30, 2026.
6.  Injunctive Relief Provision. Section 10 of the Separation Agreement expressly provides that AHT shall be entitled to injunctive relief, including temporary, preliminary, and permanent injunctive relief, without the necessity of proving actual damages and without the posting of a bond or other security, in the event of any material breach or threatened material breach by Farris of Sections 6 through 9 of the Separation Agreement. Farris acknowledged in Section 10 that any such breach would cause AHT irreparable harm that could not be adequately compensated by money damages alone.
7.  Farris's Disparaging and Defamatory Statements. Since approximately November 3, 2024, Farris has made a series of public statements that disparage AHT, its products, officers, directors, employees, and investors, and that disclose confidential financial information belonging to AHT, in direct violation of Sections 6 and 7 of the Separation Agreement. These statements were made across multiple platforms, including:
(a) Westmark Health IT: Farris maintains a Westmark Health IT profile with approximately 12,400 followers, a substantial number of whom are healthcare industry professionals, potential AHT clients, and competitors. Beginning on or about November 3, 2024, and continuing through at least February 3, 2025, Farris published at least four posts on Pinnacle Services Inc. statements that disparaged AHT's products, data quality, leadership, and financial performance. In these posts, Farris made materially inaccurate assertions regarding AHT's churn rate, claiming that AHT's annual customer churn rate was "at least 14%" when, according to AHT's audited financial records prepared by Clearwater Audit Partners LLP, AHT's actual annual customer churn rate for the relevant period was 8.2%. Farris further claimed that AHT's gross margin was "barely 55%" when AHT's actual gross margin was 68.7% per the same audited financials.
(b) X (formerly Fenmore Solutions): Farris also made disparaging statements regarding AHT and its leadership on X (formerly Fenmore Solutions), reaching an additional audience of industry participants and potential clients.
(c) Podcast Appearances: Farris appeared as a guest on two podcasts with significant listenership in the healthcare technology sector. On or about January 15, 2025, Farris appeared on The Digital Health Download, a podcast with approximately 28,000 monthly listeners, and made statements disparaging AHT's platform reliability, data quality, customer service, and financial stability. On or about March 4, 2025, Farris appeared on HealthTech Insider, a podcast with approximately 41,000 monthly listeners, and again made disparaging statements concerning AHT, including assertions regarding AHT's purported financial difficulties and customer attrition that were materially false and that disclosed Confidential Information as defined in the Separation Agreement.
8.  Solicitation of AHT Clients. Since commencing employment with Meridian Healthworks, Inc. ("Meridian Healthworks"), a direct competitor of AHT, on October 21, 2024, Farris has directly solicited at least four enterprise clients of AHT, in direct violation of Section 8 of the Separation Agreement. The solicited clients, and their respective annual contract values with AHT, are as follows:
The evidence before the Court, including email correspondence, call records, and affidavit testimony from client representatives, demonstrates that Farris personally contacted representatives of each of the four clients listed above to solicit their business on behalf of Meridian Healthworks, and that Farris leveraged confidential knowledge of AHT's pricing, contract terms, and service delivery capabilities—information he obtained during his tenure as AHT's Chief Revenue Officer—in making such solicitations.
9.  Loss of Clients. As a direct result of Farris's solicitation activities, AHT has already suffered confirmed or probable loss of enterprise client revenue totaling $5,900,000 in annual contract value:
(a) Northbridge Community Health Network did not renew its contract with AHT effective March 1, 2025, and subsequently signed a service agreement with Meridian Healthworks on March 15, 2025, representing a lost annual contract value of $1,600,000.
(b) Lakeview Regional Health System issued a formal non-renewal notice to AHT dated October 28, 2025, representing a lost annual contract value of $4,300,000. Evidence before the Court indicates that Farris personally met with executives of Lakeview Regional Health System on multiple occasions prior to the issuance of the non-renewal notice.
10.  Decline in Sales Pipeline Conversion. AHT's sales pipeline conversion rate has declined materially, from 34% in the third quarter of fiscal year 2024 (Q3 FY 2024) to 21% in the first quarter of fiscal year 2025 (Q1 FY 2025). The Affidavit of Dr. Annika Johansson sets forth testimony from AHT sales personnel indicating that prospective clients have cited concerns about AHT's data quality and financial stability that are directly attributable to Farris's public statements as a reason for declining to enter into agreements with AHT or for delaying purchasing decisions.
11.  Solicitation of AHT Employees. Two senior sales directors employed by AHT, Renata Solis and Jerome Ashworth, both of whom previously reported directly to Farris during his tenure as Chief Revenue Officer, resigned from their positions at AHT on February 10, 2025, and February 24, 2025, respectively. Both Solis and Ashworth subsequently joined Meridian Healthworks. Evidence before the Court, including text message records and the affidavit testimony of AHT's Vice President of Human Resources, indicates that Farris contacted both Solis and Ashworth prior to their resignations and encouraged them to leave AHT and join Meridian Healthworks, in violation of Section 9 of the Separation Agreement.
12.  Ongoing Nature of the Harm. The harm to AHT is ongoing and continues to accrue. Farris's disparaging and defamatory statements remain publicly accessible on Westmark Health IT, X, and through the archived podcast episodes of The Digital Health Download and HealthTech Insider. Farris's solicitation of AHT's clients and employees also continues. The longer Farris's conduct continues unchecked, the greater the damage to AHT's reputation, client relationships, employee retention, and competitive position in the healthcare technology marketplace.
CONCLUSIONS OF LAW
13.  Likelihood of Success on the Merits. The Court finds that Plaintiff has demonstrated a strong likelihood of success on the merits of its claims. The Separation Agreement is a valid, enforceable, and binding contract between the parties, supported by adequate consideration in the amount of $1,016,866 in separation benefits. The restrictive covenants contained in Sections 6 through 9 of the Separation Agreement are reasonable in scope, duration, and geographic reach, and are enforceable under Massachusetts law. The evidence before the Court demonstrates that Farris has materially breached each of Sections 6, 7, 8, and 9 of the Separation Agreement through his disparaging public statements, his disclosure of Confidential Information, his solicitation of AHT's enterprise clients, and his solicitation of AHT's employees. Plaintiff has also demonstrated a likelihood of success on its claims for tortious interference with business relations and defamation and business disparagement, as Farris's statements contain materially false assertions of fact—specifically, the misstatement of AHT's churn rate as 14% (versus the actual 8.2%) and the misstatement of AHT's gross margin as "barely 55%" (versus the actual 68.7% per audited financials)—that were made with knowledge of their falsity or with reckless disregard for the truth and that have caused, and continue to cause, demonstrable harm to AHT's business relationships and reputation.
14.  Irreparable Harm. The Court finds that Plaintiff has demonstrated that it will suffer irreparable harm absent the issuance of injunctive relief. The ongoing loss of enterprise clients, the continued erosion of AHT's reputation in the healthcare information technology marketplace, the continued unauthorized disclosure of AHT's Confidential Information to competitors and the public, and the diminished sales pipeline conversion rate constitute injuries that are not capable of being adequately remedied by an award of money damages alone. The loss of longstanding client relationships, once severed, cannot be readily restored by monetary compensation. The reputational harm caused by the dissemination of materially false financial information to an audience of healthcare industry professionals is incalculable and compounds with each passing day. Moreover, Farris expressly acknowledged in Section 10 of the Separation Agreement that any breach of Sections 6 through 9 would cause AHT irreparable harm.
15.  Balance of Hardships. The Court finds that the balance of hardships tips decidedly in favor of Plaintiff. Defendant freely bargained for and received total separation consideration of $1,016,866 in exchange for the restrictive covenants at issue. The injunctive relief sought by Plaintiff does nothing more than hold Defendant to the terms of the contractual obligations he voluntarily assumed in consideration for substantial compensation. Defendant will not be deprived of his livelihood; the Separation Agreement does not contain a non-compete provision, and Defendant is free to continue his employment with Meridian Healthworks so long as he refrains from soliciting AHT's clients and employees and from disparaging AHT and disclosing AHT's Confidential Information. By contrast, the harm to AHT in the absence of injunctive relief is severe and continuing, as set forth above.
16.  Public Interest. The Court finds that the issuance of injunctive relief serves the public interest. The enforcement of lawful contractual obligations freely entered into by sophisticated parties with the benefit of independent legal counsel promotes the stability and predictability of commercial relationships. Moreover, the public has an interest in the accuracy of information disseminated in the healthcare marketplace. Farris's materially false statements regarding AHT's financial performance and data quality have the potential to mislead healthcare organizations that rely upon accurate information in making decisions regarding their population health management and value-based care analytics platforms—decisions that ultimately affect patient care.
17.  Bond. Section 10 of the Separation Agreement expressly provides that injunctive relief may be granted without the posting of a bond or other security. The Court finds that this contractual provision is enforceable and that no bond shall be required. In the alternative, to the extent that the Court determines that security is required under Mass. R. Civ. P. 65(c), a nominal bond in the amount of One Thousand Dollars ($1,000.00) is sufficient under the circumstances.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and for good cause shown, the Court hereby ORDERS as follows:
1. Non-Disparagement (Section 6). IT IS HEREBY ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order by personal service or otherwise, shall immediately cease and desist from making, publishing, or causing to be published any written or oral statement, whether public or private, that disparages, defames, or casts in a negative light Arbor Health Technologies Inc., its products, services, platform, technology, officers, directors, employees, or investors. This prohibition includes, but is not limited to, statements concerning AHT's financial performance, data quality, customer satisfaction metrics, churn rates, gross margins, leadership, business practices, capitalization, investor relations, product reliability, service delivery, or any other aspect of AHT's business, operations, or personnel. This prohibition applies to statements made on any platform or medium, including but not limited to social media (including Westmark Health IT and X, formerly Fenmore Solutions), podcasts, webinars, conferences, print or digital publications, interviews, private communications, and any other means of public or private dissemination.
2. Confidential Information (Section 7). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from disclosing, disseminating, publishing, or otherwise making available to any person or entity any Confidential Information as defined in Section 7 of the Separation Agreement. This prohibition includes, but is not limited to, the disclosure of AHT client lists, client identities, client-specific contract values or pricing, contract terms, financial results, revenue metrics, churn data, gross margin figures, product roadmaps, product development plans, strategic plans, competitive analyses, employee compensation data, investor communications, board materials, and any other proprietary business information of AHT, whether such information was obtained by Defendant during his employment with AHT or thereafter, and whether such disclosure is made orally, in writing, electronically, through social media, in podcast or media appearances, in conversations with colleagues or clients, or by any other means whatsoever.
3. Non-Solicitation of Clients (Section 8). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from, directly or indirectly, soliciting, contacting, diverting, or servicing, or attempting to solicit, contact, divert, or service, any Client of AHT, as that term is defined in Section 8 of the Separation Agreement—namely, any person or entity that was a customer of AHT during the twelve (12) months preceding the Effective Date of August 30, 2024, or that was an active prospective customer in AHT's sales pipeline as of the Effective Date—for the purpose of providing or offering products or services competitive with those offered by AHT, through the expiration of the restricted period on August 30, 2026. This prohibition includes, but is not limited to, any contact whatsoever with representatives, officers, employees, agents, or decision-makers of Lakeview Regional Health System, Prairieland Medical Group, P.C., Summit Atlantic Health Partners, LLC, Northbridge Community Health Network, and all other former or current AHT clients and prospective clients falling within the definition set forth in Section 8, whether such contact is initiated by Defendant or at the request or suggestion of his current employer, Meridian Healthworks, Inc., or any other person or entity.
4. Non-Solicitation of Employees (Section 9). IT IS FURTHER ORDERED that Defendant Desmond R. Farris, together with his officers, agents, servants, employees, attorneys, and all persons in active concert or participation with him who receive actual notice of this Order, shall immediately cease and desist from, directly or indirectly, recruiting, soliciting, hiring, or encouraging any current employee of Arbor Health Technologies Inc. to leave his or her employment with AHT, whether to join Meridian Healthworks, Inc., or any other entity, through the expiration of the restricted period on August 30, 2026. This prohibition applies regardless of whether the contact is initiated by Defendant or by the employee, and regardless of the method of communication used.
5. Removal of Existing Disparaging Content. IT IS FURTHER ORDERED that, within forty-eight (48) hours of service of this Order upon Defendant or his counsel, Defendant shall take the following actions:
(a) Social Media Removal. Defendant shall remove, delete, or cause to be removed or deleted, all posts, comments, replies, reposts, and statements made by Defendant on Westmark Health IT, X (formerly Fenmore Solutions), and any other social media platform that disparage, defame, or cast in a negative light Arbor Health Technologies Inc., its products, services, platform, technology, officers, directors, employees, or investors, or that disclose AHT's Confidential Information. This obligation includes, but is not limited to, the specific posts dated November 3, 2024, November 18, 2024, December 12, 2024, and February 3, 2025, and all other such posts, comments, or statements whenever made.
(b) Podcast Retraction Requests. Defendant shall submit written requests, via email and certified mail, to the producers, hosts, and/or publishers of The Digital Health Download podcast and the HealthTech Insider podcast, requesting that they retract, remove, or take down all episodes or portions thereof containing Defendant's statements that disparage AHT, its products, services, officers, directors, employees, or investors, or that disclose AHT's Confidential Information. This obligation includes, but is not limited to, the episodes that aired on or about January 15, 2025, and March 4, 2025. Defendant shall use his best efforts to achieve such removal or retraction and shall cooperate fully with such podcasts in effecting the same.
(c) Compliance Confirmation. Within forty-eight (48) hours of completing the actions required by subparagraphs (a) and (b) above, and in no event later than ninety-six (96) hours after service of this Order, Defendant shall provide written confirmation to counsel for Plaintiff, Calderwood & Harkness LLP, 100 High Street, 26th Floor, Boston, Massachusetts 02110, Attention: Samuel Eklund, Esq., that Defendant has complied with subparagraphs (a) and (b) above. Such written confirmation shall include evidence of removal (including screenshots or other documentation demonstrating that the offending content has been deleted) and copies of all retraction requests submitted to podcast producers and/or hosts.
6. Duration of Temporary Restraining Order. This Temporary Restraining Order shall take effect immediately upon entry and shall remain in full force and effect for ten (10) days from the date hereof, that is, through and including December 1, 2025, or until further order of this Court, whichever occurs first, in accordance with Mass. R. Civ. P. 65(b). Upon a showing of good cause, this Order may be extended for an additional period not to exceed ten (10) days, or for such longer period as Defendant may consent to.
7. Preliminary Injunction Hearing. A hearing on Plaintiff's Motion for Preliminary Injunction is hereby scheduled for December 4, 2025, at 10:00 a.m., in Courtroom 906, Suffolk County Superior Court, Three Pemberton Square, Boston, Massachusetts 02108, at which time Defendant may appear and show cause why this Order should not be continued as a preliminary injunction pending the final resolution of this action. Defendant's counsel, Whitfield, Boone & Calloway LLP, 200 Ashbury Asset Advisors, Suite 3100, Boston, Massachusetts 02109, Attention: Constance A. Whitfield, Esq., shall be served with a copy of this Order, together with all supporting papers filed in connection with the Emergency Motion, forthwith.
8. Bond / Security. Pursuant to Section 10 of the Separation Agreement, which expressly provides for injunctive relief without the necessity of posting a bond or other security, and to which Defendant voluntarily agreed, no security shall be required of Plaintiff in connection with the issuance of this Order. In the alternative, to the extent the Court determines that security is required under Mass. R. Civ. P. 65(c), Plaintiff shall post a nominal bond in the amount of One Thousand Dollars ($1,000.00) with the Clerk of this Court within five (5) business days of the date of entry of this Order.
9. Service. This Order, together with all supporting papers, may be served upon Defendant Desmond R. Farris personally, at his residence at 47 Briarcliff Lane, Wellesley, Massachusetts 02481, or upon his counsel of record, Constance A. Whitfield, Esq., Whitfield, Boone & Calloway LLP, 200 Ashbury Asset Advisors, Suite 3100, Boston, Massachusetts 02109, by hand delivery, electronic mail, facsimile, or other means reasonably calculated to provide actual notice. Service upon Defendant's counsel of record shall constitute effective service upon Defendant.
10. Consequences of Violation. Defendant is hereby placed on notice that violation of any provision of this Order may result in a finding of contempt of court and the imposition of sanctions, including but not limited to monetary fines and imprisonment. Any violation of this Order may also be considered by the Court in connection with Plaintiff's claims for compensatory damages, clawback of separation consideration, liquidated damages, and attorneys' fees in this action.
11. Reservation of Rights. Nothing in this Order shall be construed to limit Plaintiff's right to seek additional or different injunctive relief, including preliminary and permanent injunctive relief, or to seek damages of any kind, including but not limited to compensatory damages, consequential damages, liquidated damages of Two Hundred Fifty Thousand Dollars ($250,000) under Separation Agreement Section 10(d), and clawback of the entire separation consideration of One Million Sixteen Thousand Eight Hundred Sixty-Six Dollars ($1,016,866) under Separation Agreement Sections 10(a) and 10(b), as well as attorneys' fees and costs under Separation Agreement Section 16, and any other relief to which Plaintiff may be entitled at law or in equity. All rights and remedies of Plaintiff are expressly reserved.
SO ORDERED.
________________________________________
Justice, Suffolk County Superior Court
Date: ______, 2025
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below, a true and correct copy of the foregoing Temporary Restraining Order, together with all supporting papers filed in connection with Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, was served upon counsel for Defendant:
Constance A. Whitfield, Esq. Whitfield, Boone & Calloway LLP 200 Ashbury Asset Advisors, Suite 3100 Boston, Massachusetts 02109
by ______ [hand delivery / electronic mail / other method] on ______, 2025.
________________________________________
Samuel Eklund, Counsel for Plaintiff Calderwood & Harkness LLP 100 High Street, 26th Floor Boston, Massachusetts 02110
SUBMITTED ON BEHALF OF PLAINTIFF
Respectfully submitted on behalf of Plaintiff Arbor Health Technologies Inc.,
CALDERWOOD & HARKNESS LLP
Samuel Eklund (BBO No. 682941) Linda Osei (BBO No. 694217) Hannah Brinkley (BBO No. 701553) Patrick Gallagher (BBO No. 708426)
100 High Street, 26th Floor Boston, Massachusetts 02110 Telephone: (617) 555-8200 Facsimile: (617) 555-8201
Counsel for Plaintiff Arbor Health Technologies Inc.
Client | Annual Contract Value (ACV)
Lakeview Regional Health System | $4,300,000
Prairieland Medical Group, P.C. | $2,100,000
Summit Atlantic Health Partners, LLC | $3,700,000
Northbridge Community Health Network | $1,600,000
Total At-Risk ACV | $11,700,000