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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-16
Status Closed
Type Lead Poisoning Prevention (c 11 196 198)
Docket 69 entries
Disposition disposed

Parties

Plaintiff Riverhead Building Supply Corp.
Defendant Wade Construction & Remodeling, Inc.|Wade, Lester B|Barros, Eugene|Barros, Eurides

Lawyers

Docket Entries

  1. E-File complaint filed.
  2. Statement of damages filed by Plaintiff alleging contract action for damages of more than $25000. (Dist./Mun.Cts.Supp.R.Civ.P. 102A)
  3. Return of service on complaint and summons to Wade Construction & Remodeling, Inc.: Officer service SERVED at last and usual abode (Mass.R.Civ.P. 4(f)). 8/22
  4. Appearance filed
  5. Answer filed with claim of Jury Trial. by Eugene Barros and Eurides Barros
  6. Appearance filed On this date Melissa J Bruno, Esq. added as Private Counsel for Defendant Eugene Barros
  7. Appearance filed On this date Melissa J Bruno, Esq. added as Private Counsel for Defendant Eurides Barros
  8. Pre-Trial Conference scheduled before the DCS - S.O. 1-16 Event: Quincy- DCS Pretrial Conference S.O. 1-16 Date: 03/11/2024 Time: 03:00 PM
  9. Motion for enlargement of time (Mass.R.Civ.P. 6[b]) to serve Construction & Remodeling Inc. filed by Riverhead Building Supply Corp. and assented to by other party(ies).
  10. Return of service on complaint and summons to Eurides Barros: Officer service SERVED in hand (Mass.R.Civ.P. 4(f)). 8/28
  11. Return of service on complaint and summons to Wade Construction & Remodeling, Inc.: Officer service SERVED at last and usual abode (Mass.R.Civ.P. 4(f)). 8/28
  12. Motion for enlargement of time (Mass.R.Civ.P. 6[b]) to serve defendant allowed . 30 days
  13. eturn of service on complaint and summons to Wade Construction & Remodeling, Inc.: Officer service SERVED to party's agent (Mass.R.Civ.P. 4(f)). 9/19
  14. otion to compel the production of documents filed by Riverhead Building Supply Corp.-Plaintiff.
  15. vent Scheduled Event: Motion Hearing (CV) Date: 11/29/2023 Time: 09:00 AM Result: Not Held But Event Resolved
  16. vent Resulted: Motion Hearing (CV) scheduled on: 11/29/2023 09:00 AM Has been: Not Held But Event Resolved Hon. Mark S Coven, Presiding
  17. otion to assess damages (Mass.R.Civ.P. 55[b][4]) and default judgment filed by Riverhead Building Supply Corp.-Plaintiff.
  18. ffidavit of Riverhead Building Supply Corp. filed.
  19. ffidavit of Riverhead Building Supply Corp. filed.
  20. illitary affidavit filed as to party's millitary service. (Servicemembers Civil Relief Act, P.L. 108-189 201, 50 U.S.C. App. 421).
  21. roposed Order
  22. eturn of service on certificate of service Wade Construction & Remodeling, Inc.; Officer service SERVED to party's agent
  23. pplication to clerk-magistrate to enter default against Lester B Wade filed by Riverhead Building Supply Corp. (Mass.R.Civ.P. 55(a) & 77(b)).
  24. pplication to clerk-magistrate to enter default against Wade Construction & Remodeling, Inc. filed by Riverhead Building Supply Corp. (Mass.R.Civ.P. 55(a) & 77(b)).
  25. vent Scheduled Event: Motion Hearing (CV) Date: 12/27/2023 Time: 09:00 AM Result: Held - under advisement
  26. ase Disposition Date Entered
  27. efault entered against Wade Construction & Remodeling, Inc. by clerk-magistrate (Mass.R.Civ.P. 55(a) & 77(b)). Judge: Comerford, James F
  28. vent Resulted: Motion Hearing (CV) scheduled on: 12/27/2023 09:00 AM Has been: Held - under advisement Hon. Mark S Coven, Presiding
  29. aken under advisement ( [Judge] ).: Motion Hearing (CV) scheduled on: 12/27/2023 09:00 AM Has been: Held - under advisement Hon. Mark S Coven, Presiding
  30. rial under advisement by judicial officer: Motion Hearing (CV) scheduled on: 12/27/2023 09:00 AM Has been: Held - under advisement Hon. Mark S Coven, Presiding
  31. otion under advisement by judicial officer.: Motion Hearing (CV) scheduled on: 12/27/2023 09:00 AM Has been: Held - under advisement Hon. Mark S Coven, Presiding
  32. otion for judgment and assessment allowed . as to Wade and Wade Construction and Remodeling inc in the amount of $35376.86. The court does not find that failure to pay three invoices alone, constitutes an unfair and deceptive business practice. Multiple damages and attorneys fees are denied. Coven J. Judge: Coven, Hon. Mark S
  33. udgment Entered:: Judgment for the Plaintiff , after default and upon assessment of damages Presiding: Hon. Mark S Coven Judgment For: Riverhead Building Supply Corp. Judgment Against: Wade Construction & Remodeling, Inc. Terms of Judgment: Interest Begins: 06/16/2023 Jdgmnt Date: 12/28/2023 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 35376.86 Filing Fees: 195.00 Costs Pd to Court: 5.00 Other Costs: 167.06 Judgment Total: 38,013.52
  34. xecution Issued: Execution on Money Judgment Judgment Debtor: Wade Construction & Remodeling, Inc. Judgment Creditor: Riverhead Building Supply Corp. Terms of Execution: EXON Issuance Date: 01/09/2024 Judgment Total: 38,013.52 Post Judgment Int. Rate: .12 Post Judgment Int. Total: 150.08 Execution Subtotal: 38,163.60 Execution Total: 38,163.60
  35. otion to withdraw as counsel filed
  36. ppearance filed
  37. ppearance filed On this date Melissa J Bruno, Esq. dismissed/withdrawn as Private Counsel for Defendant Eugene Barros
  38. ppearance filed On this date William Christopher Kneeshaw, Esq. added as Private Counsel for Defendant Eugene Barros
  39. ppearance filed On this date Melissa J Bruno, Esq. dismissed/withdrawn as Private Counsel for Defendant Eurides Barros
  40. ppearance filed On this date William Christopher Kneeshaw, Esq. added for Defendant Eurides Barros
  41. otion to continue pretrial conference filed by Riverhead Building Supply Corp.-Plaintiff.
  42. re-Trial Conference scheduled before the DCS - S.O. 1-16 Event: Quincy- DCS Pretrial Conference S.O. 1-16 Date: 07/01/2024 Time: 03:00 PM Result: Held
  43. otion for attachment by trustee process (Civ.P.4.2[g]) ex parte as to Rockland Federal CU filed by Riverhead Building Supply Corp.-Plaintiff.
  44. emorandum filed jointly by all parties.
  45. vent Resulted: Quincy- DCS Pretrial Conference S.O. 1-16 scheduled on: 07/01/2024 03:00 PM Has been: Held James F Comerford, Presiding
  46. vent Scheduled Event: First Appearance in Trial Session (CV) Date: 08/21/2024 Time: 09:00 AM Result: Held
  47. vent Scheduled Event: Motion Hearing (CV) Date: 07/22/2024 Time: 09:00 AM Result: Held
  48. vent Resulted: Motion Hearing (CV) scheduled on: 07/22/2024 09:00 AM Has been: Held Hon. Maurice R Flynn, III, Presiding
  49. otion for attachment of trustee process allowed . Judge: Flynn, III, Hon. Maurice R
  50. eturn of service on trustee summons Rockland Federal Credit Union; Officer service SERVED to party's agent on 07/31/2024
  51. nswer to trustee summons filed by (G.L. c.246 10-11; Mass.R.Civ.P. 4.2(d)).
  52. vent Resulted: First Appearance in Trial Session (CV) scheduled on: 08/21/2024 09:00 AM Has been: Held Hon. Mark S Coven, Presiding
  53. vent Scheduled Event: Judicial Settlement Conference Date: 09/18/2024 Time: 02:00 PM Result: Not Settled-Schedule new court hearing
  54. vent Resulted: Judicial Settlement Conference scheduled on: 09/18/2024 02:00 PM Has been: Not Settled-Schedule new court hearing Hon. Paula J. Clifford, Presiding
  55. vent Scheduled Event: First Appearance in Trial Session (CV) Date: 12/09/2024 Time: 10:00 AM Result: Held
  56. vent Resulted: First Appearance in Trial Session (CV) scheduled on: 12/09/2024 10:00 AM Has been: Held Hon. Paula J. Clifford, Presiding
  57. vent Scheduled Event: Bench Trial (CV) Date: 03/12/2025 Time: 10:00 AM Result: Reschedule of Hearing
  58. vent Scheduled Event: Bench Trial (CV) Date: 03/12/2025 Time: 10:00 AM Result: Held - under advisement
  59. roposed finding of fact and rulings of law filed [Mass.R.Civ.P.Rule 52c] Filed by Plaintiff.
  60. roposed finding of fact and rulings of law filed [Mass.R.Civ.P.Rule 52c] Plaintiff's Proposed Conclusions of Law filed.
  61. tipulation filed: Joint Witness List
  62. tipulation filed: Joint Exhibit List
  63. he following matter was taken under advisement: (Free Text): Bench Trial (CV) scheduled on: 03/12/2025 10:00 AM Has been: Held - under advisement Hon. Matthew McGrath, Presiding
  64. inding and decision made on the following matter that was previously taken under advisement: .. Judge: McGrath, Hon. Matthew
  65. udgment for the plaintiff for $35316.86 as to eugene and Eurides Barros with copies sent Judge: McGrath, Hon. Matthew
  66. udgment Entered:: Judgment for the Plaintiff , after trial by a judge Presiding: Hon. Matthew McGrath Judgment For: Riverhead Building Supply Corp. Judgment Against: Eugene Barros Eurides Barros Terms of Judgment: Interest Begins: 06/16/2023 Jdgmnt Date: 03/31/2025 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 35316.86 Filing Fees: 195.00 Costs Pd to Court: 10.00 Other Costs: 79.72 Judgment Total: 43,200.57
  67. equest for certified copy of judgment.
  68. roposed Order
  69. xecution Issued: Execution on Money Judgment Judgment Debtor: Barros, Eugene / Barros, Eurides Judgment Creditor: Riverhead Building Supply Corp. Terms of Execution: EXON Issuance Date: 04/11/2025 Judgment Total: 43,200.57 Post Judgment Int. Rate: .12 Post Judgment Int. Total: 156.34 Execution Subtotal: 43,356.91 Execution Total: 43,356.91

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