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Federico Construction, Inc. vs. J. Fletcher Creamer & Son, Inc. et al
On January 11, 2017 a construction surety bond, g.l. c. 149, §§ 29, 29a case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Middlesex County, MA. Judge Mitchell H. Kaplan presiding.
Case Details
Case Number
Filing Date
January 11, 2017
Last Refreshed
April 10, 2021
Filing Location
Middlesex County, MA
OTHER JUDGES ON THIS CASE
Christine M. Mcevoy;Category
Administrative Civil Actions
Practice Area
Torts
Matter Type
Construction
Status
Dismissal
OTHER JUDGES ON THIS CASE
Parties
Plaintiffs
Federico Construction, Inc.
Attorneys for Plaintiffs
Brodigan, Jr., Esq., Joseph J
Defendants
Liberty Mutual Surety
Safeco Insurance Company Of America
J. Fletcher Creamer & Son, Inc.
Attorneys for Defendants
Daniels, Esq., Andrew William
Boylan, Esq., Paul G
Other Parties
City Of Woburn
(Reach)
Doucette, Esq., Ellen Callahan
(Attorney)
Frederico Construction Inc
(Other Interested Party)
Case Events
| Date | Type | Description | |
|---|---|---|---|
| July 02, 2018 | Docket Event | Exhibits Destroyed | |
| March 16, 2017 | Docket Event | Party(s) file Stipulation of Dismissal ASSENTED-TO STIPULATION: The Plaintiff with assent of all parties who have appeared ("Parties") move pursuant to M.R.C.P.41(a)(1)(I) that Plaintiff with all other Parties hereby stipulates that this action be dismissed with prejudice as to all claims or counterclaims which were or could have been asserted in this civil action and that all Parties hereby waive all rights of appeal and all further attorneys' fees or costs Applies To: Federico Construction, Inc. (Plaintiff); J. Fletcher Creamer & Son, Inc. (Defendant); Safeco Insurance Company Of America (Defendant); Liberty Mutual Surety (Defendant) | |
| January 25, 2017 | Docket Event | Judgment and Order. It is ORDERED and ADJUDGED:: that: 1. Judgment shall enter on Count I for Richard Federico and against J. Fletcher Creamer & Son, Inc.: (a) as Damages in the sum of $152,882.00; and, (b) as attorney fees and costs in the sum of $60,148.46. 2. Judgment shall enter on Count IV for Richard Federico and against Safeco Insurance Company of America: (a) as Damages in the sum of $152,882.00; and, (b) as attorney fees and costs in the sum of $60,148.46. 3. Prejudgment interest shall be computed on the sum of $152,882.00 only as follows: September 30, 2011, December 31, 2012: 0.50% simple interest is: $23,020.46 January 1, 2013, December 31, 2016: 0.50% simple interest is: $3,057.95 January 1, 2017, January 25, 2017: 0.50% simple interest is: $100.54 4. Post-judgment interest will be computed at 2.5% simple interest on the sum of $213,030.46 with adjustment after December 31, 2017 should the judgment remain unpaid. | |
| January 24, 2017 | Docket Event | MEMORANDUM & ORDER: MEMORANDUM AND ORDER ON POST-TRIAL MOTIONS: PLAINTIFF'S MOTION FOR ATTORNEY FEES, AND MOTION BY DEFENDANTS AFTER TRIAL AS TO PREJUDGMENT INTEREST UNDER LAW OF NEW JERSEY: ORDER FOR JUDGMENT: | |
| January 24, 2017 | Docket Event | Endorsement on Motion of Defendants After Trial as to Prejudgment Interest Under Law of New Jersey (#35.0): Other action taken See Memorandum of decision and order. Dated: January 24, 2017 | |
| January 24, 2017 | Docket Event | Endorsement on Motion for Attorney Fees (#34.0): Other action taken See Memorandum of decision and order. Dated: January 24, 2017 | |
| January 11, 2017 | Docket Event | Matter taken under advisement The following event: Hearing on Equity Issue scheduled for 01/11/2017 02:00 PM has been resulted as follows: Result: Held - Under advisement | |
| December 27, 2016 | Docket Event | The following form was generated: Notice to Appear Sent On: 12/27/2016 15:36:41 | |
| December 20, 2016 | Docket Event | Event Result: The following event: Status Review scheduled for 12/20/2016 07:30 AM has been resulted as follows: Result: Held as Scheduled | |
| November 15, 2016 | Docket Event | Request for hearing filed Request for Oral Argument on the Plaintiff's opposition to the Defts' Motion as to the Defendants' Motion as to Pre-Judgment interest Applies To: Federico Construction, Inc. (Plaintiff) | |
| November 15, 2016 | Docket Event | Federico Construction, Inc.'s Memorandum in opposition to Defts' Motion as to Pre-Judgment Interest Applies To: Federico Construction, Inc. (Plaintiff) | |
| November 15, 2016 | Docket Event | Affidavit of David W. Phillips as to interest Rates Under New Jersey Law | |
| November 15, 2016 | Docket Event | Defendant, Defendant J. Fletcher Creamer & Son, Inc., Liberty Mutual Surety's Motion for Prejudgment Interest Under Law of New Jersey after Trial | |
| November 14, 2016 | Docket Event | Federico Construction, Inc.'s Memorandum of Law Re: Attorney (Rebuttal) | |
| November 14, 2016 | Docket Event | Opposition to Deft's Motion Post Trial Motion for Attorneys' Fees filed by Applies To: J. Fletcher Creamer & Son, Inc. (Defendant) | |
| November 14, 2016 | Docket Event | J. Fletcher Creamer & Son, Inc.'s Appendix of Exhibits | |
| November 14, 2016 | Docket Event | Affidavit of Attorneys' Fees | |
| November 14, 2016 | Docket Event | Federico Construction, Inc.'s Memorandum of Law in support of its Motion for Attorneys' Fees Applies To: Federico Construction, Inc. (Plaintiff) | |
| November 14, 2016 | Docket Event | Plaintiff Federico Construction, Inc.'s Motion for Attorney's Fees | |
| August 17, 2016 | Docket Event | ORDER: FINDINGS OF FACT CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT (WHICH SEE PGS. 1-77) (see scan ) ORDER: For the foregoing reasons: 1. Following a further submission of itemized legal bills and a hearing on attorney's fees and costs, judgment will enter in plaintiff Federico's favor, (a) on Count I of the Complaint against defendant Creamer and (b) on Count IV of the Complaint against defendant Safeco, in the amount of $152,882.00, the defendant to be liable jointly and severally. 2. Federico is to serve and file a motion for attorney fees and costs under the Rule 9A protocol. Counsel will please include with the papers a list of two or three dates in October on which they can be available for a two o'clock call in Woburn to argue the motion. (Thomas P. Billings, Justice) Dated 8/15/16 and copies mailed 8/17/16 | |
| June 27, 2016 | Docket Event | Event Result: The following event: Conference to Review Status scheduled for 06/27/2016 02:00 PM has been resulted as follows: Result: Not Held Reason: Not reached by Court | |
| May 20, 2016 | Docket Event | Objection to affidavit filed long after close of evidence. filed by J. Fletcher Creamer & Son, Inc. | |
| May 20, 2016 | Docket Event | Affidavit filed by Federico Construction, Inc.Joseph J Brodigan, Jr., Esq. for Attorney's Fees | |
| May 20, 2016 | Docket Event | Plaintiff Federico Construction, Inc. files proposed Findings of Fact and conclusions of law. Applies To: Federico Construction, Inc. (Plaintiff) | |
| May 18, 2016 | Docket Event | Defendant J. Fletcher Creamer & Son, Inc. files proposed Findings of Fact and conclusions of law Applies To: J. Fletcher Creamer & Son, Inc. (Defendant) | |
| May 18, 2016 | Docket Event | Affidavit of Joseph J. Brodigan, Jr,. Esquire, Counsel for the Plaintiff, of Attorneys' Fees. | |
| May 18, 2016 | Docket Event | Plaintiff Federico Construction, Inc. files proposed Findings of Fact & Rulings of Law Applies To: Federico Construction, Inc. (Plaintiff) | |
| May 17, 2016 | Docket Event | Defendant J. Fletcher Creamer & Son, Inc. files proposed Findings of Fact & Rulings of Law Applies To: J. Fletcher Creamer & Son, Inc. (Defendant) | |
| April 07, 2016 | Docket Event | The following form was generated: Notice to Appear Sent On: 04/07/2016 09:50:34 | |
| February 10, 2016 | Docket Event | Endorsement on Motion to Postpone January 30, 2016 Deadline For Post Trial Submitals to a date 30 days after the parties get the trial transcripts. Assented to motion. (Parties to inform the Court when that happens) (#25.0): ALLOWED | |
| February 01, 2016 | Docket Event | Event Result: The following event: Status Review scheduled for 02/01/2016 04:00 PM has been resulted as follows: Result: Held as Scheduled | |
| January 27, 2016 | Docket Event | Plaintiff Federico Construction, Inc., J. Fletcher Creamer & Son, Inc.'s Assented to Motion to Postpone January 30, 2016 Deadline For Post Trial Submitals to a date 30 days after the parties get the trial transcripts. (Parties to inform the Court when that happens) | |
| November 13, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 11/13/2015 09:00 AM has been resulted as follows: Result: Held as Scheduled | |
| November 10, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 11/10/2015 09:00 AM has been resulted as follows: Result: Held as Scheduled | |
| November 09, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 11/09/2015 09:00 AM has been resulted as follows: Result: Rescheduled Reason: Not reached by Court | |
| October 08, 2015 | Docket Event | The following form was generated: Notice to Appear for Trial Sent On: 10/08/2015 14:09:15 | |
| October 08, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 10/09/2015 09:00 AM has been resulted as follows: Result: Not Held Reason: Not reached by Court | |
| October 08, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 10/08/2015 09:00 AM has been resulted as follows: Result: Held as Scheduled | |
| October 07, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 10/07/2015 09:00 AM has been resulted as follows: Result: Held as Scheduled | |
| October 06, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 10/06/2015 09:00 AM has been resulted as follows: Result: Held as Scheduled | |
| October 01, 2015 | Docket Event | Event Result: The following event: Jury Waived Trial scheduled for 10/05/2015 09:00 AM has been resulted as follows: Result: Rescheduled Reason: Not reached by Court | |
| September 22, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 09/22/2015 02:00 PM has been resulted as follows: Result: Held as Scheduled | |
| September 18, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 09/29/2015 02:00 PM has been resulted as follows: Result: Rescheduled Reason: Not reached by Court | |
| September 17, 2015 | Docket Event | The following form was generated: Notice to Appear Sent On: 09/17/2015 13:19:00 | |
| September 17, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 09/28/2015 02:00 PM has been resulted as follows: Result: Rescheduled Reason: Joint request of parties | |
| April 27, 2015 | Docket Event | Pre-Trial ORDER: NON-JURY/JURY WAIVED | |
| April 27, 2015 | Docket Event | Event Result: The following event: Jury Trial scheduled for 05/06/2015 09:00 AM has been resulted as follows: Result: Rescheduled Reason: Not reached by Court Appeared: | |
| April 27, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 04/27/2015 02:00 PM has been resulted as follows: Result: Held as Scheduled Appeared: | |
| March 31, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 04/29/2015 02:00 PM has been resulted as follows: Result: Rescheduled Reason: By Court prior to date Appeared: | |
| March 05, 2015 | Docket Event | Endorsement on Motion to Prohibit Trial Evidence (#23.0): Other action taken Reserved for trial judge. Dated: March 5, 2015 | |
| February 24, 2015 | Docket Event | Defendant J. Fletcher Creamer & Son, Inc.'s Motion to prohibit trial evidence of unjust enrichment. | |
| February 24, 2015 | Docket Event | Event Result: The following event: Jury Trial scheduled for 03/02/2015 09:00 AM has been resulted as follows: Result: Rescheduled Reason: Request of Plaintiff Appeared: | |
| February 24, 2015 | Docket Event | Event Result: The following event: Final Trial Conference scheduled for 02/24/2015 02:00 PM has been resulted as follows: Result: Held as Scheduled Appeared: | |
| February 24, 2015 | Docket Event | Endorsement on Motion to continue trial scheduled for March 2, 2015 by the Plaintiff. (#22.0): ALLOWED After hearing. Plaintiff is injured and unable to appear in court. Motion is Unopposed. | |
| February 24, 2015 | Docket Event | Plaintiff(s) Federico Construction, Inc.'s Motion to Continue Trial Date scheduled for March 2, 2015. Filed in Court. | |
| February 23, 2015 | Docket Event | Endorsement on Motion to Prohibit Trial Evidence (#23.0): Other action taken Reserved for trial judge. Dated: March 5, 2015 Notices mailed 3/6/2015 | |
| November 24, 2014 | Docket Event | STIPULATION OF DISMISSAL AS TO CLAIMS RELATED TO RETAINAGE: The Plaintiff, Frederico Construction, Inc ("Federico"), Defendant J. Creamer ("Creamer, and Reach and Apply Defendant, City of Woburn ("City") each by counsel hereby stipulate that (1) Count V asserted by Federico in its Complaint against the City, (ii) Crossclaim 1 by Creamer against the City as to retainage and (iii) counterclaims 1 through V by Creamer against Federico based on the withholding of retainage are each and all hereby dismissed with prejudice without costs, all parties waiving all rights of appeal. All other claims by Federico against any Defendant continue in full force and effect and the City of Woburn in no longer a party in this action. | |
| October 14, 2014 | Docket Event | Joint pre-trial memorandum filed in court. | |
| September 05, 2014 | Docket Event | Motion (P#19) The within motion is hereby allowed by consent. (Kenneth V. Desmond Jr., Justice). Notices mailed 9/5/2014 | |
| September 02, 2014 | Docket Event | JOINT Motion to postpone October 9, 2014 Pretrial Conference By One Day or any other short period. | |
| August 27, 2014 | Docket Event | Motion (P#18) The within motion is hereby allowed by consent. (Kenneth V. Desmond Jr., Justice). Notices mailed 8/28/2014 | |
| August 25, 2014 | Docket Event | JOINT Motion to postpone August 27, 2014 Pretrial Thirty days | |
| July 28, 2014 | Docket Event | ANSWER by Safeco Insurance Company Of America, Liberty Mutual Surety to COMPLAINT (claim of trial by jury reqstd) | |
| July 22, 2014 | Docket Event | ANSWER by City of Woburn to CROSSCLAIM of J Fletcher Creamer & Sons | |
| July 22, 2014 | Docket Event | Motion (P#14) ALLOWED. Dated: July 18, 2014 (Kenneth V. Desmond Jr., Justice) Notices mailed 7/22/2014 | |
| July 16, 2014 | Docket Event | CROSSCLAIM of J. Fletcher Creamer & Son, Inc. v City of Woburn | |
| July 16, 2014 | Docket Event | COUNTERCLAIM of J. Fletcher Creamer & Son, Inc. v Federico Construction, Inc. | |
| July 16, 2014 | Docket Event | ANSWER by J. Fletcher Creamer & Son, Inc. to COMPLAINT (claim of trial by jury reqstd)crossclaim & Counterclaim | |
| July 16, 2014 | Docket Event | Defendants Safeco Insurance Company of America and Liberty Mutual Surety's Assented to MOTION to vacate default and for related relief. | |
| June 16, 2014 | Docket Event | Motion (P#9) DENIED after hearing. If J. Fletcher Creamer & Son, Inc. Wanted to litigate this case in a New Jersey court, it should have raised the issue in April 2012, when it moved to vacate the default. A Massachusetts Court can apply New Jersey law to the merits of Plaintiff's claims which would give the movant the reasonable benefit of its contact with plaintiff. Dated: June 13, 2014 (Robert L. Ullmann, Justice) Notices mailed 6/16/2014 | |
| June 04, 2014 | Docket Event | Hearing on (P#9) held, matter taken under advisement. (Robert L. Ullmann, Justice) | |
| April 01, 2014 | Docket Event | Request for hearing on motion to dismiss based on improper venue, filed by J. Fletcher Creamer & Son, Inc. | |
| October 18, 2013 | Docket Event | Status Report filed by J. Fletcher Creamer & Son, Inc.. | |
| June 05, 2013 | Docket Event | Motion (P#9) Mediation not conducted due to plaintiff's personal issues. At the request of plaintiff mediation to be conducted by July 9, 2013 or the matter stands dismissed. (Kenneth V. Desmond, Justice). Notices mailed 6/5/2013 | |
| June 04, 2013 | Docket Event | Court received: Defendant Status Report | |
| April 04, 2013 | Docket Event | Motion (P#9) Motion to Enforce Mediation Allowed by Agreement. Motion to Dismiss Stayed pending Mediation. Review Status June 5, 2013. (Kenneth V. Desmond, Justice). Notices mailed 4/4/2013 | |
| December 06, 2012 | Docket Event | Motion (P#10) The motion to dismiss must be decided based upon the allegation in the complaint. The defendant may file the affidavit but the court will not look beyond the complaint in considering the motion. Dated: December 5, 2012 (Mitchell H. Kaplan, Justice). Notices mailed 12/6/2012 | |
| December 04, 2012 | Docket Event | Court received Letter from Attorney Andrew W. Daniels, counsel for the defendants dated November 26, 2012, requesting leave to file the enclosed Affidavit of Joseph T. Walsh to address statements contained in the Federico Affidavit. | |
| November 08, 2012 | Docket Event | Defendant J. Fletcher Creamer & Son, Inc.'s MOTION to Dismiss (MRCP 12b) Complaint of Federico Construction, Inc.; Memorandum in support of; Affidavit of Richard D. McLaughlin, Esq. in support of; Opposition of Plaintiff to the Motion to dismiss of the defendant, J.Fletcher Creamer & Son, Inc; Affidavit of Richard Federico in support of Plff's opposition; Plff's Request for Oral Hearing. | |
| May 15, 2012 | Docket Event | Defendant J. Fletcher Creamer & Son, Inc.'s Notice of intent to file motion to dismiss | |
| April 05, 2012 | Docket Event |
Motion (P#8) The within motion is hereby ALLOWED by consent of plaintiff and defendant J. Fletcher Creamer & Son, Inc. (Christine M\. McEvoy, Justice, Dated: 4/4/2012) Notices mailed 4/5/2012
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| April 03, 2012 | Docket Event | Deft, J. Fletcher Creamer & Son, Inc.'s with the assent of Plff, Motion to Vacate Default and for Related Relief. | |
| February 09, 2012 | Docket Event | Case status changed to 'Needs damage assessment scheduled' at answer deadline review | |
| February 09, 2012 | Docket Event | Default re: J. Fletcher Creamer & Son, Inc.; Safeco Insurance Company Of America; Liberty Mutual Surety (no answer by 1-88 deadline); Pltf directed to move for appropriate judgement by 03/10/2012. Copies mailed. | |
| January 18, 2012 | Docket Event | Case status changed to 'Needs review for answers' at service deadline review | |
| October 24, 2011 | Docket Event | SERVICE RETURNED: J. Fletcher Creamer & Son, Inc.(Defendant) 10/4/11 by certified mail return receipt attached, 101 East Broadway, Hackensack, NJ 07601 | |
| October 24, 2011 | Docket Event | SERVICE RETURNED: Liberty Mutual Surety(Defendant) 10/11/11 by certified mail return receipt attached, 1001 4th Avenue, Suite 1700, Seattle, Washington, 98154 | |
| October 24, 2011 | Docket Event | SERVICE RETURNED: Safeco Insurance Company Of America(Defendant) 10/7/11 by certified mail return receipt attached, 1200 MacArthur Boulevard, Mahwah, NJ 07430 | |
| October 17, 2011 | Docket Event | ANSWER by rach and apply defendant City Of Woburn . to COMPLAINT (claim of trial by jury reqstd) | |
| October 13, 2011 | Docket Event | SERVICE RETURNED: (reach and apply): City of Woburn, 10/7/11, in hand to William Campbell, agent, 10 Common Street, Woburn, MA 01801 | |
| September 30, 2011 | Docket Event | Origin 1, Type E09, Track A. | |
| September 30, 2011 | Docket Event | Complaint & civil action cover sheet filed |
