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Sika Corporation v Associates Roofing Inc et al
On January 08, 2014 a goods sold and delivered case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Norfolk County, MA.
Case Details
Case Number
Filing Date
January 08, 2014
Last Refreshed
April 10, 2021
Filing Location
Norfolk County, MA
Category
Contract / Business Cases
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Dismissal
Parties
Plaintiffs
Sika Corporation
Attorneys for Plaintiffs
Fliegauf, Esq., Kurt Baran
Conn, Esq., Russell F
Defendants
Arw Roofing Inc
Burlingame, Glen
Gurdak, Michael
Associates Roofing Inc
Other Parties
Arw Roofing Inc
(Other Interested Party)
Associates Roofing & Waterproofing Co
(Other Interested Party)
Associates Roofing Inc
(Other Interested Party)
Burlingame, Glen
(Other Interested Party)
Gurdak, Michael
(Other Interested Party)
Melei, Esq., Sam
(Other Interested Party)
Case Events
| Date | Type | Description | |
|---|---|---|---|
| January 27, 2014 | Docket Event | (amended)Execution issued to Kurt B. Fliegauf, Esq. at Conn Kavanaugh Rosenthal Peisch & Ford, LLP; 10 Post Office Sq. Boston, MA. 02109; Damages $2,061,964.17; Pre Judgment interest $244,915.33; Attys fees and costs $114,515.40; Post judgment interest $41,970.80 for a Total of $2,463,365.70 | |
| January 27, 2014 | Docket Event | Execution returned (unserved) | |
| January 21, 2014 | Docket Event | Execution issued to Kurt B. Fliegauf, Esq. at Conn Kavanaugh Rosenthal Peisch & Ford, LLP; 10 Post Office Sq. Boston, MA. 02109; Damages $2,061,964.17; Pre Judgment interest $244,915.33; Attys fees and costs $114,515.40; Post judgment interest $37,128.02 for a Total of $2,458,522.92 | |
| January 10, 2014 | Docket Event | Original of p#47.0 Plff's Request for execution received | |
| January 08, 2014 | Docket Event | Plaintiff's Request for an Execution (emailed) | |
| December 05, 2013 | Docket Event | Judgment as follows: Final Judgment shall enter in favor of Sika Corporation and against Associates Roofing, Inc., Michael Gurdak, ARW Roofing, Inc. and Associates Roofing and Waterproofing Company on Counts Five, Six, Eight and Ten of the Amended Complaint. The judgment shall enter jointly and severally against Associates Roofing, Inc., Michael Gurdak, ARW Roofing, Inc. and Associates Roofing and Waterproofing in the total principal amount of $2,176,479.57. Said judgment to enter reflects actual Damages on account of fraud in the sum of $687,321.39, the trebling of said actual fraud Damages pursuant to G.L.c. 93A to $2,061,964.17, and the award of attorneys' fees and costs pursuant to G.L.c. 93A in the amount of $114,515.40. The Order entered by this Court on May 24, 2011, a copy of which is attached hereto and incorporated herein, granting Sika Corporation certain pre-judgment security, shall enter as a permanent inunction as against Associates Roofing, Inc., Michael Gurdak, ARW Roofing, Inc., and Associates Roofing and Waterproofing Company. The Clerk's office shall add to the judgment pre-judgment interest. Said pre-judgment interest shall run from the date of the filing of the original complaint on December 16, 2010 at the statutory rate of 12% per annum until judgment enters, in a manner consistent with Massachusetts law. At the request of Sika Corporation, all other claims are dismissed without prejudice. (Raymond J. Brassard, Associate Justice) dated December 4, 2013 Copies mailed 12/5/2013 | |
| December 04, 2013 | Docket Event | Court received confirming Notice of Assessment that Plff. served on all parties (requested by the Judge) | |
| November 25, 2013 | Docket Event | Factual Findings "....Sika has incurred reasonable Attorneys' fees and costs in this action in the sum of $114,515.40. This sum should be added to Sika's Damages, for a total judgment in favor of Sika and against the defaulted defendants in the amount of $2,176,479.57 plus pre judgment insterest based on the underlying Damages of $687,321.39 from the filing date as calculated by the clerks office." (Raymond J. Brassard, Associate Justice) dated 11/20/2013 | |
| November 25, 2013 | Docket Event | Affidavit of Kurt B. Fliegauf concerning Attorneys' Fees | |
| November 25, 2013 | Docket Event | Affidavit of Kurt Fliegauf, Esq. | |
| November 25, 2013 | Docket Event | Affidavit of Kurt B. Fliegauf concerning defaulted parties includes Infancy / Military /Competancy. (Rec. 11/20/2013) | |
| November 21, 2013 | Docket Event | Plff's notice of assessment of Damages hearing to defts (re'cd11/18/13) | |
| October 21, 2013 | Docket Event | Notice sent out for hearing on Assessment of Damages for Wednesday, November 20, 2013 at 2:00 PM, Judge Brassard Presiding, Court Room 20 | |
| September 30, 2013 | Docket Event | Notice of filing and listing of documents filed | |
| September 30, 2013 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. | |
| September 30, 2013 | Docket Event | Plaintiff Sika Corporation's MOTION for Assessment of Damages hearing and the entry of separate and final judgment | |
| July 10, 2013 | Docket Event | Motion (P#37.0) Allowed;Deft Associates Roofing, Inc is defaulted in Counts V and VIII ONLY (Kelley Brown, Associate Justice) (dated;6/26/13)Notices mailed 7/10/2013 | |
| June 25, 2013 | Docket Event | Notice of filing and listing of documents filed (rec'd 6/24/13) | |
| June 25, 2013 | Docket Event | Affidavit of compliance with Superior Court Rule 9A (rec'd 6/24/13) | |
| June 25, 2013 | Docket Event | Plaintiff's application to defaullt Associates Roofing, Inc (rec'd 6/24/13) | |
| May 16, 2013 | Docket Event | Pleading, Plff's. Application to Default Associates Roofing, Inc. , returned to Kurt B. Fliegauf, Esq., for/or Sika Corporation.: Rule 9A Affidavit required. | |
| April 18, 2013 | Docket Event | Plff. Sika Corporation's Application for Assessment of Damages Hearing and Entry of Default Judgment (Rec'd. 4/16/2013) | |
| March 18, 2013 | Docket Event | Pleading, Rule 9a Certificate of no-opposition as to application for default, returned to Kurt B. Fliegauf, Esq., for/or Sika Corporation.: Motion package was re-submitted on March 11,2013 | |
| March 12, 2013 | Docket Event | Application (P#35.0) No opposition having been filed, Defendant, Michael Gurdak is defaulted as to Counts VI and VIII (deceit/fraud/intentional misrepresentation and 93A) (Joseph M. Walker, III, Associate Justice) dated March 11, 2013 Notices mailed 3/12/2013 | |
| March 11, 2013 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. | |
| March 11, 2013 | Docket Event | Plaintiff Sika Corporation's MOTION for default order against Michael Gurdak on Fraud/93A claims only | |
| February 20, 2013 | Docket Event | Return of Status Notice by Atty. Kurt B. Fliegauf - On December 16, 2010, Sika filed its original complaint. the original complaint names as defendants Associates Roofing, Inc., Michael Gurdak and Glen Burlingame. On May 24, 2011 , Sika filed an amended complaint. The amended complaint added as defendants ARW Roofing, Inc. and Associates Roofing and Waterproofing Company. On September 27, 20111 and July 31, 2012 respectively, Associates Roofing, Inc. and Glen Burlingame filed for bankruptcy. Accordingly, the automatic stay is in effect as to the claims against those defendants. On June 5, 2012, ARW Roofing, Inc. and Associates Roofing and Waterproofing Company were defaulted by the Court. On November 28,2012, Sika filed a motion to compel Michael Gurdak to attend his deposition. That motion was allowed. Mr. Gurdak did not thereafter appear for his deposition. On December 3,2 012, Sika served an application for default against Mr. Gurdak. The application for default was not opposed, and is being filed simultaneously with this status report. If and when Sika's application for default against Mr. Gurdak is allowed, then an assessment of Damages hearing should be scheduled to allow Sika to establish its Damages as against ARW Roofing, Inc., Associates Roofing and Waterproofing Company and Michael Gurdak (rec'd 2/14/13) | |
| February 14, 2013 | Docket Event | Pleading, Plff's application for default, returned to Kurt B. Fliegauf, Esq., for/or Sika Corporation.: per our conversation resubmitting | |
| January 23, 2013 | Docket Event | Notice sent: of status review with a return date of Feb. 15, 2013 ( Walker, J.) cs | |
| November 28, 2012 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. | |
| November 28, 2012 | Docket Event | Plaintiff's motion to compel Michael Gurdak to attend his deposition | |
| November 27, 2012 | Docket Event | Motion (P#31.0) Allowed, without opposition. (Kenneth W. Salinger, Associate Justice). Notices mailed 11/27/2012 | |
| November 26, 2012 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. (FAXED COPY) | |
| November 26, 2012 | Docket Event | Plaintiff Sika Corporation's (Emergency) MOTION to Compel Michael Guradak to attend his deposition (faxed copy) | |
| September 26, 2012 | Docket Event | Notice of filing | |
| September 26, 2012 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. | |
| September 26, 2012 | Docket Event | Affidavit of Gary Dadekian | |
| September 26, 2012 | Docket Event | Affidavit of Kurt B Fliegauf(rec'd9/26/12) | |
| September 26, 2012 | Docket Event | Plaintiff Sika Corporation's MOTION for judgment of default against ARW Roofing Inc and Associates Roofing and Waterproofing Company | |
| June 05, 2012 | Docket Event | Application to default (P#29.0) ALLOWED (Barbara A. Dortch-Okara, Associate Justice) dated June 4, 2012 Notices mailed 6/5/2012 | |
| June 05, 2012 | Docket Event | Plff's application to default ARW Roofing, Inc. and Associates Roofing and Waterproofing Company | |
| May 02, 2012 | Docket Event | Motion (P#28.0) Allowed, however, the corporate defendants shall be defaulted if no appearance of counsel is filed with twenty (20) days of this date. (Barbara A. Dortch-Okara, Associate Justice) dated 5/1/2012. Notices mailed 5/2/2012 | |
| April 18, 2012 | Docket Event | Motion (P#26.5) ALLOWED. Defendants shall produce all responsive documents without objection within 14 days of this date. (Barbara A. Dortch-Okara, Associate Justice) dated April 17, 2012 Notices mailed 4/18/2012 | |
| April 18, 2012 | Docket Event | Motion (P#26.3) DENIED (Barbara A. Dortch-Okara, Associate Justice) dated April 17, 2012 Notices mailed 4/18/2012 | |
| April 18, 2012 | Docket Event | Motion (P#26.0) ALLOWED. Defendants Gurdak and Burlingame shall produce all responsive documents without objection within 14 days of this date. (Barbara A. Dortch-Okara, Associate Justice) dated April 17, 2012 Notices mailed 4/18/2012 | |
| April 13, 2012 | Docket Event | Document List | |
| April 13, 2012 | Docket Event | Notice of Filing | |
| April 13, 2012 | Docket Event | Plff. Sika Corporation's Opposition | |
| April 13, 2012 | Docket Event | Attorneys, Keith L Sachs and Max R. Engelhardt's MOTION to withdraw as counsel of record for Associates Roofing Inc, Michael Gurdak, Glen Burlingame, ARW Roofing, Inc. and Associates Roofing And Waterproofing Company | |
| April 11, 2012 | Docket Event | Original of P#26.3 | |
| April 10, 2012 | Docket Event | Docuoment List | |
| April 10, 2012 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. | |
| April 10, 2012 | Docket Event | Plff's. Memorandum in support | |
| April 10, 2012 | Docket Event | Plaintiff Sika Corporation's MOTION to compel Defts. to provide all documents responsive to Sika's Second Request for the Production of Documents and Certificate of Compliance 9 C | |
| April 10, 2012 | Docket Event | Plff. Sika Corporation's Opposition to Defts. Gurdak's, Burlingame's and Associate Roofing, Inc.'s Motion to Stay Plff's Motion to Compel Production of Documents | |
| April 10, 2012 | Docket Event | Defendant Michael Gurdak, Glen Brlingame's MOTION to stay Plff's. Motion to Compel Production of Documents (faxed copy) | |
| April 10, 2012 | Docket Event | Defts. Michael Gurkak's, Glen Burlingame's and Associates Roofing, Inc.'s Opposition | |
| April 10, 2012 | Docket Event | Plff's. Memorandum in support | |
| April 10, 2012 | Docket Event | Plaintiff Sika Corporation's Motion to Compel Production of Documents and Certificate of Compliance, Rule 9C | |
| January 09, 2012 | Docket Event | Motion (P#25.0) ALLOWED by assent. Discovery deadline is extended up to and including May 11, 2012; Rule 56 service deadline is extended up to and including June 12, 2012; Rule 56 filing deadline is extended up to and including July 12, 2012 and pretrial conference is to be scheduled August, 2012. (John P. Connor, Jr., Associate Justice) dated January 9, 2012 Notices mailed 1/9/2012 | |
| January 09, 2012 | Docket Event | Joint MOTION to enlarge tracking order by 120 days | |
| October 13, 2011 | Docket Event | ANSWER (amended complaint): ARW Roofing Inc (Defendant) and jury demand | |
| October 13, 2011 | Docket Event | ANSWER (amended complaint): Associates Roofing and Waterproofing Company (Defendant) and jury demand | |
| October 03, 2011 | Docket Event | Defendants Michael Gurdak's and Glen Burlingame's answer to Plaintiff's amended complaint and jury claim - f traking order sent/revised | |
| September 28, 2011 | Docket Event | SERVICE RETURNED: delivered to Glen A. Burlingame, person autorized to accept service as agent for Associates Roofing and Waterproofing s/o 9/20/11 (rec'd 9/27/11) see service | |
| September 28, 2011 | Docket Event | SERVICE RETURNED (summons): delivered to Laura A Pietrowiak, person authorized to accept service for ARW Roofing, Inc s/o 9/20/11 - see service (rec'd 9/27/11) | |
| September 27, 2011 | Docket Event | Defendant Associates Roofing, Inc's suggestion of bankruptcy | |
| September 12, 2011 | Docket Event | Motion (P#18.0) Allowed pursuant to Rule 9A review, there being no opposition filed; Discovery is extendedt to 01/12/12; R. 56 service deadline is extended to 02/12/11 and the R. 56 filing deadline is extended to 03/12/12; Final Pre Trial conference shall be scheduled in May 2012. (John P. Connor, Jr, Associate Justice). Notices mailed 09/12/2011 | |
| September 12, 2011 | Docket Event | Notice of Filing/Document List (Rec'd. 9/9/2011) | |
| September 12, 2011 | Docket Event | Affidavit of compliance with Superior Court Rule 9A. (Rec'd. 9/09/2011) | |
| September 12, 2011 | Docket Event | Plaintiff Sika Corporation's MOTION to amend tracking deadlines (Rec'd. 9/9/2011) | |
| September 09, 2011 | Docket Event | Motion (P#17.0) ALLOWED (John P. Connor, Jr, Associate Justice) dated September 8, 2011 Notices mailed 9/9/2011 | |
| September 08, 2011 | Docket Event | Plaintiff Sika Corporation's Assented to MOTION for enlargement of time to make service on ARW Roofing Inc and Associates Roofing and Waterproofing Co and Assented to motion to specially appoint Illinois Process server to make service , | |
| September 06, 2011 | Docket Event | Joint return of status notice sent by Atty. Kurt B. Fliegauf - ... as part of the Motion for pre-judgment security, the plaintiff was allowed to file an amended complaint to add two new defendants(ARW Roofing, Inc. and Associates Roofing and Waterproofing Company). The amended complaint was filed on May 24, 2011. The parties informally agreed to stay the litigation to allow defendants' counsel time to determine whether he properly could represent all the defendants. That issue recently was resolved in the affirmative, and defense counsel is representing all the defendants. Mr. Gurdak and Mr. Burlingame have yet to file an answer to the amended complaint. They will do so shortly. Associates Roofing, Inc. has filed an answer to the original complaint, but not to the amended complaint. It will file an answer to the amended complaint shortly as well. Defts' counsel has agreed to accept service on behalf of ARW Roofing, Inc. and Associates Roofing and Waterproofing Company. The returns of service, executed by defts' counsel will be filed with the Court shortly. ARW Roofing Inc and Associates Roofing and Waterproofing Company thereafter will answer the amended complaint. The parties are beginning to engage in discovery. The current discovery deadline is October 12, 2011, and the parties anticipate that a 6 month enlargement of the tracking order deadlines may be requried. The parties herein jointly request that the Court allow such an enlargement (the parties will formally request such an elargement in a separate motion if the Court so desires). rec'd 8/15/11 | |
| August 08, 2011 | Docket Event | Notice sent: of Status review with a return date of August 26, 2011 ( Connor, J.) cs | |
| June 06, 2011 | Docket Event | Motion (P#7.0) DENIED after hearing. (Barbara A. Dortch-Okara, Associate Justice) dated June 3, 2011 Notices mailed 6/6/2011 | |
| June 02, 2011 | Docket Event | Hearing on (P#7.0) Defts, Michael Gurdak's and Glen Burlingame's Motion to dismiss for lack of jurisdiction over the person and motion in the alternative to dismiss held, matter taken under advisement. (Barbara A. Dortch-Okara, Associate Justice) | |
| May 24, 2011 | Docket Event | ORDER (Barbara A. Dortch-Okara, Associate Justice) datede May 19, 2011 | |
| May 24, 2011 | Docket Event | Motion (P#10.0) ALLOWED. See Order. (Barbara A. Dortch-Okara, Associate Justice) dated May 19, 2011 Notices mailed 5/24/2011 | |
| May 24, 2011 | Docket Event | Amended complaint of Sika Corporation and jury demand - Oral Motion to Amend is ALLOWED. (Barbara Dortch-Okara, Associate Justice) dated May 19, 2011 | |
| May 11, 2011 | Docket Event | Motion (P#10.0) O/N to issue under this motion ret. May 19, 2011 at 2:00 PM (Thomas Connors, Associate Justice). Notices mailed 5/11/2011 | |
| May 11, 2011 | Docket Event | Affidavit of Scott Krug | |
| May 11, 2011 | Docket Event | Affidavit of Kurt Fliegauf | |
| May 11, 2011 | Docket Event | Plaintiff's motion for pre-judgment security | |
| April 22, 2011 | Docket Event | Notice sent to appear on 6/2/2011 for a hearing on Defts Michael Gurdak's and Glen Burlingame's motion to dismiss for lack of jurisdiction over the person and motion in the alternative to dismiss(p#7.0)before Judge Dortch-Okara at 2:00pm | |
| April 22, 2011 | Docket Event | Case status changed to 'Needs status review' at service deadline review | |
| April 21, 2011 | Docket Event | Document List | |
| April 21, 2011 | Docket Event | Notice of Filing | |
| April 21, 2011 | Docket Event | Plff. Sika Corporation's Opposition to Michael Gurdak's and Glen Burlingame's Motion to Dismiss for Failure to State a Claim upon which relief may be granted | |
| April 21, 2011 | Docket Event | Affidavit of Gary Dadekian | |
| April 21, 2011 | Docket Event | Affidavit of Kristen Glasheen | |
| April 21, 2011 | Docket Event | Affidavit of Donna Flynn | |
| April 21, 2011 | Docket Event | Affidavit of Scott Krug | |
| April 21, 2011 | Docket Event | Affidavit of Brian J. Whelan | |
| April 21, 2011 | Docket Event | Affidavit of Kurt Fliegauf | |
| April 21, 2011 | Docket Event | Plff. Sika Corporation's Opposition | |
| April 21, 2011 | Docket Event | Affidavit of Glen A. Burlingame | |
| April 21, 2011 | Docket Event | Affidavit of Michael Gurdak | |
| April 21, 2011 | Docket Event | Defts'. Memorandum of Law | |
| April 21, 2011 | Docket Event | Defendants Michael Gurdak's and Glen Burlingame's MOTION to Dismiss (MRCP 12b) Complaint of Sika Corporation for lack of jurisdiction over the person and Motion in the alternative to dismiss | |
| March 18, 2011 | Docket Event | Defendant Michael Gurdak and Glen Burlingame Notice of intent to file motion to dismiss | |
| March 10, 2011 | Docket Event | ANSWER of Defendant, Associates Roofing Inc to complaint and jury claim - fast track notice sent to Defendant's attorney | |
| February 25, 2011 | Docket Event | Motion (P#3.0) ALLOWED (John P. Connor, Jr., Associate Justice) dated February 23, 2011 Notices mailed 2/25/2011 | |
| February 24, 2011 | Docket Event | Letter received from Andrew R. Dennington, Esq., counsel for plff, indicating there is no opposition to Plff's Motion for Nunc Pro Tunc Appointment of Special Process Service filed on 2/15/11 (fax) | |
| February 15, 2011 | Docket Event | Motion for nunc pro tunc appointment of special process server and acceptance and docketing of summons reflecting service of process made upon Defendants on January 28 and 29, 2011 | |
| February 11, 2011 | Docket Event | Pleading, summons showing service by appt for special process server returned to Andrew R. Dennington, Esq. A motion for appointment of special process server needs to be filed and allowed. | |
| December 21, 2010 | Docket Event | ONE TRIAL review by Clerk, Case is to remain in the Superior Court | |
| December 16, 2010 | Docket Event | Notice sent: fast track to plffs attorney | |
| December 16, 2010 | Docket Event | Civil action cover sheet filed | |
| December 16, 2010 | Docket Event | Origin 1, Type A02, Track F. | |
| December 16, 2010 | Docket Event | Complaint & jury claim filed $295.00 entry fee paid (Receipt Number 30449) |
