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For the foregoing reasons, for the reasons outlined in the attached Memorandum, and such
further reasons as the Defendants/Plaintiffs-in-Counterclaim shall advance at oral argument, the
Defendants/Plaintiffs-in-Counterclaim respectfully request that the Court grant the Motion for
Joinder of the above-named necessary party.
Respectfully Submitted
By Kevin Keefe
By his attorney
Nh ~_\S
Daniel J. Ciccariello
Law Office of Daniel Ciccariello
140 Wood Road, Suite 400
Braintree, MA 02184
617-770-9901
dciccariello@juno.com
CERTIFICATION OF SERVICE
I, Daniel J. Ciccariello, hereby certify that on June 30, 2020, I sent via U. S. Postal Service or via
email, the above attached DEFENDANT’S MOTION FOR JOINDER OF NECESSARY
PARTY to:
Harvey B. Heafitz, Esq.
Davagian Grillo & Semple, LLP
365 Boston Post Road, Suite 200
Sudbury, MA 01776
Daniel J. Ciccariello
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL DOCKET # 2084CV 00833G
KELLY CONTRACTING & SONS, INC.
PLAINTIFF
VS.
E-Filed 07/01/2021 (NJ)
KEVIN KEEFE, A/K/A KEVIN KEITH
DEFENDANT
DEFENDANT’S MOTION FOR JOINDER OF NECESSARY PARTY
NOW come the Defendant/Plaintiff-in-Counterclaim, and respectfully request that this
Honorable Court order the joinder of the below-named necessary party in the above-entitled
action per Massachusetts Rule of Civil Procedure 19(a).
Stanley Kelly is an adult individual who owns and operates, Kelly Construction &
Sons, Inc. with a stated address of 41 North Main Street, Avon, MA 02322.
Plaintiff, Kelly Construction & Sons, Inc. was hired by the Defendant to perform
demolition, rehabbing, repair or renovation of his residence at 59 Southbourne
Road, Jamaica Plain, MA.
The reasons therefore to add Stanley Kelly individually to this action are the following:
A Stanley Kelly, individually, made certain representations to the Defendant that the
Defendant alleges were not true and that the Defendant relied upon to his
determinant.
Stanley Kelly, individually, performed work at 59 Southbourne Road, Jamaica
Plain, MA about which the Defendant alleges was well below the standards in the
industry, requiring the Defendant to hire tradespeople in the future to fix.
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Stanley Kelly, individually, allegedly was responsible for not obtaining electrical
permits and responsible for closing up walls before plumbing and electrical
inspections could be completed by the Inspectional Services Department of City
of Boston, thus causing extensive costs for the Defendant to remove walls and
have the work inspected.
Stanley Kelly, individually, allegedly, was unfairly enriched by the poor and
substandard work he performed, causing damage to the Defendant.
Stanley Kelly’s material misrepresentations and poor workmanship constituted
acts or practices that are declared to be unfair, deceptive and unlawful under
Chapters 93A and 142A of the Massachusetts General Laws.
Stanley Kelly is not a party to this action, is subject to service of process, and is a
necessary party for a just and equitable adjudication of this controversy because in his absence
complete relief cannot be afforded among those already parties to this controversy.
The Plaintiff's complaint failed to name Stanley Kelly, individually as a party to the
underlying actions that created the dispute, which was brought forth in the complaint. Stanley
Kelly, allegedly, himself, made certain statements and performed particular acts of construction
that caused damage to the Defendant. Failure to add Stanley Kelly to the dispute would be unfair
to the Defendant as these issues could not be addressed. Further, judicial economy requires
joinder of Stanley Kelly as the Defendant has causes of action against him.
Defendants/Plaintiffs-in-Counterclaim have attached a Memorandum in support of this
Motion which lays out the factual underpinnings for this Motion and demonstrates the necessity
of joining the parties sought to be joined.
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For the foregoing reasons, for the reasons outlined in the attached Memorandum, and such further reasons as the Defendants/Plaintiffs-in-Counterclaim shall advance at oral argument, the Defendants/Plaintiffs-in-Counterclaim respectfully request that the Court grant the Motion for Joinder of the above-named necessary party. Respectfully Submitted By Kevin Keefe By his attorney Nh ~_\S Daniel J. Ciccariello Law Office of Daniel Ciccariello 140 Wood Road, Suite 400 Braintree, MA 02184 617-770-9901 dciccariello@juno.com CERTIFICATION OF SERVICE I, Daniel J. Ciccariello, hereby certify that on June 30, 2020, I sent via U. S. Postal Service or via email, the above attached DEFENDANT’S MOTION FOR JOINDER OF NECESSARY PARTY to: Harvey B. Heafitz, Esq. Davagian Grillo & Semple, LLP 365 Boston Post Road, Suite 200 Sudbury, MA 01776 Daniel J. Ciccariello COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL DOCKET # 2084CV 00833G KELLY CONTRACTING & SONS, INC. PLAINTIFF VS. E-Filed 07/01/2021 (NJ) KEVIN KEEFE, A/K/A KEVIN KEITH DEFENDANT DEFENDANT’S MOTION FOR JOINDER OF NECESSARY PARTY NOW come the Defendant/Plaintiff-in-Counterclaim, and respectfully request that this Honorable Court order the joinder of the below-named necessary party in the above-entitled action per Massachusetts Rule of Civil Procedure 19(a). Stanley Kelly is an adult individual who owns and operates, Kelly Construction & Sons, Inc. with a stated address of 41 North Main Street, Avon, MA 02322. Plaintiff, Kelly Construction & Sons, Inc. was hired by the Defendant to perform demolition, rehabbing, repair or renovation of his residence at 59 Southbourne Road, Jamaica Plain, MA. The reasons therefore to add Stanley Kelly individually to this action are the following: A Stanley Kelly, individually, made certain representations to the Defendant that the Defendant alleges were not true and that the Defendant relied upon to his determinant. Stanley Kelly, individually, performed work at 59 Southbourne Road, Jamaica Plain, MA about which the Defendant alleges was well below the standards in the industry, requiring the Defendant to hire tradespeople in the future to fix. 1 Stanley Kelly, individually, allegedly was responsible for not obtaining electrical permits and responsible for closing up walls before plumbing and electrical inspections could be completed by the Inspectional Services Department of City of Boston, thus causing extensive costs for the Defendant to remove walls and have the work inspected. Stanley Kelly, individually, allegedly, was unfairly enriched by the poor and substandard work he performed, causing damage to the Defendant. Stanley Kelly’s material misrepresentations and poor workmanship constituted acts or practices that are declared to be unfair, deceptive and unlawful under Chapters 93A and 142A of the Massachusetts General Laws. Stanley Kelly is not a party to this action, is subject to service of process, and is a necessary party for a just and equitable adjudication of this controversy because in his absence complete relief cannot be afforded among those already parties to this controversy. The Plaintiff's complaint failed to name Stanley Kelly, individually as a party to the underlying actions that created the dispute, which was brought forth in the complaint. Stanley Kelly, allegedly, himself, made certain statements and performed particular acts of construction that caused damage to the Defendant. Failure to add Stanley Kelly to the dispute would be unfair to the Defendant as these issues could not be addressed. Further, judicial economy requires joinder of Stanley Kelly as the Defendant has causes of action against him. Defendants/Plaintiffs-in-Counterclaim have attached a Memorandum in support of this Motion which lays out the factual underpinnings for this Motion and demonstrates the necessity of joining the parties sought to be joined.