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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
CIVIL ACTION NO.: 2181CV00576
HRRRARRERARKRKAR
KERR RRR
BERKSHIRE BANK
Plaintiff
VS. FINAL JUDGMENT
and
PERMANENT
EL CHALDAY, INC., INJUNCTION
JEHOVAH JUREH, INC. and
YVES Y. JEAN
Defendants
RARER RRA R EER RRR EK RRR RR REE
After notice and hearing thereon, and in due consideration of the Affidavits filed by
Plaintiff, Berkshire Bank, successor-in-interest to Commerce Bank & Trust Company
(hereinafter the “Plaintiff’) in support of its Motion to Assess Damages and to Enter Final
Judgment, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1 That Final Judgment is hereby entered, pursuant to Counts I and II of Plaintiff's
Verified Complaint, in favor of the Plaintiff and against the Defendants, El
Chalday, Inc. and Yves Y. Jean, jointly severally, in the amount of $258,827.92;
That Final Judgment is hereby entered, pursuant to Counts III and IV of
Plaintiff's Verified Complaint, in favor of the Plaintiff and against the
Defendants, Jehovah Jureh, Inc. and Yves Y. Jean, jointly severally, in the
amount of $252,963.21;
That Plaintiff is awarded reasonable attorney’s fees in the amount of $3,591.00
and legal expenses in the amount of $747.02;
That the Defendant, El Chalday, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is permanently restrained and enjoined from using, concealing,
hypothecating or transferring in any way their hackney carriage license
evidenced by a certain medallion issued by the Boston Police Commissioner of
the City of Boston, numbered 1075 for the year 2014, and all renewals thereof
(the “El Chalday Medallion”) unless otherwise expressly granted in writing by
Plaintiff;
That the Defendant, El Chladay, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is ordered to refrain from interfering with the Plaintiff's right to
remove, repossess and liquidate the El Chalday Medallion unless otherwise
expressly granted in writing by Plaintiff; and
That the Defendant, El Chalday, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is ordered to deliver the Medallion to Boston Police Department,
Hackney Carriage Division, One Schroeder Place, Boston, MA 02120, or
otherwise deliver the Medallion to the Plaintiff, unless otherwise expressly
authorized by Plaintiff in writing.
That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is permanently restrained and enjoined from using, concealing,
hypothecating or transferring in any way their hackney carriage license
evidenced by a certain medallion issued by the Boston Police Commissioner of
the City of Boston, numbered 1825 for the year 2014, and all renewals thereof
(the “Jehovah Jureh Medallion”) unless otherwise expressly granted in writing
by Plaintiff;
That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is ordered to refrain from interfering with the Plaintiff's right to
remove, repossess and liquidate the Jehovah Jureh Medallion unless otherwise
expressly granted in writing by Plaintiff; and
That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders,
members, managers, agents, servants, employees, and those acting in concert
with them, is ordered to deliver the Medallion to Boston Police Department,
Hackney Carriage Division, One Schroeder Place, Boston, MA 02120, or
otherwise deliver the Medallion to the Plaintiff, unless otherwise expressly
authorized by Plaintiff in writing.
By the Court
Date:
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COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT CIVIL ACTION NO.: 2181CV00576 HRRRARRERARKRKAR KERR RRR BERKSHIRE BANK Plaintiff VS. FINAL JUDGMENT and PERMANENT EL CHALDAY, INC., INJUNCTION JEHOVAH JUREH, INC. and YVES Y. JEAN Defendants RARER RRA R EER RRR EK RRR RR REE After notice and hearing thereon, and in due consideration of the Affidavits filed by Plaintiff, Berkshire Bank, successor-in-interest to Commerce Bank & Trust Company (hereinafter the “Plaintiff’) in support of its Motion to Assess Damages and to Enter Final Judgment, it is hereby ORDERED, ADJUDGED AND DECREED as follows: 1 That Final Judgment is hereby entered, pursuant to Counts I and II of Plaintiff's Verified Complaint, in favor of the Plaintiff and against the Defendants, El Chalday, Inc. and Yves Y. Jean, jointly severally, in the amount of $258,827.92; That Final Judgment is hereby entered, pursuant to Counts III and IV of Plaintiff's Verified Complaint, in favor of the Plaintiff and against the Defendants, Jehovah Jureh, Inc. and Yves Y. Jean, jointly severally, in the amount of $252,963.21; That Plaintiff is awarded reasonable attorney’s fees in the amount of $3,591.00 and legal expenses in the amount of $747.02; That the Defendant, El Chalday, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is permanently restrained and enjoined from using, concealing, hypothecating or transferring in any way their hackney carriage license evidenced by a certain medallion issued by the Boston Police Commissioner of the City of Boston, numbered 1075 for the year 2014, and all renewals thereof (the “El Chalday Medallion”) unless otherwise expressly granted in writing by Plaintiff; That the Defendant, El Chladay, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to refrain from interfering with the Plaintiff's right to remove, repossess and liquidate the El Chalday Medallion unless otherwise expressly granted in writing by Plaintiff; and That the Defendant, El Chalday, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to deliver the Medallion to Boston Police Department, Hackney Carriage Division, One Schroeder Place, Boston, MA 02120, or otherwise deliver the Medallion to the Plaintiff, unless otherwise expressly authorized by Plaintiff in writing. That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is permanently restrained and enjoined from using, concealing, hypothecating or transferring in any way their hackney carriage license evidenced by a certain medallion issued by the Boston Police Commissioner of the City of Boston, numbered 1825 for the year 2014, and all renewals thereof (the “Jehovah Jureh Medallion”) unless otherwise expressly granted in writing by Plaintiff; That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to refrain from interfering with the Plaintiff's right to remove, repossess and liquidate the Jehovah Jureh Medallion unless otherwise expressly granted in writing by Plaintiff; and That the Defendant, Jehovah Jureh, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to deliver the Medallion to Boston Police Department, Hackney Carriage Division, One Schroeder Place, Boston, MA 02120, or otherwise deliver the Medallion to the Plaintiff, unless otherwise expressly authorized by Plaintiff in writing. By the Court Date: