On March 15, 2021 a
Motion-Secondary
was filed
involving a dispute between
Berkshire Bank,
and
El Chaday, Inc.,
Jean, Yves Y.,
Jehovah Jureh, Inc,
for Contract / Business Cases
in the District Court of Middlesex County.
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l
—
b
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
CIVIL ACTION NO.: 2181
CV BAE
FEICE OF THE
col
FOR THE COUNTY OF OLESEX
RRR RRR RRR KK KRARRRR KKK RRR RRR
BERKSHIRE BANK APR 24 2023
Plaintiff Kile GE £O.
SEED
AFFIDAVIT OF CLERK
VS. COUNSEL IN SUPPORT
OF ASSESSMENT OF
ATTORNEY’S FEES
EL CHALDAY, INC.,
JEHOVAH JUREH, INC. and
YVES Y. JEAN
Defendants
RRR RRR RR RRR RR RRR RR KEK
I, Michael H. Theodore, being duly sworn on oath, do hereby depose and state as follows:
I am an attorney duly admitted to practice before the Courts of the Commonwealth of
Massachusetts.
Plaintiff retained the law firm of Cohn & Dussi, LLC (the “law firm”) to represent its
interest in the above-captioned case.
For professional services rendered from December 9, 2020, to the present day, the Law
Firm has specifically engaged in the following action on behalf of the Plaintiff:
Review of loan documents for multiple loans; conduct due diligence on obligors, assets and
UCCs; prepare verified complaint and motion for preliminary injunction 2.6 hours
Prepare civil action cover sheet, motions for special process server and for an order of notice;
assemble exhibits to Complaint and attend to filing of pleadings 0.8 hours
Communications with the clerk of court regarding scheduling of hearing; receipt and diary of
order of notice; email to process server regarding service of process on defendants
0.4 hours
Review officer’s returns of service and electronically file same with court 0.2 hours
Receipt of Zoom instructions from Clerk of the Court; prepare letter to serve on defendants
0.2 hours
Prepare for and attend hearing on preliminary injunction 2.2 hours
Review preliminary injunction entered by the court, communicate with special process server
regarding service of Order and email regarding same to client 0.2 hours
Review status of litigation and strategy; consider, prepare and file request for default
0.7 hours
Communication from Attorney Neyman; review docket regarding case status 0.2 hours
Review default order; prepare and file motion to assess damages and to enter final judgment
0.4 hours
Receipt and review of settlement offer through counsel; email to client 0.4 hours
Review case status; communication to the Clerk to ask that he schedule an assessment
hearing 0.2 hours
Follow up communication with Attorney Newyman regarding settlement negotiations; phone
conference with client regarding status 0.4 hours
Draft assessment affidavits and proposed final judgment 1.0 hours
Prepare for and attend hearing on entry of final judgment 2.7 hours
Research current address for Defendants 0.2 hours
Revise assessment affidavits and proposed final judgment 0.5 hours
Appearance at Superior Court for Assessment of Damages Hearing (anticipated time)
1.0 hours
Total hours expended 14.3 hours
FEE = 14.3 Hours X 315.00/hour = $4,504.50)
Legal Expenses = $747.02
TOTAL DUE $5,251.52
The hourly rate charged by Cohn & Dussi, LLC is $315.00 and said rate is fair and
reasonable given the Law Firm's experience, knowledge and recognized competence in the
areas of law for which the services were rendered. Furthermore, such hourly rates are
consistent with and comparable to the prevailing rates of the general legal community.
The time expended, services rendered and overall fees charges are fair, reasonable and
necessary in light of the legal issues raised, nature of the case and specific matters to be
addressed therein.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 18" DAY OF APRIL
2023.
/s/ Michael H. Theodore
Michael H. Theodore, Esq., BBO #565098
COHN & DUSSI, LLC
68 Harrison Avenue, Suite 502
Boston, MA 02111
(781) 494-0200
Document Filed Date
April 24, 2023
Case Filing Date
March 15, 2021
Category
Contract / Business Cases
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l — b COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT CIVIL ACTION NO.: 2181 CV BAE FEICE OF THE col FOR THE COUNTY OF OLESEX RRR RRR RRR KK KRARRRR KKK RRR RRR BERKSHIRE BANK APR 24 2023 Plaintiff Kile GE £O. SEED AFFIDAVIT OF CLERK VS. COUNSEL IN SUPPORT OF ASSESSMENT OF ATTORNEY’S FEES EL CHALDAY, INC., JEHOVAH JUREH, INC. and YVES Y. JEAN Defendants RRR RRR RR RRR RR RRR RR KEK I, Michael H. Theodore, being duly sworn on oath, do hereby depose and state as follows: I am an attorney duly admitted to practice before the Courts of the Commonwealth of Massachusetts. Plaintiff retained the law firm of Cohn & Dussi, LLC (the “law firm”) to represent its interest in the above-captioned case. For professional services rendered from December 9, 2020, to the present day, the Law Firm has specifically engaged in the following action on behalf of the Plaintiff: Review of loan documents for multiple loans; conduct due diligence on obligors, assets and UCCs; prepare verified complaint and motion for preliminary injunction 2.6 hours Prepare civil action cover sheet, motions for special process server and for an order of notice; assemble exhibits to Complaint and attend to filing of pleadings 0.8 hours Communications with the clerk of court regarding scheduling of hearing; receipt and diary of order of notice; email to process server regarding service of process on defendants 0.4 hours Review officer’s returns of service and electronically file same with court 0.2 hours Receipt of Zoom instructions from Clerk of the Court; prepare letter to serve on defendants 0.2 hours Prepare for and attend hearing on preliminary injunction 2.2 hours Review preliminary injunction entered by the court, communicate with special process server regarding service of Order and email regarding same to client 0.2 hours Review status of litigation and strategy; consider, prepare and file request for default 0.7 hours Communication from Attorney Neyman; review docket regarding case status 0.2 hours Review default order; prepare and file motion to assess damages and to enter final judgment 0.4 hours Receipt and review of settlement offer through counsel; email to client 0.4 hours Review case status; communication to the Clerk to ask that he schedule an assessment hearing 0.2 hours Follow up communication with Attorney Newyman regarding settlement negotiations; phone conference with client regarding status 0.4 hours Draft assessment affidavits and proposed final judgment 1.0 hours Prepare for and attend hearing on entry of final judgment 2.7 hours Research current address for Defendants 0.2 hours Revise assessment affidavits and proposed final judgment 0.5 hours Appearance at Superior Court for Assessment of Damages Hearing (anticipated time) 1.0 hours Total hours expended 14.3 hours FEE = 14.3 Hours X 315.00/hour = $4,504.50) Legal Expenses = $747.02 TOTAL DUE $5,251.52 The hourly rate charged by Cohn & Dussi, LLC is $315.00 and said rate is fair and reasonable given the Law Firm's experience, knowledge and recognized competence in the areas of law for which the services were rendered. Furthermore, such hourly rates are consistent with and comparable to the prevailing rates of the general legal community. The time expended, services rendered and overall fees charges are fair, reasonable and necessary in light of the legal issues raised, nature of the case and specific matters to be addressed therein. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 18" DAY OF APRIL 2023. /s/ Michael H. Theodore Michael H. Theodore, Esq., BBO #565098 COHN & DUSSI, LLC 68 Harrison Avenue, Suite 502 Boston, MA 02111 (781) 494-0200