On March 16, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Urban, Justin,
and
Interstate Electrical Services Corp.,
Weston, Keith,
for Torts
in the District Court of Middlesex County.
Preview
7
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT (WOBURN)
C.A. NO.: 1781CV00814
JUSTIN URBAN )
Plaintiff )
) INTHE OFFICE OF THE
CLERK OF COURTS:
v. ) FORTHE COUNTY OF MIDDLESEX
)
KEITH WESTON AND ) JUN 2.42019
INTERSTATE ELECTRICAL )
SERVICES CORP. ) (erA \
Defendants ) OH
DEFENDANT INTERSTATE ELECTRICAL SERVICES CORP.’S
MOTION FOR A CAPIAS FOR ALEC JOHNSTON
NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., and
hereby request that this Honorable Court issue an order of capias to compel Alec D. Johnston
attendance at the trial of August 21, 2019, as reasons therefore the Defendants state as follows:
1. The defendants served a subpoena on Mr. Alec D. Johnston at his home at 10 Mission Place
Lowell MA 01852 to appear for a deposition on December 27, 2018, at the offices of
Boyle | Shaughnessy Law PC, 25 Braintree Hill Office Park, Suite 301, Braintree,
Massachusetts 02184. Exhibit A.
2. Mr. Johnston contacted defense counsel prior to the deposition informing counsel that he
did not have a car and would have difficulty attending the deposition.
3. Counsel agreed to reschedule the deposition to a location closer to the deponent, provided
Mr. Johnston would agree to appear sometime in the month of January for his deposition
to answer questions regarding his observations of the accident that is the subject of above
captioned matter, which Mr. Johnston agreed he would do.
{B0408318.1) 1
24. During a subsequent conversation with counsel, Mr. Johnston indicated that it was his
position that he was under no obligation to comply with the deposition subpoena and has
since avoided all attempts by counsel to reschedule the deposition.
5. Mr. Johnson has been completely unresponsive and, therefore, has failed to attend his
deposition.
6. Mr. Johnston is a percipient witness to this accident and his testimony is critical to a fair
trial.
WHEREFORE, the defendants respectfully request that this Court issue an Order of Capias
to Compel Alec Johnston’s attendance and to provide testimony at the trial of August 21, 2019. In
the alternative, the defendants request that the Court issue an Order compelling Alec Johnston to
attend a deposition at the office of Boyle | Shaughnessy Law PC, 25 Braintree Hill Office Park,
Suite 301, Braintree, Massachusetts 02184, or other mutually agreeable location, or be subject to
a warrant pursuant to G.L. c. 233 § 6, for failure to Comply with such Order.
THE DEFENDANTS,
KEITH WESTON AND
INTERSTATE ELECTRICAL SERVICES CORP.,
BY THEIR ATTORNEYS,
DATED: Z PB. EL Wg
Email: CBulger@boyleshaughnessy.com
Boyle | Shaughnessy Law PC
25 Braintree Hill Office Park, Suite 301
Braintree, MA 02184
Phone: (781) 428-4700
Fax: (781) 971-5991
(B0408318.1} 2
Document Filed Date
June 24, 2019
Case Filing Date
March 16, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
7 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT (WOBURN) C.A. NO.: 1781CV00814 JUSTIN URBAN ) Plaintiff ) ) INTHE OFFICE OF THE CLERK OF COURTS: v. ) FORTHE COUNTY OF MIDDLESEX ) KEITH WESTON AND ) JUN 2.42019 INTERSTATE ELECTRICAL ) SERVICES CORP. ) (erA \ Defendants ) OH DEFENDANT INTERSTATE ELECTRICAL SERVICES CORP.’S MOTION FOR A CAPIAS FOR ALEC JOHNSTON NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., and hereby request that this Honorable Court issue an order of capias to compel Alec D. Johnston attendance at the trial of August 21, 2019, as reasons therefore the Defendants state as follows: 1. The defendants served a subpoena on Mr. Alec D. Johnston at his home at 10 Mission Place Lowell MA 01852 to appear for a deposition on December 27, 2018, at the offices of Boyle | Shaughnessy Law PC, 25 Braintree Hill Office Park, Suite 301, Braintree, Massachusetts 02184. Exhibit A. 2. Mr. Johnston contacted defense counsel prior to the deposition informing counsel that he did not have a car and would have difficulty attending the deposition. 3. Counsel agreed to reschedule the deposition to a location closer to the deponent, provided Mr. Johnston would agree to appear sometime in the month of January for his deposition to answer questions regarding his observations of the accident that is the subject of above captioned matter, which Mr. Johnston agreed he would do. {B0408318.1) 1 24. During a subsequent conversation with counsel, Mr. Johnston indicated that it was his position that he was under no obligation to comply with the deposition subpoena and has since avoided all attempts by counsel to reschedule the deposition. 5. Mr. Johnson has been completely unresponsive and, therefore, has failed to attend his deposition. 6. Mr. Johnston is a percipient witness to this accident and his testimony is critical to a fair trial. WHEREFORE, the defendants respectfully request that this Court issue an Order of Capias to Compel Alec Johnston’s attendance and to provide testimony at the trial of August 21, 2019. In the alternative, the defendants request that the Court issue an Order compelling Alec Johnston to attend a deposition at the office of Boyle | Shaughnessy Law PC, 25 Braintree Hill Office Park, Suite 301, Braintree, Massachusetts 02184, or other mutually agreeable location, or be subject to a warrant pursuant to G.L. c. 233 § 6, for failure to Comply with such Order. THE DEFENDANTS, KEITH WESTON AND INTERSTATE ELECTRICAL SERVICES CORP., BY THEIR ATTORNEYS, DATED: Z PB. EL Wg Email: CBulger@boyleshaughnessy.com Boyle | Shaughnessy Law PC 25 Braintree Hill Office Park, Suite 301 Braintree, MA 02184 Phone: (781) 428-4700 Fax: (781) 971-5991 (B0408318.1} 2