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ESSEX, SS.
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT OF THE COMMONWEALTH
LAWRENCE DISTRICT COURT
CIVIL ACTION No.: 48=0'797
UNIFIRST CORPORATION,
PLAINTIFF
Vv.
Noon Lawn & LANDSCAPE Co., INC.,
MATTHEW NOON D/B/A NOON TURF CARE AND
D/B/A NOON LAWN & LANDSCAPE CO., INC.,
CHRISTOPHER NOON D/B/A NOON LAWN & LANDSCAPE CO., INC.,
DEFENDANTS
Me ee
APPLICATION TO CONFIRM ARBITRATION AWARD
That Plaintiff, UniFirst Corporation (“UniFirst”) is, and has been at all times
herein relevant, a Massachusetts corporation located in Wilmington,
Massachusetts.
That Defendant Noon Lawn & Landscape Co., Inc., is, and has been at all times
herein relevant, a Massachusetts Corporation with a business address located at,
201 Boston Post Road West Suite 202, Marlborough, MA 01752.
That Defendant Matthew Noon d/b/a Noon Turf Care and d/b/a Noon Lawn & :
Landscape Co., Inc. is an individual with a residence located at 73 East Bate Hill
Road, Harvard, MA 01451. BO
That Defendant Christopher Noon d/b/a Noon Lawn & Landscape Co., Inc., is an
individual with a residence located at 17 Cudworth Lane, Sudbury, MA 01776.That Plaintiff commences this action pursuant to M.G.L. ¢.251 §11 to confirm the
Arbitration Award entered by the American Arbitration Association in favor of
the Plaintiff as against the Defendants on or about December 20, 2016, in the
amount of $22,289.23 plus applicable interest at the rate of 12% from July 15,
2015 in accord with the Award. As of May 10, 2017, the applicable interest
(which continues to accrue) is the amount of $4,880.43 and judgment would enter
in favor of Plaintiff in the amount of $27,169.66.
BACKGROUND
Plaintiff entered into a Customer Service Agreement (the “Agreement”) with the
Defendants, pursuant to which Plaintiff provided the rental of merchandise and
services in exchange for Defendants’ agreement to pay therefore in accordance
with the terms of the parties' Agreement.
That the term of the parties’ Agreement was for three (3) years and, pursuait to-
the terms of the parties' Agreement, in the event the Defendants’ breached:
tl
Agreement before its expiration, Defendants’ agreed to pay Plaintiff damages
pursuant to the Agreement's terms.
be
Notwithstanding the Defendants’ obligations pursuant to the parties’ Agreement, -
Defendants breached the same resulting in the termination of Plaintiff's services
after only approximately eighteen (18) weeks into the parties' agreed upon one
hundred fifty six (156) weeks term.
Pursuant to the Agreements' terms, "[a]ll disputes of whatever kind between theCourt:
10.
11.
12.
Customer and UniFirst based upon past, present, and future acts, whether known
or unknown, and arising out of or relating to the negotiation, formation or
performance of this Agreement shall be resolved exclusively by final and binding
arbitration...pursuant to the Expedited Procedures of the Commercial Arbitration
Rules of the American Arbitration Association."
Pursuant to the terms of the Agreement, arbitration was commenced and
conducted by the American Arbitration Association (the “AAA”) pursuant to the
rules governing the same. After appropriate Notice to the Defendants pursuant to
applicable AAA rules, and the terms of the parties' Agreement, on or about
December 20, 2016, an Award of Arbitrator (the “Award”) was entered in favor
of Plaintiff in the amount of $22,289.23 plus interest at the rate of 12%
commencing on July 15, 2015. See Exhibit A, Award.
Plaintiff respectfully submits that the Arbitrator's Award should be confirmed
against the Defendants pursuant to M.G.L. ¢.251 §11 as outlined herein.
Plaintiff requests that the Award as against the Defendants be confirmed as
indicated and that Judgment enter as against Defendants in the amount of re
$22,289.23 plus applicable interest as outlined herein and costs associated with
the filing and prosecution of the same. “3
WHEREFORE, Plaintiff UniFirst Corporation respectfully requests that this honofiible os :
A.
ao Yu
Confirm the Arbitration Award as against the Defendants as outlined herein
pursuant to M.G.L. ¢. 251 §11;B. Enter Judgment in favor of Plaintiff against the Defendants Noon Lawn &
Landscape Co., Inc., Matthew Noon d/b/a Noon Turf Care and d/b/a Noon Lawn
& Landscape, and Christopher Noon d/b/a Noon Lawn & Landscape Co., Inc. in
the amount of $22,289.23 plus applicable interest as outlined herein and costs
associated with the filing and prosecution of this matter; and
Cc. Grant such other and further relief, as this Court deems just and equitable.
Respectfully submitted,
UNIFIRST CORPORATION
ATKINS CALLAHAN, PL]
20 Depot Street, Suite 220
Peterborough, N.H. 03458
(603) 924-4999
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w ESSEX, SS. COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH LAWRENCE DISTRICT COURT CIVIL ACTION No.: 48=0'797 UNIFIRST CORPORATION, PLAINTIFF Vv. Noon Lawn & LANDSCAPE Co., INC., MATTHEW NOON D/B/A NOON TURF CARE AND D/B/A NOON LAWN & LANDSCAPE CO., INC., CHRISTOPHER NOON D/B/A NOON LAWN & LANDSCAPE CO., INC., DEFENDANTS Me ee APPLICATION TO CONFIRM ARBITRATION AWARD That Plaintiff, UniFirst Corporation (“UniFirst”) is, and has been at all times herein relevant, a Massachusetts corporation located in Wilmington, Massachusetts. That Defendant Noon Lawn & Landscape Co., Inc., is, and has been at all times herein relevant, a Massachusetts Corporation with a business address located at, 201 Boston Post Road West Suite 202, Marlborough, MA 01752. That Defendant Matthew Noon d/b/a Noon Turf Care and d/b/a Noon Lawn & : Landscape Co., Inc. is an individual with a residence located at 73 East Bate Hill Road, Harvard, MA 01451. BO That Defendant Christopher Noon d/b/a Noon Lawn & Landscape Co., Inc., is an individual with a residence located at 17 Cudworth Lane, Sudbury, MA 01776.That Plaintiff commences this action pursuant to M.G.L. ¢.251 §11 to confirm the Arbitration Award entered by the American Arbitration Association in favor of the Plaintiff as against the Defendants on or about December 20, 2016, in the amount of $22,289.23 plus applicable interest at the rate of 12% from July 15, 2015 in accord with the Award. As of May 10, 2017, the applicable interest (which continues to accrue) is the amount of $4,880.43 and judgment would enter in favor of Plaintiff in the amount of $27,169.66. BACKGROUND Plaintiff entered into a Customer Service Agreement (the “Agreement”) with the Defendants, pursuant to which Plaintiff provided the rental of merchandise and services in exchange for Defendants’ agreement to pay therefore in accordance with the terms of the parties' Agreement. That the term of the parties’ Agreement was for three (3) years and, pursuait to- the terms of the parties' Agreement, in the event the Defendants’ breached: tl Agreement before its expiration, Defendants’ agreed to pay Plaintiff damages pursuant to the Agreement's terms. be Notwithstanding the Defendants’ obligations pursuant to the parties’ Agreement, - Defendants breached the same resulting in the termination of Plaintiff's services after only approximately eighteen (18) weeks into the parties' agreed upon one hundred fifty six (156) weeks term. Pursuant to the Agreements' terms, "[a]ll disputes of whatever kind between theCourt: 10. 11. 12. Customer and UniFirst based upon past, present, and future acts, whether known or unknown, and arising out of or relating to the negotiation, formation or performance of this Agreement shall be resolved exclusively by final and binding arbitration...pursuant to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association." Pursuant to the terms of the Agreement, arbitration was commenced and conducted by the American Arbitration Association (the “AAA”) pursuant to the rules governing the same. After appropriate Notice to the Defendants pursuant to applicable AAA rules, and the terms of the parties' Agreement, on or about December 20, 2016, an Award of Arbitrator (the “Award”) was entered in favor of Plaintiff in the amount of $22,289.23 plus interest at the rate of 12% commencing on July 15, 2015. See Exhibit A, Award. Plaintiff respectfully submits that the Arbitrator's Award should be confirmed against the Defendants pursuant to M.G.L. ¢.251 §11 as outlined herein. Plaintiff requests that the Award as against the Defendants be confirmed as indicated and that Judgment enter as against Defendants in the amount of re $22,289.23 plus applicable interest as outlined herein and costs associated with the filing and prosecution of the same. “3 WHEREFORE, Plaintiff UniFirst Corporation respectfully requests that this honofiible os : A. ao Yu Confirm the Arbitration Award as against the Defendants as outlined herein pursuant to M.G.L. ¢. 251 §11;B. Enter Judgment in favor of Plaintiff against the Defendants Noon Lawn & Landscape Co., Inc., Matthew Noon d/b/a Noon Turf Care and d/b/a Noon Lawn & Landscape, and Christopher Noon d/b/a Noon Lawn & Landscape Co., Inc. in the amount of $22,289.23 plus applicable interest as outlined herein and costs associated with the filing and prosecution of this matter; and Cc. Grant such other and further relief, as this Court deems just and equitable. Respectfully submitted, UNIFIRST CORPORATION ATKINS CALLAHAN, PL] 20 Depot Street, Suite 220 Peterborough, N.H. 03458 (603) 924-4999