On March 18, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Yatsenick, Joal,
Yatsenick, Rick,
and
Curley, Stacey,
David Dillon Dba,
Edgar, Charles,
Old Wharf Village Llc,
for Torts
in the District Court of Barnstable County.
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COMMONWEALTH OF MASSACHUSETT: |
DEPARTMENT OF THE TRIAL COURT z
BARNSTABLE, ss SUPERIOR-COURT
Docket No. BACV2013-00125
S/loliqg Denud-
Rick and Joal Yatsenick,
Plaintiffs (ur CALLA
Old Wharf Village, LLC and
Charles Edgar,
Defendants
i dill
DEFENDANTS’ MOTION FOR. COSTS AND ATTORNEY FEES
‘The Defendants hereby request that the Court tax statutory costs against the Plaintiffs in the above
matter pursuant to Mass. R. Civ. P. 54(d) and G.L. c. 261 § 1; and assess attorney fees and costs
against the Plaintiffs pursuant to G.L. c. 231 § 6F and Mass. R. Civ. P. 11. As grounds therefore,
the Defendants submit the attached memorandum of law and exhibits and state the following:
1. Judgment entered for the defendants on all counts on December 19, 2018 after a jury
trial. As the prevailing party, the Defendants are entitled to statutory costs pursuant to
Mass. R. Civ. P. 54(d) and G.L. c. 261 § 1.
2. The Defendants have incurred $7,389.02 in costs for deposition transcripts, fees for
service of subpoenas, postage. trial materials and mileage. Exhibit A.
3. The Defendants have also incurred in excess of $100,000 in attorney fees and other
costs during five years of litigation of this matter due to the Plaintiffs’ pursuit of wholly
insubstantial, frivolous claims made in bad faith. G.L. c. 231 § 6F.
1
Document Filed Date
January 16, 2019
Case Filing Date
March 18, 2013
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COMMONWEALTH OF MASSACHUSETT: | DEPARTMENT OF THE TRIAL COURT z BARNSTABLE, ss SUPERIOR-COURT Docket No. BACV2013-00125 S/loliqg Denud- Rick and Joal Yatsenick, Plaintiffs (ur CALLA Old Wharf Village, LLC and Charles Edgar, Defendants i dill DEFENDANTS’ MOTION FOR. COSTS AND ATTORNEY FEES ‘The Defendants hereby request that the Court tax statutory costs against the Plaintiffs in the above matter pursuant to Mass. R. Civ. P. 54(d) and G.L. c. 261 § 1; and assess attorney fees and costs against the Plaintiffs pursuant to G.L. c. 231 § 6F and Mass. R. Civ. P. 11. As grounds therefore, the Defendants submit the attached memorandum of law and exhibits and state the following: 1. Judgment entered for the defendants on all counts on December 19, 2018 after a jury trial. As the prevailing party, the Defendants are entitled to statutory costs pursuant to Mass. R. Civ. P. 54(d) and G.L. c. 261 § 1. 2. The Defendants have incurred $7,389.02 in costs for deposition transcripts, fees for service of subpoenas, postage. trial materials and mileage. Exhibit A. 3. The Defendants have also incurred in excess of $100,000 in attorney fees and other costs during five years of litigation of this matter due to the Plaintiffs’ pursuit of wholly insubstantial, frivolous claims made in bad faith. G.L. c. 231 § 6F. 1