Bayley Hill Deer & Trout Farm v. Atlantic Game Meats

Annotate this Case

Download PDF

STATE OF MAINE CUMBERLAND, SS. SLTPERIOR COURT CIVIL ACTION DOCKET NO. CV-03-366 . / L I , \ l : ; 2 ! .. BAYLEY HILL DEER & TROUT FARM, INC., Plaintiff DECISION AND JUDGMENT v. ATLANTIC GAME MEATS, LLC, DAVID McGLINCHEY, individually and d / b / a GROVE HILL ELK & DEER FARM, Defendant Bayley Hill Deer & Trout Farm, Inc. (Bayley Hill) is a Maine corporation located in Scarborough that raises deer and elk to sell commercially. In the mid 1990s it began to sell its product to David McGlinchey, who in turn arranged for it to be processed through the Windham Butcher Shop for sale to restaurants and other commercial outlets.' Bayley m 1 initiated this action seelung judgment against the defendants for 1 amounts unpaid and due for delivery of deer and elk meat. Prior to trial, the parties entered into several stipulation^:^ 2. . . . . Plaintiff claims defendants owe $86,366.50, while defendants claim they owe $48,640.75. 3. . . . [Tlhere are three central issues in this case: A. The price paid for deer and elk meat; B. Whether or not defendants made certain purchases; C. Liability for the debt. ' The facts set out in this decision constitute findings by the court as proven by a preponderance of evidence unless otherwise stated. 2 The stipulations that are relevant to this decision are numbered as in the original. 4. 5. [Joint] Exhibit No. 1 contains a section concerning the Undisputed Purchases and another section concerning Disputed Purchases. Under the two columns labeled Undisputed Purchases, Plaintiff [I claims that $63,876.25 is the amount due. Defendants claim that the balance owed is $48,640.75. This dispute centers on the price to be paid for the deer meat. According to Plaintiff, Defendants agreed to pay $3.00 per pound for processed meats, and on occasion, $1.25 per pound for trim. Defendants agree that the contract price was $3.00 per pound, but only if the dead weight of the animal was between 125-150 pounds. According to Defendants, if the dead weight of the animal fell outside h s range, the price dropped to $1.75 per pound. Plaintiff claims that the weight range (between 125-150 pounds) was only a goal, but did not determine the price. 1~1 . . . [Tlhere are nine purchases that plaintiff claims defendant made, but defendants claim they did not make. These nine purchases are reflected in the disputed purchases column of [Joint]Exhbit No. 1. 6. The final issue relates to responsibility for the debt. The issue is whether the debt is owed by Atlantic Game Meats, LLC, David McGlinchey or both? Central to the decisions here is an understanding of how the parties did business from the begnning. The parties began their relationship with a handshake agreement and never entered into any formal contract or any written memorandum regarding their dealings. The agreement was made between Fred Bayley, as a principal in Bayley Hill, and David McGlinchey individually, who was doing business as Atlantic Game Meats (AGM). AGM did not become an LLC corporation until June 2001. Although the purchases in dispute here occurred after that time, McGlinchey never informed Fred Bayley or any other representative of Bayley Hill of h s change in status from an individual doing business under a company name to a separate legal entity. Although Bayley knew McGlinchey was doing business as Atlantic Game Meats, it is h s position that he was - A copy of JointExhibit No. 1 is attached to this decision as an Appendix. 2 selling h s product to David McGlinchey personally and it did not matter which name it was under as long as he received payment. McGlinchey never discussed his change in status with Nicholas Richardson, the Bayley Hill business manager, or with Kathleen Bayley, Fred's wife and bookkeeper, even though he had several discussions with each of them regarding his delinquent account. Invoices from Bayley Hill to the defendants, pl. ex. #3 were addressed to both "Atlantic Game Meats" and "David McGlinchey." Plaintiff's exhibit #4 shows the account history from January 1, 1999, prior to incorporation, to November 11, 2003, and is listed as "Atlantic Game Meats." As far as the plaintiff is concerned, David McGlinchey and AGM were always one and the same. Invoices for meat processing from the Windham Butcher Shop, pl. ex. #6, were made out to "Dave M.," "Dave McGlinchey," or "D. McGlinchey." According to Dana Mains, owner of the butcher shop, this notation was solely to "save time" even though he knew McGlinchey sold deer meat as Atlantic Game Meats. The court determines that the debt to Bayley Hill is a joint debt for Atlantic Game Meats, LLC and David McGlinchey individually. When the parties started their relationship they agreed on a price of $3.50 per pound "rail eight".^ The price was changed to $3.00 per pound near the end of 1998 because the defendant was having difficulty malung a profit. Some time later Bayley Hill stopped selling to the defendant when he opened a retail store at the Portland Public Market. This operation lasted between a year to a year-and-a-half, but Rayley closed it because the rent was too h g h and resumed doing "Rail weight" is defined as "dead weight;" that is, the weight of the animal without its head, limbs, and slun, The weight was determined by the Windham Butcher Shop. 3 business with McGlinchey and AGM. They set the price at the old level of $3.00 per pound for a prime animal with a weight between 125 to 155 pounds. McGlinchey didn't want animals outside of the weight range because the quality wasn't as high. On occasion Bayley Hill told McGlinchey that an animal was outside the range and the defendant said - "shp it anyway." The weight range was a guide or goal. The defendant claims that he purchased the meat on a two-tier price level: $3.00 per pound for prime meat (125-150 pounds) and $1.75 per pound for meat outside the range. Richardson denies any conversation with McGlinchey regarding varied price structure. Even though he was the business manager, he had no authority to change the price structure approved by Fred Bayley. In fact, during his meetings with Rchardson and Mrs. Bayley h s primary concern was making arrangements for payment so he could continue his supply. He never disputed the weight of animals delivered or discussed any problems with Bayley's price structure or a "two-tier" price system. Discussions centered around the amount he owed and how it would be paid. . In fact, when he did make payments, he did not specify that any amount was for prime meat and a separate amount was for other meat. At one point he proposed that that he would pay in full for animals as they were delivered plus 50% of that amount which would be applied towards the arrearage. Fred Bayley did not agree to a two-tier price for the meat and did not have such an agreement or price structure with any other customer. It was a goal to ship animals within the stated price range. The defendant was free to reject any shpment but did not. Even if McGlinchey believes he had a two-tier price plan, such an agreement was never confirmed or agreed to by Fred Bayley or any other authorized representative of Bayley Hill. The evidence supports the finding that the only price agreed to by the parties was $3.00 per pound, "rail weight." The invoices admitted as Defendants' Exhbit 1 are documents created by McGlinchey to illustrate what he believes he owes under a two-tier price structure. They are not persuasive. As to the undisputed purchases, see Joint Ex. 1, the court determines that the defendants owe the full amount of $63,876.25. The defendant claims that there are nine separate charges that he did not make and he fully disputes them. See Joint Ex. 1. The court has examined the records, P1. Ex. 1,2, and 3, and finds that the records for three of the dates are fully consistent and support plaintiff's claim for sales on July 16,2001 $4,335.00 February 14,2001 $2,412.00 January :17,2003 $ 396.00 The claim for September 20,2001 ($2,496.00) is consistent with record entries for September 19,2001. The claim for November 5, 2001 ($1,992.00) is consistent with record entries for October 31, 2001. Invoice No. 584, PI. Ex. 3, dated January 1, 2003 ($5,523.00) is supported by record entries of June 14, 2001. This invoice references that the actual date is June 14, 2001. Invoice No. 570 ($3,324.00) (February 13,2003) is supported by other records. See P1. Ex. 6 and 11. The court finds that invoices numbered 568 (February 10, 2003) and 580 (April 15,2003) are not supported by other records. The plaintiff is not entitled to recovery for these charges. Plaintiff is entitled to an award of $20,478.04 as to the disputed claims. The Clerk will make the following entry as the Decision and Judgment of the court: Judgment for plaintiff Bayley Hill Deer & Trout Farm, Inc. in the amount of $84,354.29 against Atlantic Game Meats, LLC, and David McGlinchey individually, jointly and severally. Plaintiff is awarded its costs and interest as allowed by rule and statute. SO ORDERED. Justice, Superior ~ o h r t BAYLEY HILL DEER & TROUT FARM, INC. - PLAINTIFF Attorney for: BAYLEY HILL DEER & TROUT FARM, INC. MICHAEL J DONLAN - RETAINED 07/01/2003 VERRILL & DANA PO BOX 147 KENNEBUNK ME 04 043 vs ATLANTIC GAME MEATS, LLC - SUPERIOR COURT CUMBERLAND, ss . Docket No PORSC-CV-2003-00366 DOCKET RECORD DEFENDANT Attorney for: ATLANTIC GAME MEATS, LLC WINFRED STEVENS - RETAINED 07/28/2003 RUDMAN & WINCHELL 84 HARLOW ST PO BOX 1401 BANGOR ME 04402-1401 Attorney for: ATLANTIC GAME MEATS, LLC CHARLES F BUDD - RETAINED 08/01/2003 RUDMAN & WINCHELL 84 HARLOW ST PO BOX 1401 BANGOR ME 04402-1401 DAVID MCGLINCHEY - DEFENDANT Attorney for: DAVID MCGLINCHEY WINFRED STEVENS - RETAINED 07/28/2003 RUDMAN & WINCHELL 84 HARLOW ST PO BOX 1401 BANGOR ME 04402-1401 Attorney for: DAVID MCGLINCHEY CHARLES F BUDD - RETAINED 08/01/2003 RUDMAN & WINCHELL 84 HARLOW ST PO BOX 1401 BANGOR ME 04402-1401 WINDHAM BUTCHER SHOP, INC. - TRUSTEE Filing Document: COMPLAINT Filing Date: 07/01/2003 Minor Case Type: CONTRACT Docket Events: 07/01/2003 FILING DOCUMENT - COMPLAINT FILED ON 07/01/2003 WITH EXHIBIT A. 07/01/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. ATTORNEY - RETAINED ENTERED ON 07/01/2003 Plaintiff's Attorney: MICHAEL J DONLAN 07/02/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC Page 1 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED WITH AFFIDAVIT ON 07/01/2003 WITH MEMORANDUM IN SUPPORT OF MOTION FOR ATTACHMENT AND TRUSTEE PROCESS; AFFIDAVIT OF FRED BAYLEY AND PROPOSED ORDER. 07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 07/08/2003 07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/01/2003 UPON DAVID MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE HILL ELK & DEER FARM 07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 07/08/2003 07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/01/2003 UPON ATLANTIC GAME MEATS, LLC TO DAVID MCGLINCHEY 07/28/2003 Party (s): ATLANTIC GAME MEATS, LLC RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 07/28/2003 OF DEFENDANTS ATLANTIC GAMES AND MEATS, LLC. 07/28/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/28/2003 TO PLAINTIFF'S MOTION FOR ATTACHMENT AND TRUSTEE PROCESS. 07/28/2003 Party (s): ATLANTIC GAME MEATS, LLC ATTORNEY - RETAINED ENTERED ON 07/28/2003 Defendant's Attorney: WINFRED STEVENS Party (s): DAVID MCGLINCHEY ATTORNEY - RETAINED ENTERED ON 07/28/2003 Defendant's Attorney: WINFRED STEVENS 07/29/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - AFFID & REQUEST DEFAULT/JUDG FILED ON 07/28/2003 AGAINST ATLANTIC GAME MEATS, LLC, DAVID MCGLINCHEY IND. AND D/B/A GROVE HILL ELK FARM & DEER 07/30/2003 ORDER - COURT ORDER ENTERED ON 07/29/2003 THOMAS D WARREN , JUSTICE ORDER ENTERED WITH RESPECT TO STATUS OF DEFAULT. THE CLERK IS DIRECTED TO INCORPORATE THIS ORDER IN THE DOCKET BY REFERENCE PURSUANT TO RULE 79(A) 7-30-03 COPY MAILED TO MICHAEL DONLAN ESQ AND WINFRED STEVENS ESQS 08/01/2003 Party (s): ATLANTIC GAME MEATS, LLC ATTORNEY - RETAINED ENTERED ON 08/01/2003 Defendant's Attorney: CHARLES F BUDD Party ( s ) : DAVID MCGLINCHEY ATTORNEY - RETAINED ENTERED ON 08/01/2003 Defendant's Attorney: CHARLES F BUDD Page 2 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD 08/01/2003 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY MOTION - MOTION FOR LATE ANSWER FILED ON 08/01/2003 OF DEFENDANTS WITH PROPOSED ORDER 08/01/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. OTHER FILING - REPLY MEMORANDUM FILED ON 08/01/2003 BY PLAINTIFF RE DEFENDANTS' OPPOSITION TO MOTION FOR ATTACHMENT AND TRUSTEE PROCESS. 08/04/2003 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 08/04/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 08/05/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/05/2003 OF PLAITIFFF TO DEFENDANTS' MOTION FOR LEAVE TO FILE LATE ANSWER, WITH ATTACHMENT. 08/06/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - MOTION TO STRIKE FILED ON 08/04/2003 08/06/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC. MOTION - MOTION TO STRIKE DENIED ON 08/05/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE ON 08-06-2003 COPIES MAILED TO CHARLES BUDD, WINFRED STEVENS AND MICHAEL DONLAN, ESQS. 08/06/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY MOTION - MOTION FOR LATE ANSWER GRANTED ON 08/05/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE DEFENDANTS' MOTION FOR LEAVE TO FILE LATE ANSWER IS GRANTED. ON 08-06-03 COPIES MAILED TO MICHAEL DONLAN, CHARLES BUDD AND WINFRED STEVENS, ESQS. 08/07/2003 ORDER - SCHEDULING ORDER ENTERED ON 08/07/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE DISCOVERY DEADLINE IS APRIL 7, 2004. ON 08-07-03 COPIES MAILED TO WINFRED STEVENS, CHARLES BUDD AND MICHAEL DONLAN, ESQS. 09/04/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - APPROVAL ATTACH/TRUSTEE PROC GRANTED ON 09/04/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE IT IS ORDERED THAT ATTACHMENT AND TRUSTEE PROCESS MAY BE MADE AGAINST THE PROPERTY OF DEFENDANTS, ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE HILL ELK & DEER FARM, IN THE AMOUNT OF $88,518.00; PROVIDED, HOWEVER, THAT THE FIRST $100.00 OF DEMAND BANK ACCOUNTS HELD YBY ANY ONE TRUSTEE SHALL BE EXEMPT FROM TRUSTEE PROCESS ISSUED PURSUANT TO THIS 0RDER.ON 09-04-03 COPIES MAILED TO CHARLES BUDD, WINFRED STEVENS, ESQS AND GIVEN IN HAND TO MICHAEL DONLAN, ESQ. 09/04/2003 HEARING - APPROVAL ATTACH/TRUSTEE PROC HELD ON 09/04/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE ON PLAINTIFF'S MOTION FOR ATTACHMENT. MOTION GRANTED. 09/11/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 09/11/2003 MERRILL MERCHANTS BANK (LLS) 09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/18/2003 Page 3 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD 09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/05/2003 UPON FRANCES FRUCHTNICHT . ( LLS ) 09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/18/2003 09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/05/2003 UPON FRED BROWN (LLS) 09/30/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/30/2003 09/30/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/16/2003 UPON BUTCHER SHOP (DANA MAINS) (LLS) 09/30/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/30/2003 09/30/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/19/2003 UPON FORREST BRADBURY TO JOAN BRADBURY (WIFE) 10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. LETTER - FROM PARTY FILED ON 10/07/2003 LETTER FROM PLAINTIFF'S COUNSEL, MICHAEL J. DONALAN INFORMING COURT THAT MEDIATION HAS BEEN SET FOR 11-11-03 AT 10:OO A.M. WITH CHARLES ABBOTT, ESQ. AT VERRILL & DANA, PORTLAND. DB 10/07/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/07/2003 OF TRUSTEE FORREST BRADBURY. (LLS) 10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 10/07/2003 10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/30/2003 UPON CATHY MOORE. (LLS) 10/07/2003 SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 10/02/2003 UPON LA VALLEE FEDERAL CREDIT UNION TO LUCILLE CASTONGUAY. (LLS) 10/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 10/08/2003 LETTER FROM PLAINTIFF'S ATTORNEY ADVISING THAT ADR MEDIATION WILL BE HELD WITH CHARLES ABBOTT, ESQ. ON 11-11-03 BEGINNING AT 10:OO A.M. DB 10/09/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC. Page 4 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 10/09/2003 10/09/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 10/01/2003 UPON FLEET BANK TO BRAD HUNTER. (LLS) 10/10/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/10/2003 OF FLEET NATIONAL BANK. (LLS) 10/10/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/10/2003 UNITEDKINGFIELD BANK. 11/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/07/2003 PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT, ATLANTIC GAME MEATS, LLC; PLAINTIFF'S INTERROGATORIES PROAND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT DAVID MCGLINCHE, INDIVIDUALLY AND DBA GROVE HILL ELK & DEER FARM, SERVED ON CHARLES F.BUDD, JR, ESQ. ON 11-05-03. DB 11/17/2003 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 11/17/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE REPORT OF ADR CONFERENCE FILED. CASE IS UNRESOLVED. ORDER ENTERED. ON 11-17-03 COPIES MAILED TO CHARLES BUDD, WINDRED STEVENS, AND MICHAEL DONLAN, ESQS. 11/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/18/2003 PLAINTIFF'S SUBPOENA TO PRODUCE EVIDENCE (DOCUMENTS) TO WINDHAM BUTCHER SHOP SERVED ON WINDHAM BUTCHER SHOP 11-11-03. 11/19/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - AFFID & REQUEST DEFAULT/JUDG FILED ON 11/19/2003 OF PLAINTIFF AGAINST TRUSTEE, WINDHAM BUTCHER SHOP, INC. 11/19/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. ORDER - DEFAULT ENTERED ON 11/19/2003 GAIL MERRITT , ADMINISTRATIVE CLERK AGAINST TRUSTEE, WINDHAM BUTCHER SHOP, INC. COPY MAILED TO MICHAEL DONLAN AND CHARLES BUDD JR ESQS. AND TO WINDHAM BUTCHER SHOP INC. AT 247 VARNEY MILL ROAD, WINDHAM ME 04062 12/16/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/16/2003 DEFENDANTS' RESPONSE TO INTERROGATORIES PROPOUNDED BY PLAINTIFF; DEFENDANTS' RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS. SERVED ON MICHAEL J. DONLAN, ESQ. ON DECEMBER 12, 2003. (AD). 12/22/2003 ORDER - COURT ORDER ENTERED ON 12/10/2003 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE DEFAULT JUDGMENT BY THE COURT. JUDGMENT IS HEREBY ENTERED FOR THE PLAINTIFF AGAINST, TRUSTEE WINDHAM BUTCHER SHOP, INC. FOR THE SUM OF UP TO $88,518.00. ON 12-12-03 COPIES MAILED TO MICHAEL DONLAN, ESQ., CHARLES BUDD, ESQ. AND TRUSTEE WINDHAM BUTCHER SHOP, INC. AT 247 VARNEYH MILL ROAD, WINDHAM, MAINE 04062. 12/29/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC Page 5 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD JURY FILING - DEMAND FOR JURY TRIAL FILED ON 12/29/2003 OF PLAINTIFF - $300.00 JURY FEE PAID (DC) 01/02/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/02/2004 DEFENDANTS' SUPPLMENTAL RESPONSE TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO PLAINTIFF, SERVED ON MICHAEL J. DOLAN, ESQ. ON 12-12-03. DB 01/12/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/12/2004 DEFENDANTS' SUPPLEMENTAL RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS, SERVE DON MICHAEL J. DONLAN, ESQ. ON 01-08-04. DB 01/23/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/23/2004 PLAINTIFF'S NOTICE OF DEPOSITION OF DAVID MCGLINCHEY AND ROBERT R. RICHARDS, SERVED ON CHRLES F. BUDD, JR., ESQ. ON 01-22-04. DB 01/26/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/26/2004 PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DAVID MCGLINCHEY AND ROBERT R. RICHRADS, SERVED ON CHARLES F. BUDD, JR., ESQ. ON 01-23-04. DB 01/28/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/28/2004 DEFENDANTS' INTERROGATORIES PROPOUNDED TO PLAINTIFF; DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO PLAINTIFF SERVED ON MICHAEL J. DONLAN, ESQ. 01-2604. (LLS) 02/02/2004 Party(6): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/02/2004 WITNESS SUBPOENA FOR DEPOSITON SERVED ONR OBERT R. RICHARDS ON 1-28-04 (GA) 03/02/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/02/2004 PLAINTIFF'S RESPONSE TO DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND PLAINTIFF'S OBJECTIONS TO DEFENDANTS' INTERROGATORIES SERVED ON CHARLES BUDD, JR., ESQ. ON MARCH 1. 2004. AD 03/26/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/26/2004 NOTICES OF DEPOSITIONS OF DIANE MCGLINCHEY AND JULIE HARDING SERVED ON CHARLES BUDD, JR., ESQ. ON 3-25-04 (DC) 03/31/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/31/2004 PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DIANA MCGLINEHEY AND AMENDED NOTICE OF DEPOSITOIN OF JULIE HARDING SERVED ON CHARLES BUDD, JR., ESQ. ON MARCH 30, 2004. AD 03/31/2004 Party(6): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/31/2004 PLAINTIFF'S WITNESS SUBPOENA FOR DEPOSITION SERVED ON JULIE HARDING ON MARCH 27, 2004. AD Page 6 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD 04/05/2004 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY,WINDHAM BUTCHER SHOP, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/05/2004 DEFENDANTS' NOTICE TO TAKE ORAL DEPOSITION OF DANA MAINS SERVED ON MICHAEL J. DONLAN, ESQ. ON APRIL 1, 2004. AD 04/12/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/12/2004 DEFENDANTS' OBJECTION TO PRODUCTION OF DOCUMENTS REQUESTED IN DEPOSITION NOTICE SERVICE UPON JULIE HARDING AND DIANA MCGLINCHEY SERVED ON MICHAEL J. DONLAN, ESQ. ON 4-9-04 (GA) 04/20/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/20/2004 PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON CHARLES F. BUDD, JR., ESQ. 04-16-04. (LLS) 04/21/2004 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 04/21/2004 ESTIMATED TIME FOR TRIAL IS 2 DAYS. AD 04/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - RULE 26(G) LETTER FILED ON 04/22/2004 PLAINTIFFS REQUEST FOR DISCOVERY CONFERENCE. 04/23/2004 ORDER - FINAL PRETRIAL ORDER ENTERED ON 04/21/2004 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL ON 04-21-04. AD COPIES TO 05/04/2004 HEARING - 26(G) CONFERENCE HELD ON 04/28/2004 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE MICHAEL DONLAN, ESQ. TO SUBMIT ORDER TO JUSTICE HUMPHREY IN CUMBERLAND. HEARING WAS HELD ON THIS DATE AS TO THE DISCOVERY DISPUTE. AD 05/04/2004 ORDER - COURT ORDER ENTERED ON 05/04/2004 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE THIS MATTER BEFORE THE COURT FOR A DISCOVERY CONFERENCE ON WED, APRIL 28, 04, PLAINTIFF BEING REPRESENTD BY MICHAEL DONLAN, ESQ. AND DEFENDANTS BEING REPRESENTED BY ANTHONY PELLEGRINI, ESQ. THE DISPUTE CENTERS ON DEFENDANTS' OBJECTIONS TO THE DOCUMENTS REQUESTED IN THE DEPOSITION NOTICES OF JULIE HARDING AND DIANA MCGLINCHEY. THE REQUESTS AND THE OBJECTIONS ARE IDENTICAL. A COPY OF THE REQUESTS AND OBJECTIONS ARE ATTACHED TO THIS ORDER AS EXHIBIT A. BY AGREEMENT OF THE PARTIES, THE PRETRIAL OR- DER DATED APRIL 21, 2004 IS AMENDED AS FOLLOWS: THE PARTIES SHALL EXCHANGE AND FILE WITNESS AND EXHIBIT LISTS, TRIAL BRIEFS AND RELATED MATERIALS, IF ANY, AND EXCHANGE SETTLEMENT LETTERS, NO LATER THAN MAY 28, 2004. THE CLERK IS HEREBY DIRECTED TO INCORPORATE THIS ORDER BY REFERENCE ON THE COURT'S DOCKET PURSUANT TO M.R.CIV.P.79(A). (SEE ORDER 5/04/04). ON 05-4-04 COPIES MAILED TO CHARLES BUDD, ESQ. AND MICHAEL DONLAN, ESQ. AD 05/05/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 05/05/2004 PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DIANA MCGLINCHEY AND JULIE HARDING, SERVED ON CHARLES F. BUDD, JR, ESQ. ON05-04-04. DB 06/01/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY OTHER FILING - EXHIBIT LIST FILED ON 06/01/2004 Page 7 of 10 printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD OF DEFENDANTS' EXHIBIT LIST. AD 06/01/2004 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY OTHER FILING - WITNESS LIST FILED ON 06/01/2004 OF DEFENDANTS'. AD 06/01/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY OTHER FILING - TRIAL BRIEF FILED ON 06/01/2004 OF DEFENDANTS'. AD 06/01/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 05/28/2004 OF PLAINTIFF'S WITNESS & EXHIBIT LIST. AD 06/01/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. OTHER FILING - TRIAL BRIEF FILED ON 05/28/2004 OF PLAINTIFF'S TRIAL BRIEF WITH EXHIBIT A. AD 06/02/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. OTHER FILING - WITNESS LIST FILED ON 06/02/2004 PLAINTIFF'S AMENDED WITNESS LIST. DB 09/08/2004 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 09/08/2004 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 09/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. DISCOVERY FILING - RULE 26(G) LETTER FILED ON 09/22/2004 FROM MICHAEL DONLAN, ESQ. REQUESTING AN IMMEDIATE DISCOVERY CONFERENCE. AD 10/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. LETTER - FROM PARTY FILED ON 10/22/2004 COPY OF MICHAEL DONLAN, ESQ. TO CHARLES BUDD, JR., ESQ. REGARDING FILING OF DEFENDANTS' SUGGESTION OF BANKRUPCY (DC) 10/22/2004 Party (s): DAVID MCGLINCHEY OTHER FILING - SUGGESTION OF BANKRUPTCY FILED ON 10/22/2004 OF DEF. DAVID MCGLINCHEY INDIVIDUALLY AND D/B/A GROVE HILL ELK AND DEER FARM (DC) 01/11/2005 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - MOTION TO RETAIN ON DOCKET FILED ON 01/10/2005 OF PLAINTIFF'S MOTION TO RESTORE TO DOCKET. AD 02/04/2005 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. MOTION - MOTION TO RETAIN ON DOCKET GRANTED ON 02/03/2005 THOMAS E DELAHANTY 11, JUSTICE THERE APPEARING TO BE NO REASON TO FURTHER STAY THE PROCEEDING, IT IS HEREBY ORDERED THAT: THE CLERK SHALL IMMEDIATELY RESTORE THE CASE TO THE NEXT AVAILABLE TRIAL CALENDAR. CASE IS TO BE LISTED ON MAY/JUNE LIST IN ITS PRIOR POSITION. ON 02-04-05 COPIES MAILED TO CHARLES BUDD, WINFRED STEVENS AND MICHAEL DONLAN, ESQS. AD 05/04/2005 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 05/04/2005 THOMAS E DELAHANTY 11, JUSTICE PURSUANT TO RULE 79(A), M.R.CIV.P., THE CLERK IS DIRECTED TO MAKE THE FOLLOWING ENTRY IN Page 8 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD THE CIVIL DOCKET; CONFERENCE ORDER FILED; CASE SET FOR TRIAL ON WEEK OF JUNE 6, 2005. ON 05-03-05 COPIES GIVEN IN HAND TO MICHAEL DONLAN, ESQ. AND CHARLES BUDD, ESQ. 09/08/2005 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 09/08/2005 OF CHARLES BUDD, ESQ. AS COUNSEL FOR DEFENDANTS, ATLANTIC GAME MEATS, LLC AND DAVID MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE HILLELK AND DEER FARM WITH EXHIBIT A. AD 09/08/2005 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY MOTION - MOTION FOR WITHDRAWAL OF CNSL DENIED ON 09/07/2005 THOMAS E DELAHANTY 11, JUSTICE MOTION DENIED. CASE IS ON TRIAL LIST AND HAS BEEN FOR SOME TIME. ON 09-07-05 COPIES GIVEN IN HAND TO MICHAEL DONLAN AND CHARLES BUDD, ESQ. AD 09/08/2005 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 09/07/2005 THOMAS E DELAHANTY 11, JUSTICE PURSUANT TO RULE 79(A), M.R.CIV.P., THE CLERK IS DIRECTED TO MAKE THE FOLLOWING ENTRY IN THE CIVIL DOCKET: CONFERENCE ORDER FILED; CASE SET FOR TRIAL ON SEPTEMBER 12 JURY SELECTION; SEPTEMBER 19, 2005 TRIAL. ON 09-07-05 COPIES GIVEN IN HAND TO MICHAEL DONLAN, ESQ. AND CHARLES BUDD, ESQ. AD 09/30/2005 TRIAL - BENCH HELD ON 09/19/2005 THOMAS E DELAHANTY 11, JUSTICE Defendant's Attorney: CHARLES F BUDD Plaintiff's Attorney: GENE LIBBY Reporter: TIMOTHY THOMPSON NON-JURY TRIAL BEGINS; PLAINTIFFS' AND DEFENDANT'S MAKE OPENING STATEMENTS; PLAINTIFFS' TESTIMONY BEGINS; PLAINTIFFS REST; DEFENDANTS TESTIMONY BEGIN S; DEFENDANTS REST; PLAINTIFFS' REBUTTAL WITNESSES; PLAINTIFFS FINALLY RESTMICHAEL DONLAN, ESQ. PRESENT FOR PLAINTIFF. PLAINTIFFS AND DEFENDANTS' EXHIBITS FOR TRIAL HELD ON SEPTEMBER 19, 2005 ARE ENCLOSED IN FILE ON EXHIBIT SHEETS. AD COURT TAKES MATTER UNDER ADVISEMENT. 05/22/2006 Party(s): BAYLEY HILL DEER & TROUT FARM, INC. LETTER - FROM PARTY FILED ON 05/22/2006 FROM GENE R. LIBBY, ESQ. ASKING FOR STATUS OF THE CASE. (DY) 09/01/2006 FINDING - JUDGMENT DETERMINATION ENTERED ON 09/01/2006 THOMAS E DELAHANTY 11, JUSTICE THE CLERK WILL MAKE THE FOLLOWING ENTRY AS THE DECISION AND JUDGMENT OF THE COURT: JUDGMENT FOR PLAINTIFF BAYLEY HILL DEER & TROUT FARM, INC. IN THE AMOUNT OF $84,354.29 AGAINST ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY INDIVIDUALLY, JOINTLY AND SEVERALLY. PLAINTIFF IS AWARDED ITS COSTS AND INTEREST AS ALLOWED BY RULE AND STATUTE. SO ORDERED. ON 09-01-06 COPIES MAILEDTO WINFRED STEVENS, CHARLES BUDD AND MICHAEL DONLAN, ESQS. AD ORDER - COURT JUDGMENT ENTERED ON 09/01/2006 THOMAS E DELAHANTY 11, JUSTICE THE CLERK WILL MAKE THE FOLLOWING ENTRY AS THE DECISION AND JUDGMENT OF THE COURT: JUDGMENT FOR PLAINTIFF BAYLEY HILL DEER & TROUT FARM, INC. IN THE AMOUNT OF $84,354.29 AGAINST ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY INDIVIDUALLY, JOINTLY AND SEVERALLY. PLAINTIFF IS AWARDED ITS COSTS AND INTEREST AS ALLOWED BY RULE AND STATUTE. SO ORDERED. ON 09-01-06 COPIES MAILEDTO WINFRED STEVENS, CHARLES BUDD AND MICHAEL DONLAN, ESQS. AD MS. DEBORAH FIRESTONE, THE DONALD GARBRECHT LAW LIBRARY, GOSS MIMEOGRAPH, Page 9 of 10 Printed on: 09/01/2006 PORSC-CV-2003-00366 DOCKET RECORD LOISLAW.COM, INC. AD Judgment entered for BAYLEY HILL DEER & TROUT FARM, INC. and against ATLANTIC GAME MEATS, LLC, DAVID MCGLINCHEY, WINDHAM BUTCHER SHOP, INC. in the amount of $84354.29. 09/01/2006 FINDING - FINAL JUDGMENT CASE CLOSED ON 09/01/2006 A TRUE COPY .8;ATTEST : .< ' i ' ' fl 1 --. t Clerk Page 10 of 10 Printed on: 09/01/2006

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.