Bell v. Bangor Metal Works
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y SUPERIOR COURT Docket No. CV-02-100 STATE OF MAINE PENOBSCOT, SS. BRYAN BELL, Plaintiff, v. ) ) ) ) ) ) ) ORDER BANGOR METAL WORKS, 1 LLC. et al, ) Defendants. ) Defendant Chad Walton moves to amend the Judgment in this matter and asks the court to make further findings. Similarly, Plaintiff moves to amend and seeks further clarification. The findings in this court's earlier Decision and Tudnment are amended to reflect that Plaintiff did recoup his initial investment with the exception of $1,061.03 (which should be refunded to him as part of the final dissolution process). When computing the final proceeds to be distributed as part of the dissolution process (designated as payments to Walton for "profits" in the court's earlier Decision and Tud~ment), "commissions" and "overtime" are not within the scope of salary or draw as specified in the court's Judgment. As with the start-up invoices (see paragraph below), Walton must refund such expenses to the company or deduct them from his share of the final proceeds. Both parties submitted bills or invoices to the company seeking compensation for investments of time and effort during the start-up phase. Walton's bill has been paid; Bell's has not. As noted in this court's earlier Judgment, the payments to Walton must be repaid to the company (or deducted from his share of the final proceeds). Regarding the court's reference to the parties brief buy-out discussions in September, 2001, Defendant assets that the court reversed the parties' roles in those discussions. The court is willing to accept and adopt Defendant Walton's representations in this regard. However, the court's ultimate conclusions and Judgment are otherwise unaffected. The court declines to further amend or supplement its findings. The Clerk may incorporate this Order upon t k d o c k e t by reference. Dated: February 6, 2004 And ew M. Mead q4 < ' ' ', , FILED & ENTERED SUPERIOR COURT 1 BRYAN BELL, Plaintiff, v. , SUPERIOR COURT Docket No. CV-02-100 STATE OF MAINE PENOBSCOT, SS. MAY 0 2 2006 ) ) 1 1 1 PENOBSCOT COUNTY ORDER 1 BANGOR METAL WORKS, LLC,) and CHAD WALTON, 1 Defendants. ) Pursuant to this court's Decision dated September 25,2003, and Orders subsequent thereto, the parties have embarked upon discussions directed toward the final wrap-up and legal dissolution of Bangor Metal Works, LLC., and have made very commendable progress toward this result. The parties'are at an impasse regarding the disposition of two items characterized as Chad Wal ton's refund of start-up costs and credits for wrap-up work. Defendant asserts that the entries in h s start-up invoice (as later reflected in the bookkeeping entries in the partnership's accounting records) mischaracterize the payments made to him. Specifically he asserts that $5200 reflects his cash investment and the balance ($24,700) is actually salary which should not be part of the start-up reimbursement. The court was mindful of this distinction when the earlier Orders were entered; it intended that the entire amount of the "salary" portion of the invoice fall withn the amount to be refunded. Although the parties expended different quantitative efforts over different time frames to get the business started, the court still concludes that their contributions were roughly equal and the amounts reflected in their respective "startup invoices" are the best reflection of the start-up costs (which the court ordered each party to absorb). Accordingly, the entire disputed amount of Defendant's invoice ($24,700) is subject to the Decision's refund provision. However, the Defendant mav receive a credit for his salarv (in full) for efforts during the wrapup period as reflecked in Sub-Total E of his pro&sed accounting ($14,875.50). The Clerk may incorporate this Order by reference. Dated: May 1,2006 I . JUS~CE, MAINE S U P E ~ O RCOURT 05/05/2006 MAINE JUDICIAL INFORMATION SYSTEM ksmit h PENOBSCOT COUNTY SUPERIOR COURT mjx x i 048 CASE PARTY ADDRESS BOOK BRYAN BELL VS BANGOR METAL WORKS LLC ET AL UTN:AOCSsr -2002-0051835 CASE #:BANK-CV-2002-00100 ................................................................................ BRYAN BELL T e l # (207) 947-4501 ATTY KING, DAVID C. ATTY ADDR:84 HARLOW ST PO BOX 1401 BANGOR ME 04402-1401 PL BANGOR METAL WORKS LLC T e l # (207) 942-8244 ATTY RUSSELL, EDWARD C . ATTY ADDR:145 EXCHANGE STREET, SUITE 3 BANGOR ME 04401-6505 DEF CHAD WALTON T e l # (207) 942-8244 ATTY RUSSELL, EDWARD C. ATTY ADDR:145 EXCHANGE STREET, SUITE 3 BANGOR M 04401-6505 E DE F M=More, Space = E x i t : M S e l e c t t h e EXIT KEY f o r page s e l e c t i o n l i n e . UQ Ca,)rt CCLLIVO,'
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