Theriault v. Sherwood Assoc. Ltd.

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SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-08- 1'78, STATE OF MAINE ANDROSCOGGIN, SS. ,' f'. . 1 fj'i\JlD -' d/S i MAURICE A. THERIAULT and DIANE 1'. THERIAULT, and REINA LESSARD, GERALD LESSARD, and PAULA MURANO, and DOUGLAS F. SCHMIDT, and NATHAN SMITH, Plaintiffs v. SHER WOOD ASSOCIATES LIMITED PARINERSHIP, a Maine limited partnership, and MICHAEL A. LIBERTY, and WILLIAM D, HAMILL, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I Ie) v / Pl\,:('>,EIV~1J g \euQ En ,j"~ ~.~n tlr..;.r.\..oI~ ~~t u 1~-, \.Jf .;;:- 2Um ./ .\NDP.OSCOGGIN 3UPERiOF-< COURT JUDGMENT AND ORDER ON PLAINTIFFS THERIAULTS' MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS SHERWOOD ASSOCIATES LIMITED PARTNERSHIP AND MICHAEL A. LIBERTY \ ! Defendants ) This matter came before this Court on the two count Complaint of the Plaintitfs !v'1aurice A. Theriault and Diane A. Theriault (the "Theriaults") seeking to collect on four separate Promissory Notes and the Guaranties of those Promissory Notes, all as described in the Plaintiffs Theriaults' Motion for Summary Judgment. The Plaintiffs Theriaults are assignees of the Promissory Notes hom entities which were the original payees. Count I is an action against the maker in each of the four Promissory Notes, the Defendant Sherwood Associates Limited Partm>rship ("Sherwood Judgment and Order on Plaintiffs' Motion jor Summary Judgment Against Defendants Sherwood Associate,' Limited Partners/up and Michael A. Lib!!:·ty Page I of 4 ., '/"', Associates"). Count II is an action against the guarantors of those Promissory Notes, the Defendant Michael A. Liberty ("Liberty") and the Defendant William D. Hamill ("Hamill"). This Judgment relates only to the Defendants Sherwood Associates and Liberty. The Plaintiffs Theriaults have brought a Motion for Summary Judgment on both counts of the Complaint pursuant to Rule 56 of the Maine Rules of Civil Procedure and all parties to this action have been notified of this Motion. Without hearing, no opposition pursuant to Rule 7 [c] of the Maine Rules of Civil having been filed, the Court finds that there is no genuine issue as to any material facts counts· as to the Defendants Sherwood Associates and Liberty as set forth above consideration of the pleadings, discovery, and affidavits in support of the Motion for Judgment. That Motion is hereby approved as to both counts as set forth at length below. 1. Procedure as to both after due Summary The record indicates the foI10,.. . ing Parties and Counsel of Record: party Counsel Plaintiffs: Maurice A. Theriault and Diane T. Theriault Qefend8.nts: Sherwood Associates and Michael A. Liberty William D. Hamill M. Kelly Matzen TRAFTON & MATZEN, LLP Ten Minot Avenue P. O. Box 470 Auburn, ME 04212-0470 (207) 784-4531 Peter 1. DeTroy Russell B. Pierce, Jr. NORMAN, HANSON & DeTROY, LLC. 415 Congress Street P. O. Box 4600 Portland, ME 04112-4600 (207) 774-7000 Peter 1. Rubin Daniel 1. Mitchell BERNSTEIN SHUR 100 Middle Street Portland, ME 04104-:'029 (207) 774-1200 2. The Court finds that all parties have received notice of the proceedings in this action and that notice \Vas given in accordance with the applicable provisions of the Maine Rules of Civil Procedure as follows: Attorneys for each of the Defendants accepted service on behalf of their respective clients and have fIled responsive pleadings. Judgment and Order on Plaintiff~' MotIOn for Summary Judgment Agairs! Defendants Sherwood Associates Limited Partnership and Michael A. Liberty Page 2 of4 3. The docket number for this action is CV-08-178. 4. Venue is properly laid in this Court. 5. The Defendant Sherwood Associates is in default of the four separate Promissory Notes on which it is the maker and in which the Plaintiffs Theriaults have rights as assignees of the payees, and the said Defendant Sherwood Associates owes the respective Plaintiffs Theriaults on their interests in the four Promissory Notes amounts as indicated below: .'\. With respect to the Plaintiff Diane T. Theriault, principal, interest, and late charges to February 2, 2010, in the combined total amount of Two Hundred Sixty-eight Thousand Two Hundred Seventy-three Dollars and Thirty-·six Cents ($268,273.36),· and attorney's fees and disbursements. Interest accrues after February 2, 2010 at the note rate of Fifty-two Dcillars and Two Cents ($52.02) per diem. B. With respect to the Plaintiff Maurice A. Theriault, principal, interest, and late charges to February 2, 2010, in the combined total amount of Thirty Thousand Six Hundred Thirty Dollars and Eighty Cents ($30,630.80), and attorney's fees and disbursements. Interest accrues after February 2, 2010, at the note rate of Six Dollars ($6.00) per diem. C. With respect to each of the Plaintiffs Theriaults, attorney's fees and costs incurred by those Plaintiffs in collection of the Promissory Notes in the amount of Twenty-six Thousand Two Hundred Four Dollars and Ninety-eight Cents ($26,204.98). 6. The Defendant Liberty guarantied the aforesaid Promissory Notes and the Defendant Liberty therefore owes the Plaintiffs Theriaults on their interests in the guaranties of the Defendant Liberty of the four Promissory Notes as indicated below: A. With respect to the Plaintiff Diane T. Theriault, principal, interest, and late charges to February 2, 2010, in: ,the combined total amount of Two Hundred Sixty-eight Thousand Two Hundred Seventy-three Dollars and Thirty-six Cents ($268,2'73.36). and attorney's fees and disbursements. Interest accrues after February 2, 2010 at the note rate of Fifty-two Dollars and Two Cents ($52.02) per diem. B. With respect to the Plaintiff Maurice A. Theriault, principal, interest, and late charges to February 2, 2010, in the combined total amount of Thirty Thousand Six Hundred Thirty Dollars and Eighty Cents ($30,630.80), and attorney's fees and disbursements. Interest accrues after February 2, 2010, at the note rate of Six Dollars ($6.00) per diem. , Judgment and Order on Plaint[ffs' Malian for Summary Judgment Against Defendants Sherwood Associates Limited Partnership and Michael A. Liberty Page 3 of4 C. With respect to each of the Plaintiffs Theriaults, attorney's fees and costs incurred by the Plaintiffs in collection of the Promissory Notes in the amount of Twep.ty-six Thousand Two Hundred Four Dollars and Ninety-eight Cents ($26,204.98). 7. Nothing in this order shall limit the Plaintiffs Theriaults' right to seek additional attorney's fees and cost in future collection efforts or to enforce this judgment. 8. Pursuant to Rule 54(b)(1) Maine Rules of Civil Procedure and irrespective of other claims in this action, this Court expressly determines that there is no jl!st reason for delay in ordering final judgment in favor of the Plaintiffs Theriaults against the Defendants Sherwood and Liberty. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: COUNT I ACTION AGAINST DEFENDANT SHERWOOD ASSOCIATES Final Swnmary Judgment is hereby entered in favor of the Plaintiffs Theriaults against the Defendant Sherw00d Associates in the amounts and attorney's fees and costs, with interest accruing per diem, all as set forth above. COUNT II ACTION ON GUARANTlES OF DEFENDANT LIBERTY Final Swnmary Judgment is hereby entered in favor of the Plaintiffs Theriaults against the Defendant Michael A. Liberty in the amounts and attorney's fees and costs, with interest accruing per diem, all as set forth above. The Clerk is specifically directed pursuant to Rule 79(a) of the Maine Rules of Civil Procedure to enter this Judgment and Order in the civil docket by a notation incorporating it by reference. Dated at Auburn, Maine this p;..H-- day of February, 201 _ 9~ ,2010. 02-04-10 Judgment and Order on Plairrt£fjs' Motion for Summary Judgment Against Defendants Sherwood Associates Limited Partnenr.ip and Michael A. Liberty Page 4 of4 February STATE OF MAINE ANDROSCOGGIN, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-08-178 MAURICE A. THERIAULT and DIANE T. THERIAULT, REINA LESSARD, GERALD LESSARD, and PAULA MURANO, r"jr"'l""r," 1rl~' I/\:y~~~,~:~tl , .... ?<~ ~ and DOUGLAS F. SCHMIDT and NATHAN SMITH, Plaintiffs "=,,~ \,V ~[l.} ':~ ~J: ¢ ¢ eD' ~., ~l.!f.-.-.., / iL c: i~u\J [) f~~ t):·~~ CH'; (~ I i'i .'"~ J'I"'~':C;;jr!i!,,'-n ("'('\1 'r-J~. ~:,,,~ t.J #c.d' ~tJ ",_) 5.0<:-:" \.j \....} ...J f'\ ~ r:, v. SHERWOOD ASSOCIATES LIMITED PARTNERSHIP, MICHAEL A. LIBERTY, and WILLIAM D. HAMILL, Defendants WILLIAM D. HAMILL, DefendantJCross-Claimant ORDER ON REINA LESSARD, PAULA MURANO AND PEGGY LESSARD'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT WILLIAM D. HAMILL v. SHERWOOD ASSOCIATES LIMITED PARTNERSHIP and MICHAELA. LIBERTY, Defendants/Cross-Claim Defendants WILLIAM D. HAMILL, Third-Party Plaintiff v. LIBERTY GROUP, INC. Third-Party Defendant This matter came before this Court on the two count Complaint of the Plaintiffs Reina Lessard, Paula Murano and Peggy Lessard (the "Lessard Plaintiffs") seeking to collect on two separate Promissory Notes and the Guaranties of those Promissory Notes, all as described in the Lessard Plaintiffs' Motion for Summary Judgment. The Lessard Plaintiffs are assignees of the Promissory Notes from entities which were the original payees. Count I is an action against the maker in each of the two Promissory Notes, the Defendant Sherwood Associates Limited Partnership ("Sherwood Associates"). Count II is an action against the guarantors of those Promissory Notes, the Defendant Michael A. Liberty ("Liberty") and the Defendant William D. Hamill ("Hamill"). This motion for summary judgment was not opposed by Sherwood Associates or Liberty, and the court has issued a separate order pertaining to those two Defendants simultaneously herewith. The motion was opposed by Hamill as to the proper amount of legal fees payable by Hamill pursuant to his guaranty in this matter. This Judgment relates only to Hamill. After notice and hearing and except as to attorney's fees as provided herein, the Court finds that there is no genuine issue as to any material facts as to Count II of the Complaint as it relates to the Defendant Hamill and after due consideration of the pleadings, discovery, and affidavits filed with respect to the Motion for Summary Judgment, that Motion is hereby GRANTED in part as to Count II and the Defendant Hamill as set forth at length below. The Defendant Sherwood Associates is in default of the two separate Promissory Notes on which it is the maker and in which the Lessard Plaintiffs have rights as assignees of the payees. The Defendant Hamill guarantied each of those promissory notes and the Defendant Hamill therefore owes the Lessard Plaintiffs on their interests in Defendant Hamill's guaranties of the two Promissory Notes principal, interest and late charges in the combined total amount of $16,462.06, with interest accruing on and after February 4, 2010 at the rate of$3.27 per diem. By agreement of the parties and this Court's Order, regardless of the time constraints in Rule 54(b)(3), the claims of the Lessard Plaintiffs for attorney's fees and costs shall be heard by this Court in June of 2010, or as soon as possible thereafter, at the written request of either the Lessard Plaintiffs or the Defendant Hamill made to this by Court no later than May 1,2010. 2 STATE OF MAINE ANDROSCOGGIN, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-08-178 MAURICE A. THERIAULT and DIANE T. THERIAULT, r,')1~f"'lE'n;1~f"~~ ;,_, I(\!L~\\..-,~~ II f'.;';~J it, REINA LESSARD, GERALD LESSARD, and PAULA MURANO, .... ,.. -; :'-;'1' I.~bl ,L,kl... r ,:;2U1V ,\ '\H·jv>"f.·"-:,I·f·",·._,]~" / ~-\~J~u~v·":~~:-I. . )t~(:.:'t~5'£: ':';~I a;"jjr-~)Cn~:;;; cn~ iF;"-,r and ,~t_~ t' CI U ""d" . "" ¢.//"", I ( I DOUGLAS F. SCHMIDT and NATHAN SMITH, Plaintiffs v. ORDER ON REINA LESSARD, PAULA MURANO AND PEGGY LESSARD'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS SHERWOOD ASSOCIATES LIMTIED PARTNERSHIP AND MICHAEL A. LIBERTY SHERWOOD ASSOCIATES LIMITED PARTNERSHIP, MICHAEL A. LIBERTY, and WILLIAM D. HAMILL, Defendants WILLIAM D. HAMILL, Defendant/Cross-Claimant v. SHERWOOD ASSOCIATES LIMITED PARTNERSHIP and MICHAEL A. LIBERTY, Defendants/Cross-Claim Defendan1 s WILLIAM D. HAMILL, Third-Party Plaintiff v. LIBERTY GROUP, INC. Third-Party Defendant This matter came before this Court on the two count Complaint of the Plaintiffs Reina Lessard, Paula Murano and Peggy Lessard (the "Lessard Plaintiffs") seeking to collect on two separate Promissory Notes and the Guaranties of those Promissory Notes, all 1 as described in the Lessard Plaintiffs' Motion for Summary Judgment. The Lessard Plaintiffs are assignees of the Promissory Notes from entities which were the original payees. Count I is an action against the maker in each of the two Promissory Notes, the Defendant Sherwood Associates Limited Partnership ("Sherwood Associates"). Count II is an action against the guarantors of those Promissory Notes, the Defendant Michael A. Liberty ("Liberty") and the Defendant William D. Hamill ("Hamill"). This motion for summary judgment was not opposed by Sherwood Associates or Liberty. The motion was opposed in part by Hamill. This Judgment relates only to the Defendants Sherwood Associates and Liberty. The Court is simultaneously herewith issuing a separate order regarding Defendant Hamill. After consideration of the Lessard Plaintiffs' Motion for Summary Judgment and all supporting papers submitted therewith, and any opposition submitted thereto, the Court finds that there is no genuine issue of material fact and the Lessard Plaintiffs are entitled to judgment as a matter of law as to Defendants Sherwood Associates and Liberty. Therefore, the Lessard Plaintiffs' Motion for Summary Judgment as to Defendants Sherwood Associates and Liberty is HEREBY GRANTED. The Defendant Sherwood Associates is in default of the two promissory notes on which it is the maker and in which the Lessard Plaintiffs have rights as assignees of the payees, and Defendant Sherwood Associates owes the Lessard Plaintiffs on their interest in the two promissory notes principal, interest and late charges in the combined total amount of $16,462.06, with interest accruing on and after February 4, 20 I0 at the rate of $3.27 per diem. In addition, Defendant Sherwood Associates owes attorney's fees and costs incurred by the Lessard Plaintiffs in collection of the promissory notes in the amount 01'$12,970.78. The Defendant Liberty guarantied each of those promissory notes and the Defendant Liberty therefore jointly and severally owes the Lessard Plaintiffs on their interests in Defendant Liberty's guaranties of the two Promissory Notes principal, interest and late charges in the combined total amount of $16,462.06, with interest accruing on and after February 4,2010 at the rate 01'$3.27 per diem. In addition, Defendant Liberty jointly and severally owes attorney's fees and costs incurred by the Lessard Plaintiffs in collection of the promissory notes under said guaranties in the amount of$12,970.78. Nothing in this order shall limit the Lessard Plaintiffs' right to seek additional attorney's fees and costs in future collection efforts or to enforce this judgment. Pursuant to Rule 54(b)(1) Maine Rules of Civil Procedure and irrespective of other claims in this action, this Court expressly determines that there is no just reason for delay in ordering final judgment in favor of the Lessard Plaintiffs against the Defendants Sherwood Associates and Liberty. 2 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: COUNT I. ACTION AGAINST SHERWOOD ASSOCIATES: Final Summary Judgment on Count I is hereby granted in favor of the Lessard Plaintiffs against the Defendant Sherwood Associates Limited Partnership in the amount of$29,432.84 (inclusive of principal, interest, late fees, and attorney's fees and costs), with interest accruing on and after February 4, 2010 at the rate of $3.27 per diem. COUNT II. ACTION ON GUARANTY OF LIBERTY: Final Summary Judgment on County II is hereby granted in favor of the Lessard Plaintiffs against the Defendant Michael A. Liberty in the amount of $29,432.84 (inclusive of principal, interest, late fees, and attorney's fees and costs), with interest accruing on and after February 4, 2010 at the rate of $3.27 per diem. The clerk is specifically directed pursuant to Rule 79(a) ofthe Maine Rules of Civil Procedure to enter this Judgment and Order in the civil docket by a notation incorporating it by reference. Dated this 8~ 3 REINA LESSARD - PLAINTIFF SUPERIOR COURT ANDROSCOGGIN, 55. Docket No AUBSC-CV-2008-00178 Attorney for: REINA LESSARD MARC N FRENETTE - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 DOCKET RECORD Attorney for: REINA LESSARD WILLIAM CLIFFORD - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 GERALD L LESSARD (ESTATE OF) - PLAINTIFF Attorney for: GERALD L LESSARD (ESTATE OF) MARC N FRENETTE - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Attorney for: GERALD L LESSARD (ESTATE OF) WILLIAM CLIFFORD - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 PAULA MURANO - PLAINTIFF Attorney for: PAULA MURANO MARC N FRENETTE - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Attorney for: PAULA MURANO WILLIAM CLIFFORD - RETAINED 12/10/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 DOUGLAS SCHMIDT - PLAINTIFF Attorney for: DOUGLAS SCHMIDT EDWARD C RUSSELL - RETAINED 12/10/2008 RUSSELL SILVER & SILVERSTEIN 145 EXCHANGE STREET, SUITE 3 BANGOR ME 04401-6505 Page 1 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD NATHAN SMITH - PLAINTIFF Attorney for: NATHAN SMITH EDWARD C RUSSELL - RETAINED 12/10/2008 RUSSELL SILVER & SILVERSTEIN 145 EXCHANGE STREET, SUITE 3 BANGOR ME 04401-6505 MAURICE A THERIAULT - PLAINTIFF Attorney for: MAURICE A THERIAULT M KELLY MATZEN - RETAINED 08/29/2008 TRAFTON & MATZEN PO BOX 470 AUBURN ME 04212-0470 Attorney for: MAURICE A THERIAULT VERNE E PARADIE JR - RETAINED 08/29/2008 TRAFTON & MATZEN PO BOX 470 AUBURN ME 04212-0470 DIANE T THERIAULT - PLAINTIFF Attorney for: DIANE T THERIAULT M KELLY MATZEN - RETAINED 08/29/2008 TRAFTON & MATZEN PO BOX 470 AUBURN ME 04212-0470 Attorney for: DIANE T THERIAULT VERNE E PARADIE JR - RETAINED 08/29/2008 TRAFTON & MATZEN PO BOX 470 AUBURN ME 04212-0470 VB SHERWOOD ASSOCIATES LIMITED PARTNERSHIP - DEFENDANT Attorney for: SHERWOOD ASSOCIATES LIMITED PARTNERSHIP PETER DETROY - RETAINED 08/29/2008 NORMAN HANSON & DETROY 415 CONGRESS STREET PO BOX 4600 PORTLAND ME 04112-4600 Attorney for: SHERWOOD ASSOCIATES LIMITED PARTNERSHIP PETER RUBIN - WITHDRAWN 09/17/2008 BERNSTEIN SHUR SAWYER & NELSON 100 MIDDLE ST PO BOX 9729 PORTLAND ME 04104-5029 page 2 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD MICHAEL A LIBERTY - DEFENDANT SHAKER ROAD, GRAY ME 04039 Attorney for: MICHAEL A LIBERTY PETER DETROY - RETAINED 08/29/2008 NORMAN HANSON & DETROY 415 CONGRESS STREET PO BOX 4600 PORTLAND ME 04112-4600 Attorney for: MICHAEL A LIBERTY PETER RUBIN - WITHDRAWN 09/15/2008 BERNSTEIN SHUR SAWYER & NELSON 100 MIDDLE ST PO BOX 9729 PORTLAND ME 04104-5029 WILLIAM D HAMILL - DEFENDANT POBOX 480, YARMOUTH ME 04096 Attorney for: WILLIAM D HAMILL PETER DETROY - WITHDRAWN 09/17/2008 NORMAN HANSON & DETROY 415 CONGRESS STREET PO BOX 4600 PORTLAND ME 04112-4600 Attorney for: WILLIAM D HAMILL PETER RUBIN - RETAINED 08/29/2008 BERNSTEIN SHUR SAWYER & NELSON 100 MIDDLE ST PO BOX 9729 PORTLAND ME 04104-5029 LIBERTY GROUP INC - THIRD PARTY DEFENDANT LIBERTY GROUP, INC. - THIRD PARTY DEFENDANT PEGGY A LESSARD - PERSONAL REPRESENTATIVE Attorney for: PEGGY A LESSARD WILLIAM CLIFFORD - RETAINED 03/18/2009 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Attorney for: PEGGY A LESSARD MARC N FRENETTE - RETAINED 03/18/2009 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Page 3 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD Filing Document: COMPLAINT Minor Case Type: CONTRACT Filing Date: 08/29/2008 Docket Events: 09/17/2008 TRANSFER - REMOVAL TO SUPERIOR COURT EDI ON 09/17/2008 @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID LEWDCCV200800979 FILING DOCUMENT - COMPLAINT FILED ON 08/29/2008 Party(s): MAURICE A THERIAULT ATTORNEY - RETAINED ENTERED ON 08/29/2008 Plaintiff's Attorney: M KELLY MATZEN Party(s): DIANE T THERIAULT ATTORNEY - RETAINED ENTERED ON 08/29/2008 Plaintiff's Attorney: M KELLY MATZEN Party(s): MAURICE A THERIAULT ATTORNEY - RETAINED ENTERED ON 08/29/2008 Plaintiff's Attorney: VERNE E PARADIE JR Party(s): DIANE T THERIAULT ATTORNEY - RETAINED ENTERED ON 08/29/2008 Plaintiff's Attorney: VERNE E PARADIE JR Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER DETROY Party(s): MICHAEL A LIBERTY ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER DETROY Party(s): WILLIAM D HAMILL ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER DETROY Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER RUBIN Party(s): MICHAEL A LIBERTY ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER RUBIN Party(s): WILLIAM D HAMILL ATTORNEY - RETAINED ENTERED ON 08/29/2008 Defendant's Attorney: PETER RUBIN Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 08/25/2008 Party(s): MICHAEL A LIBERTY SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 08/25/2008 Page 4 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD Party(s): WILLIAM D HAMILL SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 08/27/2008 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/29/2008 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY RESPONSIVE PLEADING - ANSWER FILED ON 09/15/2008 Party(s): WILLIAM D HAMILL ATTORNEY - WITHDRAWN ORDERED ON 09/17/2008 Defendant's Attorney: PETER DETROY Party(s): WILLIAM D HAMILL ATTORNEY - RETAINED ENTERED ON 09/15/2008 Party (s): WILLIAM D HAMILL, WII,IJIAM D HAMILL RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 09/15/2008 09/17/2008 Party(s): WILLIAM D HAMILL,WILLIAM D HAMILL RESPONSIVE PLEADING - CROSSCLAIM FILED ON 09/15/2008 Party(s): WILLIAM D HAMILL SUPPLEMENTAL FILING - THIRD-PARTY COMPLAINT FILED ON 09/15/2008 FINDING - REMOVAL TO SUPERIOR COURT SENT ON 09/17/2008 FINDING - REMOVAL TO SUPERIOR COURT ENTERED ON 09/15/2008 AUBSC Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP ATTORNEY - WITHDRAWN ORDERED ON 09/17/2008 Defendant's Attorney: PETER RUBIN 09/19/2008 Party(s): MICHAEL A LIBERTY ATTORNEY - WITHDRAWN ORDERED ON 09/15/2008 Defendant's Attorney: PETER RUBIN 09/19/2008 ORDER - SCHEDULING ORDER ENTERED ON 09/19/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 09/19/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 05/19/2009 09/19/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/19/2008 JOYCE A WHEELER , JUDGE 09/23/2008 Party(s): WILLIAM D HAMILL RESPONSIVE PLEADING - ANSWER AND CROSSCLAIM AMENDED ON 09/23/2008 FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES, CROSS-CLAIMS AND THIRD-PARTY COMPLAINT Page 5 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD 10/07/2008 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY RESPONSIVE PLEADING - ANSWER TO CROSSCLAIM FILED ON 10/06/2008 SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY 10/07/2008 Party(s): RESPONSIVE PLEADING - ANSWER TO THIRD PARTY COMPo PILED ON 10/06/2008 10/09/2008 party(s): WILLIAM 0 HAMILL DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/09/2008 RESPONSE OF WILLIAM 0 HAMILL TO PI,AINTIFFS REQUEST FOR ADMISSIONS SERVED TO M KELLY MATZEN ESQ AND PETER J DETROY ESQ ON 10-8-08 10/24/2008 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT MOTION - MOTION TO JOIN FILED ON 10/23/2008 PARTY PLAINTIFFS AND MEMORANDUM IN SUPPORT THEREOF WITH PROPOSED ORDER NEW PLTS HAVE NO OBJECTION. REC'D 10-29-08: 10/24/2008 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED ON 10/23/2008 FOR APPROVING PRE-JUDGMENT ATTACHMENT AND TRUSTEE PROCESS AGAINST DEFENDANTS MICHAEL LIBERTY AND WILLIAM HAMILL AND INCORPORATED MEMORANDUM OF LAW WITH AFFIDAVITS OF MAURICE THERIAULT AND M. KELLY MATZEN IN SUPPORT OF MOTION WITH PROPOSED JUDGMENT REC'D 11-19-08: OPPOSITION OF W. HAMILL FILED. REC'D 11-26-08: PLTS' REPLY MEMORANDUM FILED. 11/04/2008 Party(s): WILLIAM 0 HAMILL MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED ON 11/03/2008 DEF WILLIAM HAMILL WITH INCORPORATED MEMORANDUM OF LAW, AFFIDAVIT OF DANIEL MITCHELL, AND PROPOSED ORDER ESQ. 11/21/2008 party(s): WILLIAM D HAMILL OTHER FILING - AFFIDAVIT FILED ON 11/19/2008 OF PETER RUBIN, ESQ. 11/21/2008 ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 11/20/2008 ADR TO BE SET WITH J. PETER THOMPSON, ESQ. DATE TO BE DETERMINED 11/25/2008 ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 11/24/2008 ADR SET FOR JANUARY 14, 2009 WITH J. PETER THOMPSON, ESQ. 12/02/2008 Party(s): WILLIAM 0 HAMILL LETTER - FROM PARTY FILED ON 12/02/2008 REGARDING MOTIONS FOR ATTACHMENT 12/11/2008 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT MOTION - MOTION SUMMARY JUDGMENT FILED ON 12/09/2008 PLT WITH INCORPORATED MEMORANDUM OF LAW, STATEMENT OF MATERIAL FACTS, RECORD MATERIAL SUPPORTING MOTION, AFFIDAVITS OF MAURICE THERIAULT AND M. KELLY MATZEN WITH PROPOSED ORDER REC'D 12-30-08: OPPOSITION OF HAMILL WITH OPPOSING STATMENT OF MATERIAL FACTS AND AFFIDAVIT OF PETER RUBIN, ESQ. REC'D 1-8-09: PLT'S REPLY TO DEF HAMILL'S OPPOSITION WITH REPLY STATEMENT 12/11/2008 Party(s): WILLIAM 0 HAMILL MOTION - APPROVAL ATTACH/TRUSTEE PROC GRANTED ON 12/10/2008 THOMAS E DELAHANTY II, JUSTICE Page 6 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD IT IS ORDERED THAT ATTACHMENT, INCLUDING ATTACHMENT ON TRUSTEE PROCESS, MAY BE MADE IN THE AMOUNT OF $258,663.75 AGAINST THE PERSONAL AND REAL PROPERTY OF CROSSCLAIM DEFENDANT SHERWOOD ASSOCIATES LIMITED PARTNERSHIP, CROSSCLAIM DEFENDANT MICHAEL A. LIBERTY AND THIRD-PARTY DEFENDANT LIBERTY GROUP, INC. COPIES TO COUNSEL ON 12-11-08 12/11/2008 party(s): MAURICE A THERIAULT,DIANE T THERIAULT MOTION - APPROVAL ATTACH/TRUSTEE PROC GRANTED ON 12/10/2008 THOMAS E DELAHANTY II, JUSTICE THE PLAINTIFF ARE ENTITLED TO AND HEREBY AWARDED, PREJUDGMENT ATTACHMENT AND ATTACHMENT ON TRUSTEE PROCESS AGAINST THE REAL AND PERSONAL PROPERTY OF DEFENDANTS MICHAEL LIBERTY IN THE AMOUNT OF $267,937.03 AND AGAINST WILLIAM HAMILL IN THE AMOUNT OF $258,663.75. COPIES TO COUNSEL ON 12-11-08 12/11/2008 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT MOTION - MOTION TO JOIN GRANTED ON 12/10/2008 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL 12/11/2008 party(s): REINA LESSARD ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: MARC N FRENETTE party(s): GERALD L LESSARD (ESTATE OF) ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: MARC N FRENETTE Party(s): PAULA MURANO ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: MARC N FRENETTE 12/11/2008 Party(s): REINA LESSARD ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: WILLIAM CLIFFORD 12/11/2008 Party(s): GERALD L LESSARD (ESTATE OF) ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: WILLIAM CLIFFORD Party(s): PAULA MURANO ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: WILLIAM CLIFFORD 12/11/2008 Party(s): DOUGLAS SCHMIDT ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: EDWARD C RUSSELL Party(s): NATHAN SMITH ATTORNEY - RETAINED ENTERED ON 12/10/2008 Plaintiff's Attorney: EDWARD C RUSSELL 12/23/2008 Party(s): MICHAEL A LIBERTY SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 12/17/2008 TD BANK, NA THROUGH ANDREA HARVEY Page 7 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD 12/23/2008 party(s): MICHAEL A LIBERTY SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 12/22/2008 WILLIAM D HAMILL 12/23/2008 Party(s): SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 12/17/2008 'I'D BANK, NA THROUGH ANDREA HARVEY 12/23/2008 Party(s): WILLIAM D HAMILL SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 12/22/2008 12/23/2008 Party(s): MAURICE A THERIAULT,DIANE 'I' THERIAULT,REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO,DOUGLAS SCHMIDT,NATHAN SMITH OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 12/23/2008 'I'D BANKNORTH IN REGARDS TO WILLIAM HAMILL 12/23/2008 Party(s): MAURICE A THERIAULT,DIANE 'I' THERIAULT,REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAUlA MURANO,DOUGLAS SCHMIDT,NATHAN SMITH OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 12/23/2008 'I'D BANKNORTH IN REGARDS TO MCIAHEL LIBERTY 12/30/2008 Party(s): WILLIAM D HAMILL MOTION - MOTION SUMMARY JUDGMENT FILED ON 12/30/2008 THRD PARTY PLT HAMILL'S WITH INCORPORATED MEMORANDUM OF LAW, RULE 56(H) STATEMENT OF UNDISPUTED MATERIAL FACTS, AFFIDAVIT OF PETER RUBIN, ESQ. AND PROPOSED ORDER 01/02/2009 Party (s) : SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY,WILLIAM D HAMILL DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/31/2008 NOTICE OF DEPO OF PLT AND M. KELLY MATZEN SERVED ON M. KELLY MATZEN, ESQ. ON 12/30/2008. 01/09/2009 party(s): DOUGLAS SCHMIDT,NATHAN SMITH SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/09/2009 OF DOUGLAS SCHMIDT AND NATHN SMITH 01/12/2009 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/09/2009 01/30/2009 party(s): WILLIAM D HAMILL SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 01/26/2009 THROUGH DANIEL MITCHELL 01/30/2009 Party(s): WILLIAM D HAMILL SUMMONS/SERVICE - ACCEPTANCE OF SERVICE FILED ON 01/28/2009 01/30/2009 party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 01/26/2009 THROUGH RUSSELL PIERCE, ESQ. 01/30/2009 party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP SUMMONS/SERVICE - ACCEPTANCE OF SERVICE FILED ON 01/28/2009 02/04/2009 party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP MOTION - OTHER MOTION FILED ON 02/04/2009 page 8 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD DEF SHERWOOD ASSOC. AND LIBERTY MOTION AND REQUEST FOR "LAW OF THE CASE" APPLICATION REC'D 02-04-09: OPPOSITION FILED. 02/04/2009 Party(s): WILLIAM D HAMILL SUMMONS/SERVICE - ACK OF RECEIPT OF SUMM/COMP SERVED ON 01/27/2009 THROUGH PETER RUBIN, ESQ. FOR WILLIAM HAMIL 02/04/2009 Party(s): WILLIAM D HAMILL SUMMONS/SERVICE - ACK OF RECEIPT OF SUMM/COMP FILED ON 02/04/2009 02/06/2009 HEARING - MOTION SUMMARY JUDGMENT HELD ON 02/05/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: DANIEL MITCHELL Plaintiff's Attorney: M KELLY MATZEN WILLIAM CLIFFORD, ESQ. AND RUSSELL PIERCE, ESQ. TAPE 428 INDEX 5289-6345 REVIEW BILL OF COSTS AND REPLY IN ONE WEEK 02/06/2009 ORDER - REPORT OF ADR CONF/ORDER ENTERED ON 01/05/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COUNSEL TO COPIES TO 02/06/2009 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 02/05/2009 02/12/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 02/11/2009 TO FILE MEMORANDA CONCERNING LEGAL FEES 02/17/2009 Party(s): MICHAEL A LIBERTY SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 02/10/2009 THROUGH RUSSELL PEIRCE, ESQ. 02/17/2009 Party(s): MICHAEL A LIBERTY SUMMONS/SERVICE - ACCEPTANCE OF SERVICE FILED ON 02/13/2009 02/17/2009 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP SUMMONS/SERVICE - ACCEPTANCE OF SERVICE SERVED ON 02/10/2009 THROUGH RUSSELL PIERCE, ESQ. 02/17/2009 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP SUMMONS/SERVICE - ACCEPTANCE OF SERVICE FILED ON 02/13/2009 02/17/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 02/13/2009 THOMAS E DELAHANTY II, JUSTICE DEFENDANT HAMILL TO FILE A MEMORANDUM IN RESPONSE TO PLT'S LEGAL BILLS IS EXTENDED TO FEBRUARY 18, 2009 AND PLT TO RESPOND BY FEBRUARY 27, 2009. COPIES TO COUNSEL ON 2-17-09 02/17/2009 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 02/17/2009 SHERWOOD ASSOCIATES LIMITED PARTNERSHIP AND MICHAEL A. LIBERTY 02/18/2009 Party(s): WILLIAM D HAMILL Page 9 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD OTHER FILING - OPPOSING MEMORANDUM FILED ON 02/18/2009 MEMORANDUM OF DEFENDANT WILLIAM HAMILL REGARDING PLAINTIFFS' LEGAL FEES SUBMISSION 02/18/2009 Party(s): WILLIAM D HAMILL SUPPLEMENTAL FILING - THIRD-PARTY COMPLAINT FILED ON 02/18/2009 FILED BY WILLIAM D HAMILL VS LIBERTY GROUP 02/18/2009 Party(s): WILLIAM D HAMILL RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 02/18/2009 02/18/2009 Party(s): WILLIAM D HAMILL SUPPLEMENTAL FILING - THIRD-PARTY COMPLAINT FILED ON 02/18/2009 02/18/2009 Party(s): WILLIAM D HAMILL RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 02/18/2009 03/03/2009 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT OTHER FILING - OPPOSING MEMORANDUM FILED ON 02/27/2009 OPPOSITION OF PLTS THERIAULTS TO MEMORANDUM OF DEFENDANT HAMILL REGARDING PLTS' LEGAL SUBMISSION 03/04/2009 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 03/04/2009 THOMAS E DELAHANTY II, JUSTICE 03/04/2009 Party(s): SHERWOOD ASSOCIATES LIMITED PARTNERSHIP,MICHAEL A LIBERTY RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 03/03/2009 DEF SHERWOOD ASSOCIATES AND LIBERTY'S ANSWER TO REINA AND GERALD LESSARD AND MURANO'S COMPLAINT 03/10/2009 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO MOTION - MOTION SUBSTITUTE PARTIES FILED ON 03/09/2009 WITH PROPOSED ORDER 03/13/2009 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 03/13/2009 THOMAS E DELAHANTY II, JUSTICE 03/18/2009 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO MOTION - MOTION SUBSTITUTE PARTIES GRANTED ON 03/18/2009 THOMAS E DELAHANTY II, JUSTICE PEGGY A. LESSARD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD LESSARD, SUBSTITUTED FOR FORMER PLT GERALD LESSARD. COPIES TO COUNSEL ON 3-18-09 IS HEREBY 03/18/2009 Party(s): PEGGY A LESSARD ATTORNEY - RETAINED ENTERED ON 03/18/2009 Attorney: WILLIAM CLIFFORD 03/18/2009 Party(s): PEGGY A LESSARD ATTORNEY - RETAINED ENTERED ON 03/18/2009 Attorney: MARC N FRENETTE 04/14/2009 Party(s): WILLIAM D HAMILL OTHER FILING - AFFIDAVIT FILED ON 04/14/2009 FIRST AMENDED AFFIDAVIT OF PETER RUBIN, ESQ. REGARDING LEGAL FEES Page 10 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-0017B DOCKET RECORD 06/09/2009 Party(s): REINA LESSARD,PAULA MURANO,PEGGY A LESSARD OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 06/02/2009 REINA LESSARD, PAULA MORENO AND PEGGY LESSARD 06/09/2009 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 06/02/2009 06/12/2009 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO MOTION - MOTION SUMMARY JUDGMENT FILED ON 06/12/2009 PLT LESSARD AND MURANO WITH INCORPORATED MEMORANDUM, STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE, AFFIDAVITS AND PROPOSED ORDER REC'D 07-30-09: OPPOSITION OF WM HAMILL WITH OPPOSING STATEMENT OF MATERIAL FACTS AND AFFIDAVIT OF DANIEL MITCHELL, ESQ. REC'D 8-5-09: PLT'S REPLY FILED. 06/22/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION SUMMARY JUDGMENT FILED ON 06/18/2009 WM HAMILL WITH INCORPORATED MEMORANDUM OF LAW 07/07/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 07/06/2009 TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT 07/08/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 07/07/2009 THOMAS E DELAHANTY II, JUSTICE DEFENDANT WILLIAM HAMILL TO FILE AN OPPOSITION TO SUMMARY JUDGMENT BY JULY 24, COPIES TO COUNSEL ON 7-8-09 2009. 07/24/2009 Party(s): MICHAEL A LIBERTY,WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 07/24/2009 (WILLIAM HAMIL AND MICHAEL LIBERTY) UNOPPOSED MOTION TO ENLARGE TIME TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT. 09/04/2009 ORDER - FINAL PRETRIAL ORDER ENTERED ON 09/03/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 09/04/2009 TRIAL - JURY TRIAL SCHEDULED FOR 10/13/2009 09/14/2009 Party(s): WILLIAM D HAMILL MOTION - MOTION TO CONTINUE FILED ON 09/14/2009 FROM TRIAL LIST COMMENCING OCTOBER 13, 2009 09/17/2009 party(s): MAURICE A THERIAULT,DIANE T THERIAULT LETTER - FROM PARTY FILED ON 09/15/2009 FROM PLAINTIFF STATING CASE WILL BE 1 1/2 DAYS 09/24/2009 Party(s): REINA LESSARD,PAULA MURANO,PEGGY A LESSARD OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 09/23/2009 FILED BY REINA LESSARD, PAULA MURANO AND PEGGY LESSARD 09/28/2009 Party(s): WILLIAM D HAMILL page 11 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-00178 DOCKET RECORD MOTION - MOTION TO CONTINUE GRANTED ON 09/25/2009 THOMAS E DELAHANTY II, JUSTICE THE COURT HAS CONSIDERED THE NUMBER OF TRIALS AND THE NUMBER OF TRIAL DAYS AVAILABLE. IT IS UNLIKELY THIS CASE WOULD BE REACHED. RESCHEDULE FOR FEB/MARCH '10. COPIES TO COlmSEL ON 9-28-09 09/28/2009 TRIAL - JURY TRIAL CONTINUED ON 09/25/2009 09/28/2009 Party(s): NATHAN SMITH MOTION - MOTION SUBSTITUTE PARTIES FILED ON 09/25/2009 PLT SMITH 09/28/2009 HEARING - MOTION SUMMARY JUDGMENT SCHEDULED FOR 10/09/2009 @ 1:15 09/29/2009 Party(s): NATHAN SMITH OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 09/29/2009 PLAINTIFF'S NATHAN AND JAY SMITH, ELLEN POLICOW AND DOUGLAS SCHMIDT'S 09/29/2009 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 09/29/2009 10/09/2009 HEARING - MOTION SUMMARY JUDGMENT HELD ON 10/09/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: DAVID GOLDMAN Plaintiff's Attorney: KELLY L TURNER AND DANIEL MITHCELL ESQ. FOR HAMIL TAPE NO. 554 AND INDEX NO. 'S 5147-5622 ADVISEMENT TAKEN UNDER 12/29/2009 TRIAL - JURY TRIAL SCHEDULED FOR 02/09/2010 12/29/2009 HEARING - TRIAL MANAGEMENT CONFERENCE SCHEDULED FOR 02/02/2010 @ 9:00 NOTICE TO PARTIES/COUNSEL 01/11/2010 Party(s): WILLIAM D HAMILL MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED ON 01/08/2010 WITH DRAFT ORDER AND AFFIDAVITS 01/25/2010 Party(s): WILLIAM D HAMILL MOTION - MOTION TO CONTINUE FILED ON 01/25/2010 FILED BY WILLIAM HAMILL REC'D ON 1/28/10 OPPOSITION FILED BY EDWARD RUSSELLESQ 01/27/2010 Party(s): REINA LESSARD,PAULA MURANO MOTION - OTHER MOTION FILED ON 01/26/2010 REINA LESSARD, PAULA MURANO AND PEGGY LESSARD'S MOTION TO SPECIFY MATERIAL FACTS NOT IN CONTROVERSY 01/29/2010 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 01/29/2010 PLT THERIAULT 01/29/2010 Party(s): WILLIAM D HAMILL OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 01/29/2010 DEF WILLIAM HAMIL Page 12 of 14 Printed on: 03/02/2010 AUBSC-CV-200S-0017S DOCKET RECORD 02/02/2010 Party(s): WILLIAM D HAMILL MOTION - APPROVAL ATTACH/TRUSTEE PROC GRANTED ON 02/02/2010 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL ATTACHMENT BY CROSS-CLAIM PLT & THIRD-PARTY PLT WILLIAM HAMIL 02/02/2010 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 02/02/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: PETER DETROY Plaintiff's Attorney: M KELLY MATZEN EDWARD RUSSELL, ESQ. PRESENT FOR SCHMIDT & SMITH; MARC FRENETTE, & MURINO AND PETER RUBIN, ESQ. PRESENT FOR HAMIL. ADDITIONAL ESQ. PRESENT FOR LESSARD 02/03/2010 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO OTHER FILING - OTHER DOCUMENT FILED ON 02/03/2010 SUPPLEMENTAL AFFIDAVIT OF ATTORNEY'S FEES ON BEHALF OF PLT'S REINA LESSARD, AND PEGGY LESSARD. 02/05/2010 Party(s): MAURICE A THERIAULT,DIANE T THERIAULT OTHER FILING - AFFIDAVIT FILED ON 02/04/2010 THIRD SUPPLEMENTAL AFFIDAVIT OF ATTORNEY'S FEES ON BEHALF OF PLT'S ORDER PAULA MURANO WITH DRAFT 02/0S/2010 TRIAL - JURY TRIAL CONTINUED ON 02/02/2010 02/0S/2010 Party(s): WILLIAM D HAMILL MOTION - MOTION SUMMARY JUDGMENT GRANTED ON 02/0S/2010 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL HAMIL 02/0S/2010 Party(s): REINA LESSARD,GERALD L LESSARD (ESTATE OF) ,PAULA MURANO MOTION - MOTION SUMMARY JUDGMENT GRANTED ON 02/0S/2010 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL MURANO AGAINST DEF'S SHERWOOD ASSOCIATES AND MICHAEL LIBERTY AGAINST WILLIAM l,ESSARD & 02/0S/2010 Party(s): WILLIAM D HAMILL MOTION - MOTION SUMMARY JUDGMENT GRANTED ON 02/0S/2010 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL JUDGMENT AND ORDER ON PLT'S THERIAULTS' MOTION FOR SUMMARY JUDGMENT AGAINST DEF'S SHERWOOD ASSOCIATES AND MICHAEL LIBERTY 02/11/2010 Party(s): MICHAEL A LIBERTY,WILLIAM D HAMILL MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 07/29/2009 JOYCE A WHEELER , JUDGE THE DEADLINE FOR DEF WILLIAM HAMIL TO AN OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT IS 7/31/09 Page 13 of 14 Printed on: 03/02/2010 AUBSC-CV-2008-001/B DOCKET RECOIW A TRUE COpy ATTEST: Clerk Page 14 of 14 Printed on: 03/02/2010

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