Weiss v. Thayer Corp.
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SUPERIOR COURT CIVIL ACTION Docket No. CV-0/c-19G -(/-"\1 -- AND - e-.. d 5/'oJ.. C YO ,,<:<-,, STATE OF MAINE ANDROSCOGGIN, ss. If.,) r;-f'-- "~.' 1 \.L.'\.A:J '\. '~:: ~[' ,It If k_ ) _" TOM WEISS, Plaintiff r t· i,~~ ; 'I' ~ F I!,.,L_, cD· .FlO'l'O" / - (o-"~) L " Af',![)f<OSCOGGINJUDGMENT v. SUPEF<IOR COURT THAYER CORPORATION, Defendant A. On Plaintiff's Complaint for Commission (26 M.R.S. § 626) Pursuant to the verdict of the jury, judgment will be entered for plaintiff Torn Weiss against defendant Thayer Corporation in the amount of $44,700 plus pre-judgment interest at the rate of 6.42%1 from the date of the filing of the complaint,2 and post-judgment interest at the rate of 9.42%.3 To this sum the court adds "an additional amount equal to twice the amount [of the judgment, $89,400,] as liquidated damages1J4 for a total of $134,100. As the prevailing party on the complaint, the plaintiff is entitled to costs of suit as allowed by statute and rule. s The plaintiff is also awarded attorney fees/ however, any claim for counsel fees is limited to prosecution of the claim for unpaid commissions and not to the defense of defendant's claim on the promissory note. 1 2 14 M.R.S. § 1602-B(3)(A). October 7/2008/ 14 M.R.s. § 1602-B(5). 3 14 M.R.S. §1602-C(1)(B)(l). 4 26 M.R.S. § 626. 5 14 M,R.S. §§ 1502-B, 1502-C, and M.R. Civ. P. 54. B. On Defendant's Claim on the Promissory Note The court has previously entered judgment for Thayer Corporation7 on the promissory note (Note) executed by Tom Weiss on December 8, 2007.8 Interest on the note is determined at "the rate set forth in the ... note." 14 M.R.S. §§ 1602-B(2) and 1602-C (8% from December 7,2007, to June 30,2008, and 18% thereafter 9). As the prevailing party on the claim for judgment on the promissory note, Thayer Corporation is entitled to costs of suit as allowed by statute and rule. Thayer Corporation is also awarded attorney fees and /I costs of collection" outside of costs allowed by statute and rule. lO Any claim for attorney fees is limited to prosecution of the claim on the Note and not to defense of plaintiff's claim for commissions. C. Judgment The clerk shall make the following entries as the judgment of the court: 1. a. Judgment for plaintiff Tom Weiss against Thayer Corporation in the amount of $44,700 plus pre-judgment interest of 6.42% and post-judgment interest of 9.42% b. Plaintiff Tom Weiss is entitled to an additional sum of $89,400 as liquidated damages, plus post-judgment interest of 9.42%. c. Plaintiff Tom Weiss is also awarded costs as allowed by statute and rule and attorney fees as provided in this Order. 6 26 M.R.S. § 626. 7 See Order on Motion for Summary Judgment dated June 18, 2009. 8 The signature portion of the promissory note is dated December 7, 2008; however, Weiss testified and agrees that it was actually signed on December 7,2007. 9 See separate order of this court. 10 As provided in paragraph 7 of the promissory note: "If any payment obligation under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process." 2 2. a. Judgment for Thayer Corporation against Tom Weiss plus interest at 8%, compounded daily, from December 7,2007, to June 30,2008 and at 18% annually from July I, 2008, until paid. b. Thayer Corporation is also awarded costs as allowed by statute and rule and costs of collection and attorney fees as provided in this Order. 3. The total amount owed by Tom Weiss to Thayer Corporation may be set off as a credit against the total amount owed to Weiss by Thayer Corporation. SO ORDERED. DATED: February 25, 2010 3 STATE OF MAINE ANDROSCOGGIN, ss. ;:~ECEII.jED 8, FILED ,(I: ... 1." <. ,' '" .< ',>1"1'1"1 1,1 I,) SUPERIOR COURT CIVIL ACTION Docket No. CV-08-190 / ~'t,ijr"ptJH;)()C>-{'C){~G'I',\i, J \ '- v v _. V . ,; TOM WEISS, Plaintiff "Oi QUPf:D10R~ .. ~lf') ~! v. ('0'l..,.,;"t..'I" ID Y ORDER FOR INTEREST ON PROMISSORY NOTE THAYER CORPORATION, Defendant During the term of plaintiff's employment with defendant, he executed a promissory note (Note) in favor of the defendant in the amount of $15,000, plus interest. In return, Thayer loaned $15,000 to plaintiff at a time when he was experiencing financial difficulties. The loan has not been repaid and is currently in default. The Note provides for payment of interest at 8%, compounded daily, from the date of the Note (December 7, 2007) to the due date of June 30, 2008. After the due date, interest accrues at 18% annually on any unpaid principal. Subsequent to the plaintiff initiating this lawsuit for unpaid commissions, the defendant filed a separate suit in the District Court to collect on the Note. Weiss filed a counterclaim asserting the same claims originally made in this case. The court dismissed the counterclaim and ordered, sua sponte, that the complaint on the Note be consolidated into plaintiff's original action. 1 1 See court's Order dated February 10, 2008, in docket no. CV-09-004. After consolidation, this court granted Thayer's motion for summary judgment on the Note,2 but reserved judgment as to the full amount due based on the uncertainty of the final sums to be determined due to each other.. Weiss objects to the rate of 18% for interest as unconscionable. Thayer Corporation asserts that 18% interest is allowed by statute on consumer credit sales. 9 A M.R.S. § 2-201(2)(B). Even though this is not a consumer credit transaction, the defendant argues it is analogous and relevant; that if an interest rate of 18% is allowed for a consumer transaction, it ought to be permissible here. Weiss argues that he was at an economic disadvantage and that the Note was given to him to sign, as is, that he did not know about an interest rate, and the interest rate was not discussed or negotiated. After trial and during jury deliberations on Weiss's complaint, the court heard evidence on Weiss's claim of unconscionability. The court finds that in December 2007 Weiss was in a financial bind because he had not received a commission from the on-going DDII project. Without the commission, his income was about 50% of his normal compensation. Weiss believed that he may be able to secure an advance against his future commissions and approached Dan Thayer, president of Thayer Corporation. Weiss hoped an arrangement would be at 0% interest. Dan Thayer explained that it was against company policy to provide an advance on commissions, but he would approve a loan on a promissory note on the same terms as he had done for other employees on prior occasions. Weiss was referred to David Reed, business systems manager, to work out the details. 2 See court's Order dated June 18,2009, in docket no. CY-08-190. 2 The following day, Weiss received a check for $15,000 and he executed the Note. He claims that Reed presented the Note, folded over, and said, "sign here." Even though the Note was two pages, he signed on the second page and never reviewed, read or asked to see the first page. There is no indication that Weiss approached a bank, credit union, other lenders or another party to obtain a loan. He had been employed by Thayer for more than five years and felt comfortable with his relationship with the company and Dan Thayer. He was hoping to obtain an advance on very favorable terms. Even if he did not know about the interest rates at the time he signed the Note, he never objected to any of the terms until Thayer attempted to collect after Weiss' default. The court also notes that the interest rate increased from 8% to 18% only after the'Note was not paid by the due date. When it remained unpaid on June 30,2008, Weiss made no attempt to renegotiate the terms. The court finds that there was no disparate relationship between the parties that makes the 18% unconscionable. On the contrary, Weiss was very comfortable in approaching his employer. When Dan Thayer did not approve a straight advance on commissions, Weiss should have inquired further about the terms of any loan: He was just very happy to get the funds. The judgment for Thayer Corporation on the Note shall include interest at the rate of 8% from December 7, 2007, to June 30, 2008, and at 18% from July 1, 2008, until the Note is paid in full. 3 The clerk shall incorporate this Order onto the docket by reference. M.R. Civ. P. 79(a). SO ORDERED. DATED: February 25, 2010 4 TOM WEISS - PLAINTIFF SUPERIOR COURT ANDROSCOGGIN, ss. Docket No AUBSC-CV-2008-00190 Attorney for: TOM WEISS HOWARD REBEN - RETAINED 10/07/2008 REBEN, BENJAMIN & MARCH 97 INDIA STREET PO BOX 7060 PORTLAND ME 04112-7060 DOCKET RECORD THAYER CORPORATION - PLAINTIFF vs THAYER CORPORATION - DEFENDANT Attorney for: THAYER CORPORATION REBECCA S WEBBER - RETAINED 10/29/2008 LINNELL CHOATE & WEBBER LLP 83 PLEASANT STREET PO BOX 190 AUBURN ME 04212-0190 TOM WEISS - DEFENDANT Filing Document: COMPLAINT Filing Date: 10/07/2008 Minor Case Type: OTHER STATUTORY ACTIONS Docket Events: 10/07/2008 FILING DOCUMENT - COMPLAINT FILED ON 10/07/2008 10/07/2008 Party(s}: TOM WEISS ATTORNEY - RETAINED ENTERED ON 10/07/2008 Plaintiff's Attorney: HOWARD REBEN 10/07/2008 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 10/07/2008 10/27/2008 party(s}: THAYER CORPORATION SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 10/14/2008 TO DEF IN HAND 10/27/2008 Party(s}: THAYER CORPORATION SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 10/27/2008 10/30/2008 Party(s}: THAYER CORPORATION RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 10/29/2008 10/30/2008 ORDER - SCHEDULING ORDER ENTERED ON 10/30/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 10/30/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 06/30/2009 10/30/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 10/30/2008 JOYCE A WHEELER , JUDGE Page 1 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD 10/30/2008 Party(s): THAYER CORPORATION ATTORNEY - RETAINED ENTERED ON 10/29/2008 Defendant's Attorney: REBECCA S WEBBER 11/05/2008 Party(s): THAYER CORPORATION DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/05/2008 DEF'S FIRST REQUEST FOR DOCS AND FIRST SET OF INTERROGATORIES REQUESTED OF PLT SERVED ON HOWARD T. REBEN, ESQ. ON 11/04/08. 12/01/2008 Party(s): TOM WEISS DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/01/2008 PLT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF INTERROGATORIES PROPOUNDED ON DEFENDANT SERVED ON REBECCA WEBBER, ESQ. ON 11-26-08 12/03/2008 Party(s): TOM WEISS DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/03/2008 PLT'S RESPONSES TO DEF'S FIRST REQUEST FOR PRODUCTION OF DOCS AND ANSWERS TO DEF'S FIRST SET OF INTERROGATORIES SERVED ON REBECCA WEBBER, ESQ. ON 12/03/2008. 12/15/2008 Party(s): THAYER CORPORATION DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/12/2008 THAYER'S SECOND REQUEST FOR DOCUMENTS SERVED ON HOWARD REBEN, ESQ. ON 12/11/2008. 12/23/2008 Party(s): TOM WEISS,THAYER CORPORATION ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 12/23/2008 THE MEDIATOR FOR THIS CASE IS ROBERT HOY, THE DATE HAS NOT YET BEEN SET. 02/13/2009 ORDER - REPORT OF ADR CONF/ORDER ENTERED ON 02/12/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 02/13/2009 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 02/12/2009 THOMAS E DELAHANTY II, JUSTICE 03/04/2009 Party(s): THAYER CORPORATION SUBPOENA - SUBPOENA TO PRODUCE EVIDENCE FILED ON 03/03/2009 03/13/2009 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 03/13/2009 THOMAS E DEl,AHANTY II, JUSTICE 03/23/2009 Party(s): THAYER CORPORATION MOTION - MOTION SUMMARY JUDGMENT FILED ON 03/17/2009 DEF WITH SUPPORTING MEMORANDUM OF LAW, STATEMENT OF UNDISPUTED FACTS, AFFIDAVITS OF DAVID REED AND DANIEL THAYER AND PROPOSED ORDER REC'D 04-08-09: OPPOSITION WITH INCORPORATED MEMORANDUM AND OPPOSING STATEMENT OF MATERIAl, FACTS AND ADDITIONAL MATERIAL OF FACTS FILED. REC'D 04-15-08: REPLY BY THAYER TO WEISS'S OPPOSITION WITH REPLY STATEMENT OF MATERIAL FACTS 04/03/2009 Party(s): THAYER CORPORATION DISCOVERY FILING - RULE 26(G) LETTER FILED ON 04/03/2009 04/08/2009 HEARING - 26(G) CONFERENCE HELD ON 04/07/2009 page 2 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN DEPOSITIONS MAY BE HELD AT LOCATION DESIGNATED TO COUNSEL FOR PLAINTIFF. AS TO DISCOVERY DISPUTE RAISED BY PLAINTIFF'S COUNSEL FILED THIS DATE-COUNESL FOR BOTH PARTIES SHALl, COPIES TO COUNSEL ON 4-8-09. CONFER AND ADVISE COURT IF FURTHER CONFERENCE IS REQUIRED. 04/08/2009 Party(s): TOM WEISS DISCOVERY FILING - RULE 26(G) LETTER FILED ON 04/07/2009 PLAINTIFFS 04/17/2009 Party(s): TOM WEISS,THAYER CORPORATION OTHER FILING - STIPULATION FILED ON 04/17/2009 AND PROTECTIVE ORDER 04/23/2009 ORDER - COURT ORDER ENTERED ON 04/22/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL (RE: CONFIDENTIALLITY AGREEMENT NOT BINDING TO THE COURT) 04/29/2009 party(s): TOM WEISS MOTION - OTHER MOTION FILED ON 04/23/2009 PLT MOTION TO SUPPLEMENT PLAINTIFF'S ADDITIONAL STATEMENT OF MATERIAL FACTS WITH SUPPLEMENT TO PLT'S ADDITIONAL STATEMENT OF MATERIAL FACTS WITH INCORPORATED MEMORANDUM OF LAW REC'D 04-28-09: DEFENDANT'S OPPOSITION FILED. REC'D 05-05-09: PLT'S REPl,Y FILED. REC'D 5-5-09: DEF REPLY TO PLT REPLY FILED. 05/06/2009 Party(s): TOM WEISS LETTER - FROM PARTY FILED ON 05/06/2009 FROM ADRIENNE HANSEN, ESQ. REGARDING REPLY TO SUMMARY JUDGMENT 05/08/2009 HEARING - MOTION SUMMARY JUDGMENT SCHEDULED FOR 06/18/2009 @ 11:15 06/04/2009 Party(s): TOM WEISS MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/04/2009 MODIFY SCHEDULING ORDER 06/10/2009 party(s): TOM WEISS MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/10/2009 THOMAS E DELAHANTY II, JUSTICE DISCOVERY DEADLINE IS EXTENDED TO OCTOBER 1, 2009. COPIES TO COUNSEL ON 6-10-09 06/10/2009 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 10/01/2009 06/19/2009 HEARING - MOTION SUMMARY JUDGMENT HELD ON 06/18/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: HOWARD REBEN Plaintiff's Attorney: REBECCA S WEBBER TAPE NO 323 INDEX NO'S 4342-5381 MOTION FOR SUMMARY JUDGMENT GRANTED ON THE PROMISSORY NOTE ONLY. MOTION TO AMEND ANSWER IS PENDING, COUNSEL TO OPPOSE 06/19/2009 Party(s): TOM WEISS MOTION - OTHER MOTION MOOT ON 06/18/2009 Page 3 of 10 printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD THOMAS E DELAHANTY II, JUSTICE PLT MOTION TO SUPPLEMENT PLAINTIFF'S ADDITIONAL STATEMENT OF MATERIAL FACTS WITH SUPPLEMENT TO PLT'S ADDITIONAL STATEMENT OF MATERIAL FACTS WITH INCORPORATED MEMORANDUM OF LAW REC'D 04-28-09: DEFENDANT'S OPPOSITION FILED. REC'D 05-05-09: PLT'S REPLY FILED. REC'D 5-5-09: DEF REPLY TO PLT REPLY FILED. 06/19/2009 Party(s): THAYER CORPORATION MOTION - MOTION SUMMARY JUDGMENT GRANTED ON 06/18/2009 THOMAS E DELAHANTY II, JUSTICE SEE JUDGMENT 06/19/2009 FINDING - JUDGMENT DETERMINATION ENTERED ON 06/18/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 06/19/2009 ORDER - PARTIAL SUMMARY JUDGMENT ENTERED ON 06/18/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL Judgment entered for THAYER CORPORATION and against TOM WEISS in the amount of $15000.00. AFTER REVIEW OF ALL RELEVANT PLEADINGS AND AFTER ORAL ARGUMENT, THE COURT FINDS THAT THERE IS NO DISPUTE AS TO MATERIAL FACTS AS TO THE EXISTENCE AND TERMS OF THE PROMISSORY NOTE AND THAT THAYER CORP. IS ENTITLED TO SUMMARY JUDGMENT, IN PART, THAT WEISS IS LIABLE TO THAYER FOR THE PRINCIPAL AMOUNT OF THE NOTE OF $15,000 PLUS INTEREST; HOWEVER THERE IS A DISPUTE AS TO THE AMOUNT OF MONEY DUE TO WEISS, IF ANY, AND WHEN IT WAS DUE. THIS WILL EFFECT THE AMOUNT DUE FROM ONE PARTY TO THE OTHER; THEREFORE SUMMARY JUDGMENT IS NOT APPOPRIATE ON THE WHOLE CLAIM BY EITHER PARTY. SO ORDERED. 06/22/2009 Party(s): TOM WEISS MOTION - MOTION TO AMEND PLEADING FILED ON 06/17/2009 AMEND ANSWER TO STATE ADDITIONAL AFFIRMATIVE DEFENSE REC'D 07-09-09: REPLY FILED. REC'D 07-02-09: OPPOSITION FILED. 06/22/2009 Party(s): TOM WEISS OTHER FILING - TRANSCRIPT ORDER FORM FILED ON 06/22/2009 06/22/2009 Party(s): TOM WEISS OTHER FILING - TRANSCRIPT ORDER FORM SENT TO REPORTER/ER ON 06/22/2009 06/26/2009 Party(s): TOM WEISS OTHER FILING - OTHER DOCUMENT FILED ON 06/25/2009 LETTER FROM THE OFFICE OF TRANSCRIPT PRODUCTION TO HOWARD REBEN, ESQ. 07/15/2009 Party(s): TOM WEISS MOTION - MOTION TO AMEND PLEADING GRANTED ON 07/14/2009 THOMAS E DELAHANTY II, JUSTICE DEFENDANT MAY FILE AN AMENDED ANSWER WITH THE COURT. A RESPONSIVE PLEADING BY PLAINTIFF IS NOT REQUIRED. COPIES TO COUNSEL ON 7-15-09 08/27/2009 Party(s): THAYER CORPORATION MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 08/27/2009 Page 4 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD THAYER CORPORATION'S AGREED TO MOTION TO EXTEND THE DEADLINE FOR FILING DISPOSITIVE MOTIONS FOR TWO WEEKS IN ORDER TO ACCOMODATE THE NEED TO DELAY DEPOSITIONS, INCLUDING THAT OF WEISS, TO NEAR THE END OF THE DISCOVERY PERIOD. 08/28/2009 party(s): THAYER CORPORATION MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 08/28/2009 THOMAS E DELAHANTY II, JUSTICE THE DEADLINE FOR FILING DISPOSITVIE MOTIONS IS HEREBY EXTENDED TO 11/13/09 09/17/2009 OTHER FILING - TRANSCRIPT FILED ON 09/16/2009 OF HEARING ON JUNE 18, 2009 09/21/2009 Party(s): THAYER CORPORATION SUBPOENA - SUBPOENA TO TESTIFY FILED ON 09/21/2009 ANDREW KRESSBACH 09/30/2009 Party(s): TOM WEISS MOTION - MOTION TO AMEND PLEADING FILED ON 09/30/2009 UNOPPOSED WITH DRAFT ORDER 10/01/2009 TRANSFER - APPLICATION TO TRANSFER TO BCD FILED ON 10/01/2009 10/01/2009 TRANSFER - APPLICATION TO TRANSFER TO BCD SENT TO BCD ON 10/01/2009 10/05/2009 party(s): TOM WEISS MOTION - MOTION TO AMEND PLEADING GRANTED ON 10/02/2009 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL 10/05/2009 party(s): TOM WEISS SUPPLEMENTAL FILING - AMENDED COMPLAINT FILED ON 10/02/2009 10/07/2009 HEARING - 26(G) CONFERENCE HELD ON 10/07/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN NO SPECIFIC RULING MADE. COUNSEL INFORMED THAT THE COURT EXPECTS APPROPRIATE DEMEANOR AND COOPERATION BETWEEN EXPERIENCED COUNSEL. APPROPRIATE AND TIMELY BREAKS SHOULD BE ALLOWED. 10/15/2009 party(s): THAYER CORPORATION OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 10/15/2009 THAYER CORPORATION 10/19/2009 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 10/16/2009 10/19/2009 Party(s): TOM WEISS OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 10/16/2009 PLT'S 10/28/2009 Party(s): THAYER CORPORATION MOTION - MOTION IN LIMINE FILED ON 10/28/2009 (DEF'S) WITH DRAFT ORDER REC'D ON 11/16/09 OPPOSITION FILED BY PLA[NTIFF REC'D ON 12/14/2009 DEF'S REPLY Page 5 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD 11/17/2009 Party(s): TOM WEISS MOTION - MOTION IN LIMINE FILED ON 11/16/2009 WITH MEMORANDUM OF LAW, DRAFT ORDER, PLAINTIFF REC'D ON 12/14/09 DEF'S OPPOSITION 11/24/2009 LETTER - FROM NON-PARTY FILED ON 11/24/2009 LETTER FROM REBECCA WEBBER, ESQ RE: PARTIES AGREE TO ALLOW UNTIL 12/2/09 FOR THAYER TO FILE A REPLY TO WEISS'S OPPOSITION TO THEYER'S MOTION IN LIMINE 12/01/2009 LETTER - FROM NON-PARTY FILED ON 12/01/2009 FROM REBECCA WEBBER, ESQ. STATING THAT PARTIES HAVE AGREED TO A 10 DAY EXTENSION TO FILE A REPLY 12/17/2009 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - EXHIBIT LIST FILED ON 12/17/2009 AMENDED (THAYER CORP) 12/29/2009 ORDER - PRETRIAL/STATUS ENTERED ON 12/24/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 12/29/2009 TRIAL - JURY TRIAL SCHEDULED FOR 02/09/2010 12/29/2009 HEARING - TRIAL MANAGEMENT CONFERENCE SCHEDULED FOR 02/02/2010 @ 2:15 NOTICE TO PARTIES/COUNSEL 01/19/2010 party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - OTHER DOCUMENT FILED ON 01/19/2010 THAYER'S DESIGNATION OF DEPOSITION TESTIMONY FOR TRIAL 01/26/2010 Party(s): THAYER CORPORATION DISCOVERY FILING - DEPOSITION TRANSCRIPT FILED ON 01/25/2010 OF TOM WEISS AND ROBERT KRESSBACH (COPIES) 01/26/2010 Party(s): TOM WEISS OTHER FILING - WITNESS LIST FILED ON 01/26/2010 PLT WEISS REC'D ON 1/29/10 OBJECTION 01/26/2010 Party(s): TOM WEISS OTHER FILING - EXHIBIT LIST FILED ON 01/26/2010 PLT WEISS 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION JURY FILING - PROPOSED SPECIAL VERDICT FORM FILED ON 01/29/2010 DEF'S 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION JURY FILING - PROPOSED VOIR DIRE FILED ON 01/29/2010 DEF'S 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION JURY FILING - PROPOSED JURY INSTRUCTIONS FILED ON 01/29/2010 Page 6 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD DEF'S 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 01/29/2010 THAYER CORP 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - TRIAL BRIEF FILED ON 01/29/2010 THAYER CORP. 01/29/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - OTHER DOCUMENT FILED ON 01/29/2010 PROPOSED STIPULATION FOR TRIAL FILED BY THAYER CORP. 02/01/2010 Party(s): TOM WEISS,TOM WEISS JURY FILING - PROPOSED JURY INSTRUCTIONS FILED ON 02/01/2010 02/01/2010 Party(s): TOM WEISS,TOM WEISS JURY FILING - PROPOSED VOIR DIRE FILED ON 02/01/2010 02/01/2010 Party(s): TOM WEISS,TOM WEISS JURY FILING - PROPOSED SPECIAL VERDICT FORM FILED ON 02/01/2010 02/02/2010 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 02/02/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN ORDER FILED 02/05/2010 Party(s): TOM WEISS OTHER FILING - OTHER DOCUMENT FILED ON 02/05/2010 MEMORANDUM OF LAW ON UNCONSIONABILITY WITH NOTORIZED AFFIDAVIT OF TOM WEISSREC'D ON 2/8/10 THAYER'S OPPOSITION. 02/05/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - OTHER DOCUMENT FILED ON 02/05/2010 THAYER'S OBJECTION TO DEPOSITION DESIGNATIONS BY WEISS AND COUNTERDESIGNATIONS 02/09/2010 TRIAL - JURY TRIAL SELECTED ON 02/09/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN CASE TO BEGIN ON WEEK OF 2/22/10 02/10/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 02/10/2010 02/12/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION MOTION - MOTION TO QUASH SUBPOENA FILED ON 02/12/2010 WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING 02/16/2010 LETTER - FROM NON-PARTY FILED ON 02/16/2010 FROM HOWARD REBEN, ESQ. REQUESTING A CONFERENCE CALL ON ISSUES TO BE RESOLVED PRIOR TO Page 7 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD TRIAL. 02/17/2010 Party(s): TOM WEISS,TOM WEISS OTHER FILING - EXHIBIT LIST FILED ON 02/17/2010 PLT'S AMENDED 02/18/2010 party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 02/11/2010 DANIEL THAYER 02/18/2010 Party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY FILED ON 02/17/2010 02/18/2010 Party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 02/17/2010 KENNETH CHAMPAGNE 02/18/2010 Party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY FILED ON 02/17/2010 02/18/2010 Party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 02/11/2010 JEFFREY WINGATE 02/18/2010 Party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY FILED ON 02/17/2010 02/18/2010 Party(s) : TOM WEISS,TOM WEISS SUBPOENA SUBPOENA TO TESTIFY SERVED ON 02/11/2010 DAVID REED 02/18/2010 party(s): TOM WEISS,TOM WEISS SUBPOENA - SUBPOENA TO TESTIFY FILED ON 02/17/2010 02/24/2010 TRIAL - JURY TRIAL HELD ON 02/22/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN Reporter: PENNY PHILBRICK-CARVER JURY SWORN IN OPENING STATEMENTS HEARD TESTIMONY BEGINS 02/24/2010 TRIAL - JURY TRIAL HELD ON 02/23/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REB EN Reporter: PENNY PHILBRICK-CARVER DAY TWO, TESTIMONY CONTINUES PLT RESTS, DEF FILES IN WRITTING A MOTION FOR JUDGMENT ON MATTER OF LAW (DELAHANTY J) GRANTED AS TO COUNTS II AND III, DENIED AS TO COUNT I. 02/24/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION MOTION - MOTION JUDGMENT MATTER OF LAW FILED ON 02/23/2010 WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING 02/24/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION MOTION - MOTION JUDGMENT MATTER OF LAW GRANTED ON 02/23/2010 Page 8 of 10 Printed on: 03/02/2010 AUBSC-CV-2008-00190 DOCKET RECORD THOMAS E DELAHANTY II, JUSTICE GRANTED AS TO COUNTS II AND III, DENIED AS TO COUNT I 02/24/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION JURY FILING - PROPOSED JURY INSTRUCTIONS FILED ON 02/24/2010 THAYER CORP 02/24/2010 Party(s): TOM WEISS,TOM WEISS JURY FILING - PROPOSED JURY INSTRUCTIONS FILED ON 02/24/2010 WEISS'S 02/25/2010 TRIAL - JURY TRIAL HELD ON 02/04/2010 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: REBECCA S WEBBER Plaintiff's Attorney: HOWARD REBEN Reporter: PENNY PHILBRICK-CARVER TESTIMONY CONTINUES BOTH PARTIES REST FINALLY, CLOSING STATEMENTS HEARD JURY INSTRUCTIONS GIVEN, JURY CHARGED AND BEGAN DELIBERATION. COUNSEL HEARD ONARGUMENT OF PROMISSORY NOTE WITH JUDGE ONLY. DECISION ON NOTE TAKEN UNDER ADVISEMENT. 02/25/2010 VERDICT - JURY VERDICT RETURNED ON 02/24/2010 SPECIAL VERDICT FORM 02/25/2010 FINDING - JUDGMENT DETERMINATION ENTERED ON 02/25/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO ORDER - COURT JUDGMENT ENTERED ON 02/25/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL JUdgment entered on COUNT 1 for TOM WEISS and against THAYER CORPORATION in the amount of $44700.00. JUDGMENT FOR PLAINTIFF TOM WEISS AGAINST THAYER CORPORATION IN THE AMOUNT OF 44,700 PLUS PRE-JUDGMENT INTEREST OF 6.42% AND POST-JUDGMENT INTEREST OF 9.42%. PLAINTIFF TOM WEISS IS ENTITLED TO AN ADDITIONAL SUM OF $89,400 AS LIQUIDATED DAMAGES, PLUS POST-JUDGMENT INTEREST OF 9.42%. PLAINTIFF TOM WEISS IS ALSO AWARDED COSTS AS AI,LOWED BY STATUTE AND RULE AND ATTORNEY FEES AS PROVIDED IN THIS ORDER. Judgment entered for THAYER CORPORATION and against TOM WEISS in the amount of $15000.00. THE JUDGMENT FOR THAYER CORPORATION ON THE PROMISSORY NOTE SHALL INCLUDE INTEREST AT THE RATE OF 8% FROM DECEMBER 7, 2007, TO JUNE 30, 2008 AND AT 18% FROM JULY I, 2008 UNTIL THE NOTE IS PAID IN FULL. 02/25/2010 FINDING - FINAL JUDGMENT CASE CLOSED ON 02/25/2010 02/25/2010 Party(s): THAYER CORPORATION,THAYER CORPORATION MOTION - MOTION TO QUASH SUBPOENA MOOT ON 02/25/2010 02/25/2010 Party(s): TOM WEISS MOTION - MOTION IN LIMINE MOOT ON 02/25/2010 02/25/2010 party(s): THAYER CORPORATION MOTION - MOTION IN LIMINE MOOT ON 02/25/2010 Page 9 of 10 Printed on: 03/02/2010 AUBSC-CV-200B-00190 DOCKET RECORD 03/01/2010 Party(s): TOM WEISS,TOM WEISS OTHER FILING - OTHER DOCUMENT FILED ON 03/01/2010 POST-JUDGMENT MEMORANDUM OF LAW REGARDING INTEREST RATE ON PROMISSORY NOTE. A TRUE COPY ATTEST: Clerk Page 10 of 10 Printed on: 03/02/2010
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