Court Case Record Arthur Deskos vs. Servicemaster Dynamic Cleaning, Inc. & others 2010-J-0565

Arthur Deskos vs. Servicemaster Dynamic Cleaning, Inc. & others Court Case Record

Court Case Number: 2010-J-0565

Case Number2010-J-0565
Case TitleArthur Deskos vs. Servicemaster Dynamic Cleaning, Inc. & others
Case TypeCivil
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date12/16/2010
Close Date12/20/2010


John M. McAuliffe, EsquireArthur DeskosPlaintiff/Respondent
Andrew R. Weiner, EsquireServicemaster Dynamic Cleaning,Defendant/Petitioner
William D. Chapman, EsquireShagoury Insurance Agency, Inc.Defendant
Michael Lee Snyder, Esquire Richard L. Neumeier, EsquireTravelers Property Casualty CompDefendant
Entry Date Paper Entry Text
12/16/2010 #1 PETITION pursuant to G.L. c. 231, s. 118 with attach, filed by Servicemaster Dynamic Cleaning, Inc.
12/16/2010 #2 MOTION for stay under MRAP 6(A) with attach, filed by Servicemaster Dynamic Cleaning, Inc.
12/20/2010 #3 ORDER: "Pursuant to Mass.R.A.P. 6(a), petitioner Servicemaster has submitted an emergency request for a stay of the orders of the Superior Court compelling its president William Sweeney, to submit an affidavit "detailing that he has read and understood" the court's memorandum of decision and order dated November 26, 2010. By that document the court ordered dismissal of a suit by the plaintiff Arthur Deskos against Servicemaster (and two other defendant business entities) upon legal grounds (expiration of applicable statutes of limitations), but criticized its conduct upon moral grounds (exploitation of an aged and infirm customer). For the immediate circumstances, I order as follows. 1. By close of December 24, 2010, Mr. Sweeney shall submit an affidavit confirming that he has "read" the Superior Court memorandum and order of November 26, 2010. He need not affirm that he has "understood" it because that word carries the connotation of an admission before he has had the opportunity to submit an answer to the allegations of the plaintiff's complaint. 2. The same procedure shall apply to the orders of November 24 and December 14 addressed to Jay S. Fishman and Alan D. Schnitzer as officers of defendant Travelers Property Casualty Company. 3. By the close of December 30, 2010, Mr. Sweeney shall be entitled to submit a separate affidavit responding to the factual allegations of the plaintiff's final ("second amended") complaint. 4. In light of any such additional information and pertinent legal standards (including but not limited to Saltmarsh v. Saltmarsh, supra), the motion judge shall consider the content of the disputed footnote." (Sikora, J.) *Notice/Attest/Image.
12/28/2010 #4 Copy of Affidavit of compliance of William Sweeney, Jr., and certificate of service received from Andrew R. Weiner, Esquire as requested.
12/30/2010 #5 Letter from Andrew R. Weiner, Esquire re: The Phoenix Insurance Company & Arthur Deskos filed Notices of Appeal in the Superior Court.