Court Case Record BERNARD J. POINTER vs. VICTOR B. CASTELLANI & others 2010-J-0050 UID(60b3)

BERNARD J. POINTER vs. VICTOR B. CASTELLANI & others Court Case Record

Court Case Number: 2010-J-0050

Case Number2010-J-0050
Case TypeCivil
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date02/09/2010
Close Date02/17/2010


David L. Kelston, Esquire Max D. Stern, EsquireBernard J. PointerPlaintiff/Respondent
Gary S. Matsko, EsquireVictor B. CastellaniDefendant/Petitioner
Gary S. Matsko, EsquirePaul WoodberryDefendant/Petitioner
Gary S. Matsko, EsquireKathleen HerbertDefendant/Petitioner
Jon MaurerDefendant
Fletcher Granite Company, LLCDefendant
Stone Ridge Investments, LLCThird-party defendant
Stone Ridge Management, LLCThird-party defendant
Entry Date Paper Entry Text
02/09/2010 #1 Memo: ***** Financial Statement Impounded *****
02/09/2010 #2 Prior A.C. cases involving same parties: 2007-J-0488, 2008-P-1928.
02/09/2010 #3 PETITION pursuant to G.L. c. 231, s. 118 with attach, filed by Victor B. Castellani, Paul Woodberry & Kathleen Herbert.
02/12/2010 Opposition to #1 filed by Bernard J. Pointer.
02/17/2010 ORDER: "The individual defendants....filed this petition pursuant to G.L.c. 231, Sec. 118 (first para.) seeking review of a Superior Court Order requiring that they jointly and severally post a bond in the amount of $900,000...This case is presently before the Superior Court on remand from the Supreme Judicial Court....The Supreme Judicial Court remanded the matter after finding that a remedy imposed by the Superior Court judge....was improper....To secure a monetary remedy that might be awarded on remand..plaintiff requested a bond....The judge granted the request to set a the..amount of $900,000. A request for security, like injunctive addressed to the discretion of the trial court judge, and a single justice will not interfere with the exercise of that discretion in the absence of a clear error of law or abuse of discretion.......After careful consideration of all of the papers... it has not been made clear to me that the judge abused her discretion in ordering the defendants to post a bond in this situation, or in the amount granted. Accordingly, the petition is denied. (Fecteau, J.) *Notice/attest/Winkle, J./image.