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Court Case Record JANETTE BRICENO-FARRIER vs. NZENWA AUGUSTINE CHIMA 2011-P-1809 UID(147c)


JANETTE BRICENO-FARRIER vs. NZENWA AUGUSTINE CHIMA Court Case Record

Court Case Number: 2011-P-1809


 
Case Number2011-P-1809
Case TitleJANETTE BRICENO-FARRIER vs. NZENWA AUGUSTINE CHIMA
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date06/09/2010
Close Date11/15/2012

Parties

CounselNameType
Jess Kyle Wagner, EsquireJanette Briceno-FarrierPlaintiff/Appellee
Nzenwa Augustine Chima, EsquireNzenwa Augustine ChimaDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
10/20/2011 #1 Entered.
10/20/2011 #2 Notice of entry sent.
11/03/2011 #3 Notice of appearance of Jess Kyle Wagner for Janette Briceno-Farrier.
11/28/2011 #4 MOTION to extend brief & appendix due date, filed by Nzenwa Augustine Chima.
11/29/2011 #5 RE#3: Extension to 12/13/2011 granted for filing of brief of Nzenwa Augustine Chima, Defendant/Appellant. Notice to counsel.
12/09/2011 #6 Notice to Nzenwa Augustine Chima that brief is non-conforming for the reasons indicated on the checklist: 6. The party has until 12/19/2011 to file a conforming brief and appendix or a motion to accept nonconforming brief and appendix.
01/11/2012 #7 MOTION to Dismiss Appeal Pursuant to M.R.A.P. 19(c), filed by Janette Briceno-Farrier.
01/11/2012 #8 RE#5: Notice preceding dismissal pursuant to the Standing Order to issue forthwith. *Notice.
01/13/2012 #9 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
01/17/2012 #10 SERVICE of brief & appendix for Defendant/Appellant Nzenwa Augustine Chima.
02/16/2012 #11 SERVICE of brief for Plaintiff/Appellee Janette Briceno-Farrier.
03/01/2012 #12 SERVICE of reply brief for Defendant/Appellant Nzenwa Augustine Chima.
09/06/2012 Under consideration by Panel. (Cypher, J., Berry, J., Agnes, J.).
10/01/2012 Decision: Rule 1:28 Judgment affirmed. (Cypher, Berry, Agnes, JJ.). *Notice.
10/11/2012 Motion for attorney's fees and costs, filed by Janette Briceno-Farrier.@
10/19/2012 OPPOSITION to paper #10, filed by Nzenwa Augustine Chima.@
11/15/2012 RESCRIPT to Trial Court.
11/30/2012 ORDER: On October 1, 2012, in a memorandum and order pursuant to rule 1:28, this court affirmed a judgment of the Housing Court ordering the defendant to pay various costs associated with the repair and repossession of the plaintiff's residential rental property[1]. We awarded the plaintiff double costs pursuant to G. L. c. 211A, ยง 15 and Mass.R.A.P. 26, as amended, 378 Mass. 925 (1979). We also granted the plaintiff leave to file a petition for attorney's fees pursuant to Fabre v. Walton, 441 Mass. 9, 10-11 (2004). The plaintiff filed a petition with supporting documentation itemizing attorney's fees in the amount of $4,760.00 and costs in the amount of $81.99. The defendant filed an opposition, but that opposition states nothing that alters our decision to award attorney's fees and double costs. After reviewing the plaintiff's itemized fee schedule and affidavit, we conclude that the hourly rate billed by plaintiff's counsel ($200/hour) reflects reasonable market rates. With that in mind, we calculate attorney's fees by the lodestar method, "multiplying the number of hours reasonably spent on this case times a reasonable hourly rate." Fontaine v. Ebtec Corp., 415 Mass. 309, 324 (1993). Applying this formula, the plaintiff is entitled to attorney's fees in the amount of $4760.00. As noted, the plaintiff is entitled to double costs, which amounts to total costs of $163.98. In sum, we award to the plaintiff attorney's fees and costs in the amount of $4923.98. This order may be enforced as an order of the trial court. So ordered. (Cypher, Berry & Agnes, JJ.). *Notice/Attest. Footnote 1. See Briceno-Farrier v. Chima, 82 Mass. App. Ct. 1114 (2012).