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Court Case Record KEVEN A. HALLIDAY & another vs. PREMIER CAPITAL, LLC 2012-P-1193 UID(3929)


KEVEN A. HALLIDAY & another vs. PREMIER CAPITAL, LLC Court Case Record

Court Case Number: 2012-P-1193


 
Case Number2012-P-1193
Case TitleKEVEN A. HALLIDAY & another vs. PREMIER CAPITAL, LLC
Case TypeCivil
StateMassachusetts, MA
CountyPlymouth
CourtPlymouth Superior Court
Court Address
Phone
Field Date06/07/2006
Close Date11/29/2013

Parties

CounselNameType
Roger S. Davis, EsquireKeven A. HallidayPlaintiff/Appellee
Roger S. Davis, EsquireHalliday & Sons, Inc.Plaintiff/Appellee
Thomas J. Morrissey, EsquirePremier Capital, LLCDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
07/30/2012 #1 Entered.
07/30/2012 #2 Notice of entry sent.
09/11/2012 #3 MOTION to extend brief & appendix due date, filed by Premier Capital, LLC.
09/11/2012 #4 RE#2: Denied without prejudice to renewal upon submission of a civil docketing statement pursuant to the Appeals Court Pilot Program. *Notice.
09/18/2012 #5 Docketing Statement received from Premier Capital, LLC.^
09/18/2012 #6 MOTION for leave to file brief & appendix late, filed by Premier Capital, LLC.
09/19/2012 #7 RE#4: Allowed. Appellant's brief and record appendix accepted for filing this date. Appellee's brief is due on or before 10/19/12. *Notice.
09/19/2012 #8 SERVICE of 7 briefs, 7 (1 vol.) appendices, 5 (1 vol.) exhibits and 2 (1 vol.) transcripts for Defendant/Appellant Premier Capital, LLC.
10/19/2012 #9 SERVICE of brief for Plaintiffs/Appellees Keven A. Halliday & Halliday & Sons, Inc.
02/12/2013 #10 Notice sent seeking information on unavailability for oral argument in April 2013
02/13/2013 #11 Letter of Roger S. Davis, Esquire unavailable for oral argument 4/3, 4/10.
03/16/2013 #12 Notice sent seeking information on unavailability for oral argument in May 2013
03/16/2013 #13 Notice of 04/02/2013, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
04/02/2013 #14 Oral argument held. (Vuono, J., Carhart, J., Agnes, J.).
11/01/2013 Decision: Rule 1:28 Judgment affirmed. (Vuono, Carhart, Agnes, JJ.). *Notice.
11/05/2013 Request for appellate attorney's fees and double costs, filed by Keven A. Halliday, & Halliday & Sons, Inc.@
11/29/2013 RESCRIPT to Trial Court.
01/15/2014 Letter from Roger S. Davis re: Status of application for attorney's fees and costs. @
01/22/2014 ORDER: On November 1, 2013, we rendered our opinion and order affirming the judgment of the Superior Court.[2] We also granted the appellee's request for appellate attorneys' fees and double costs. Thereafter, the appellee filed an application[3] for an award of attorneys' fees and costs in the following amounts: (1) for the legal services rendered by Roger S. Davis, the sum of $15,400.00, and (2) for costs, the sum of $95.00. The appellant has not filed an opposition. We have considered the requested fees under the lodestar method approved by our cases. See Fontaine v. Ebtek Corp., 415 Mass. 309, 325 (1993). The amount charged per hour, $400.00, is not excessive, and the verified and itemized time sheets show general efficiency. Nonetheless, in reviewing the description of services provided, we subtract 6.0 hours of work performed in connection with work on the opposition brief and preparation for oral argument. We also observe that certain tasks are clearly clerical, such as filing a brief. We think it inappropriate to charge $400.00 per hour for such tasks. We are "not required to review and allow or disallow each individual item in the bill, but [may] consider the bill as a whole." Berman v. Linnane, 434 Mass. 301, 303 (2001). Therefore, we award appellate attorneys' fees against the appellant in the amount of $11,500.00 and double costs in the amount of $190.00 (Vuono, Carhart & Agnes, JJ.). Notice/attest Footnotes [1] Halliday & Sons, Inc. [2] See Halliday v. Premier Capital, LLC, 12-P-1193 (2013). [3] The appellee's submission is supported by an affidavit from Attorney Roger S. Davis detailing the services rendered.
02/19/2014 Request for modification of court order of 1/22/14, paper #12, filed by Keven A. Halliday, & Halliday & Sons, Inc.@
02/26/2014 RE#13: Allowed. (Vuono, Carhart, Agnes, JJ.) *Notice.
02/26/2014 REVISED ORDER: On November 1, 2013, we rendered our opinion and order affirming the judgment of the Superior Court. [2] We also granted the appellee's request for appellate attorneys' fees and double costs. Thereafter, the appellee filed an application [3] for an award of attorneys' fees and costs in the following amounts: (1) for the legal services rendered by Roger S. Davis, the sum of $15,400.00, and (2) for costs, the sum of $95.00. The appellant has not filed an opposition. We have considered the requested fees under the lodestar method approved by our cases. See Fontaine v. Ebtek Corp., 415 Mass. 309, 325 (1993). The amount charged per hour, $400.00, is not excessive, and the verified and itemized time sheets show general efficiency. Nonetheless, in reviewing the description of services provided, we subtract 6.0 hours of work performed in connection with work on the opposition brief and preparation for oral argument. We also observe that certain tasks are clearly clerical, such as filing a brief. We think it inappropriate to charge $400.00 per hour for such tasks. We are "not required to review and allow or disallow each individual item in the bill, but [may] consider the bill as a whole." Berman v. Linnane, 434 Mass. 301, 303 (2001). Therefore, we award appellate attorneys' fees against the appellant in the amount of $11,500.00 and double costs in the amount of $190.00. This order shall be enforceable as an order of the trial court. (Vuono, Carhart & Agnes, JJ.). *Notice/Attest. Footnotes 2. See Halliday v. Premier Capital, LLC, 12-P-1193 (2013). 3. The appellee's submission is supported by an affidavit from Attorney Roger S. Davis detailing the services rendered.