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Court Case Record KEVIN MOREIRA vs. MASS DEPARTMENT OF CORRECTION 2013-P-0978 UID(7343)


KEVIN MOREIRA vs. MASS DEPARTMENT OF CORRECTION Court Case Record

Court Case Number: 2013-P-0978


 
Case Number2013-P-0978
Case TitleKEVIN MOREIRA vs. MASS DEPARTMENT OF CORRECTION
Case TypeCivil
StateMassachusetts, MA
CountyInd Accident Rev Bd
CourtInd Accident Rev Bd
Court Address
Phone
Field Date07/06/2009
Close Date04/22/2014

Parties

CounselNameType
Brian R. Sullivan, EsquireKevin MoreiraPlaintiff/Appellee
Patricia G. Noone, EsquireMass Department CorrectionDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
06/21/2013 #8 Letter request to enter, filed by Mass Department of Correction.
06/21/2013 #9 Entered.
06/21/2013 #10 Notice of entry sent.
07/01/2013 #11 Docketing Statement received from Mass Department of Correction.^
07/29/2013 #12 SERVICE of brief & appendix for Defendant/Appellant Mass Department of Correction.
08/07/2013 #13 Motion to substitute corrected brief, filed by Mass Department of Correction.
08/08/2013 #14 RE#5: Allowed and accepted for filing. *Notice.
08/08/2013 #15 SERVICE of replacement brief for Defendant/Appellant Mass Department of Correction.
09/04/2013 #1 SERVICE of brief for Plaintiff/Appellee Kevin Moreira.
10/11/2013 #2 Notice sent seeking information on unavailability for oral argument in December 2013
11/12/2013 #3 Notice sent seeking information on unavailability for oral argument in January 2014
12/09/2013 #4 Notice of 01/16/2014, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
01/16/2014 #5 Oral argument held. (Graham, J., Brown, J., Maldonado, J.).
03/25/2014 #6 Decision: Rule 1:28 Decision of reviewing board affirmed (Graham, Brown & Maldonado, JJ.). *Notice.
04/22/2014 #7 RESCRIPT to Trial Court.
07/25/2014 Motion for attorney's fees, filed by Kevin Moreira. ^
08/04/2014 Revised Motion for attorney's fees, filed by Kevin Moreira@
08/04/2014 Motion to enlarge time to respond to motion for attorney's fees, filed by Mass Department of Correction^
08/07/2014 RE#12: Denied without prejudice to renewal, on or before 8/15/14 as a request to enlarge to a date certain the time for filing a response to the application for attorney's fees (by the court). *Notice.
08/11/2014 Motion to enlarge time to respond to motion for attorney's fees, filed by Mass Department of Correction@
08/11/2014 OPPOSITION to paper #11, filed by Mass Department of Correction@
12/15/2014 ORDER: On March 25, 2014, this court entered a decision and order affirming a judgment of the Department of Industrial Accidents reviewing board's summary affirmance of a decision by an administrative judge in which the judge ordered the Department of Correction, the self-insurer, to pay the employee, Kevin Moreira benefits under G.L. c. 152. Pursuant to this court's order the plaintiff has filed a belated request for an award of appellate attorney's fees. G. L. c. 152, ยง 12A provides that, if the self-insurer files an appeal to the Appeals Court and the claimant prevails, the court shall allow the claimant an amount equal to the reasonable cost of his or her attorney's fees. The amount sought by the plaintiff for attorneys' fees is $29, 750. The amount of the fees, however, is circumscribed by the requirement that the amount be reasonable. In this type of case, our discretion to award fees is not predominantly success driven, but equitable in nature. In determining the amount of attorneys' fees that are due, the Supreme Judicial Court has directed that courts follow the "lodestar" formula, which multiplies the hours reasonably spent by reasonable hourly rates, Berman v. Linnane, 434 Mass. 301, 303 (2001), and "expressly recognizes that 'conservative principles'. . . are to govern where the fees being awarded are to be paid by the adversary." In re Estate of King, 455 Mass. 796, 808-809 (2010). Applying these principles, we determine that the amount of attorneys' fees sought by the plaintiff (85 hours @$350 per hour) is high for a case of this nature. "This is not a case...in which responsibility, novelty, difficulty, unusual skill, standing at the bar, or spectacular results achieved need be placed in the equation." Olmstead v. Murphy, 21 Mass. App. Ct. 664, 665 (1986). We therefor award to the plaintiff attorneys' fees in the amount of $23,520 (Graham, Brown & Maldonado, JJ.). Notice/attest