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Court Case Record SHAWN HOUGH vs. AIM MUTUAL INSURANCE CO. 2011-P-1693 UID(29f1)


SHAWN HOUGH vs. AIM MUTUAL INSURANCE CO. Court Case Record

Court Case Number: 2011-P-1693


 
Case Number2011-P-1693
Case TitleSHAWN HOUGH vs. AIM MUTUAL INSURANCE CO.
Case TypeCivil
StateMassachusetts, MA
CountyInd Accident Rev Bd
CourtInd Accident Rev Bd
Court Address
Phone
Field Date09/08/2008
Close Date02/06/2013

Parties

CounselNameType
James N. Ellis, Esquire Charles E. Berg, Esquire Teresa Brooks Benoit, EsquireShawn HoughPlaintiff/Appellant
Holly B. Anderson, EsquireAIM Mutual Insurance Co.Defendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
09/29/2011 #1 Entered.
09/29/2011 #2 Notice of entry sent.
11/10/2011 #3 Appearance of Charles E. Berg, Esquire, as co-counsel for Shawn Hough.
11/10/2011 #4 Motion for oral argument and for attorney's fees and costs, filed by Shawn Hough.
11/14/2011 #5 RE#3: As to the motion for oral argument, denied without prejudice to renewal after briefing is completed. As to the motion for fees and costs, denied without prejudice to renewal in the plaintiff's brief. Notice.. *Notice.
11/10/2011 #6 SERVICE of brief & appendix (1 vol) for Plaintiff/Appellant Shawn Hough.
11/17/2011 #7 MOTION to extend brief due date of AIM Mutual Insurance Co..
11/17/2011 #8 RE#5: Extension to 02/10/2012 granted for filing of brief of AIM Mutual Insurance Co., Defendant/Appellee. Notice to counsel.
02/10/2012 #9 MOTION to file supplemental appendix, filed by AIM Mutual Insurance Co..
02/14/2012 #10 RE#6: Allowed for filing brief and supplemental appendix this date. *Notice.
02/10/2012 #11 SERVICE of brief & supplemental appendix for Defendant/Appellee AIM Mutual Insurance Co..
05/02/2012 #12 Notice of 06/04/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
06/04/2012 #13 Oral argument held. (Vuono, J., Sikora, J., Fecteau, J.).
06/05/2012 #14 Letter pursuant to MRAP 16(l) filed by AIM Mutual Insurance Co.@
06/12/2012 Letter pursuant to MRAP 16(l) filed by Shawn Hough.@
11/16/2012 Decision: Rule 1:28 Decision of reviewing board affirmed.(Vuono, Sikora, Fecteau, JJ.). *Notice.
12/03/2012 Motion for panel to deem filing timely, filed by AIM Mutual Insurance Co.@
12/03/2012 Application for appellate attorney's fees and costs, filed by AIM Mutual Insurance Co.@
12/07/2012 Copy of FAR application of Shawn Hough.
02/06/2013 FAR DENIED (on 02/01/2013).
02/06/2013 RESCRIPT to Trial Court.
02/14/2013 ORDER: On November 16, 2012, we rendered our opinion and order affirming the amended judgment of the Reviewing Board of the Department of Industrial Accidents [1]. We also granted the appellee's request for appellate attorney's fees and double costs. Thereafter, the appellee filed an application [2] for an award of attorneys' fees and costs in the following amounts: (1) for the legal services rendered by attorneys Holly B. Anderson, Robert J. Riccio, and Peter P. Harney, the sum of $9,806.00, and (2) for costs the sum of $1,606.25. 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 proposed hourly rate is modest and the verified and itemized time sheets show general efficiency. Nonetheless, we subtract 8.0 hours of work performed in connection with preparation for oral argument between May 31 and June 3, 2012, and 2.0 hours of work performed in connection with reviewing the brief in February, 2012. We therefore award appellate attorneys' fees jointly and severally against the appellant and appellant's attorneys, Charles e. Berg, James N. Ellis, Sr., and Teresa Brooks Benoit in the amount of $8,706.00, and double costs in the amount of $3,212.50. So ordered. (Vuono, Sikora & Fecteau, JJ.). *Notice/Attest. Footnotes 1. See In re Case of Hough, 82 Mass. App. Ct. 1121 (2012). 2. The appellees' submission is supported by an affidavit from Attorney Holly B. Anderson detailing the services rendered and an invoice for printing services from Bateman & Slade.