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Court Case Record STRATEGIC INTERVENTION ASSOCIATES, INC. & another vs. MICHAEL N. MILLER & another 2011-J-0300 UID(aef7)


STRATEGIC INTERVENTION ASSOCIATES, INC. & another vs. MICHAEL N. MILLER & another Court Case Record

Court Case Number: 2011-J-0300


 
Case Number2011-J-0300
Case TitleSTRATEGIC INTERVENTION ASSOCIATES, INC. & another vs. MICHAEL N. MILLER & another
Case TypeCivil
StateMassachusetts, MA
CountyNorfolk
CourtNorfolk Superior Court
Court Address
Phone
Field Date07/11/2011
Close Date09/21/2011

Parties

CounselNameType
Paul A. Cooperstein, Esquire Foster Jay Cooperstein, EsquireStrategic Intervention AssociatePlaintiff/Petitioner
Paul A. Cooperstein, EsquireTom TruongPlaintiff/Respondent
Darragh K. Kasakoff, Esquire Karla Mansur, EsquireMichael N. MillerDefendant/Petitioner
Darragh K. Kasakoff, Esquire Karla Mansur, EsquireKinaeda CorporationDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
07/11/2011 #1 Appeal entered pursuant to M.G.L.c. 231, § 6(G) with attachments (Kinaeda Corporation).
07/12/2011 #2 Relevant papers as mandated by M.G.L.c. 231, §6G, received from Kinaeda Corporation.
07/13/2011 #3 ORDER: The above-captioned matter is an appeal from an order of attorneys' fees pursuant to G. L. c. 231, §6G. Action on the within is stayed pending plenary review of the underlying case, currently awaiting entry on the panel docket of this Court. See Bailey v. Shriberg, 31 Mass. App. Ct. 277, 282 (1991). The provision of the trial court order that the attorneys' fees be paid within 30 days is similarly stayed. Petitioner is to file a status report when the plenary appeal is docketed. *Notice/Attest.
07/22/2011 #4 ORDER: The above-captioned matter was entered as defendant Kinaeda Corporation's appeal from an order of attorneys' fees pursuant to G. L. c. 231, §6G and stayed pending entry and plenary review of the appeal from the underlying judgment. On July 20, 2011, the trial court transmitted to this court the notice of assembly pursuant to c. 231, §6G of the cross- appeal of plaintiff Strategic Intervention Associates, Inc., as to the amount of the attorneys' fees awarded in the trial court. That appeal is hereby consolidated with the pending appeal in this matter and stayed pursuant to the order of July 13, 2011. A status report is to be filed when the appeal from the underlying judgment is entered on the panel docket. Notice/attest
07/25/2011 #5 Appeal entered pursuant to M.G.L.c. 231, § 6(G) with attachments (Strategic Intervention Associates, Inc).
08/11/2011 #6 Copy of trial court pleadings, received from Attorney Foster Jay Cooperstein.
08/31/2011 #7 Letter from Attorney Foster Jay Cooperstein re: Status Report.
09/07/2011 #8 Status report, filed by Michael N. Miller, & Kinaeda Corporation.
09/21/2011 #9 ORDER: In this appeal from a Superior Court decision awarding the plaintiff attorney's fees as a sanction under G. L. c. 231, § 6F, Bailey v. Shriberg, 31 Mass. App. Ct. 277, 282 (1991), defendant Miller appeals from the award, and the plaintiff seeks additional fees in what appears to be an untimely cross-appeal. The plaintiff requested sanctions after the denial of Miller's action seeking to vacate and set aside a certain agreement for judgment between the parties filed on March 23, 2011. The judge found that Miller's action seeking to "unravel" the agreement was "patently frivolous" because he had not been forced to enter the agreement, had been represented by counsel during negotiations leading to the agreement, and was represented throughout these proceedings. She concluded that Miller's claims "were wholly insubstantial, frivolous and not advanced in good faith." Using the "lodestar method," the judge arrived at an award of $2,500 to the plaintiff as a reasonable amount of attorney's fees incurred in opposing Miller's action. Upon review of the submitted materials, the judge's order is affirmed. (Cypher, J.) *Notice/Attest. Footnote: 1. Tom Truong 2. Individually and as trustee of the Oklahoma Heritage Realty Trust. 3. Kinaeda Corporation.