Dalphonse v. St. Laurent & Sons, Inc.
This text of Dalphonse v. St. Laurent & Sons, Inc. (Dalphonse v. St. Laurent & Sons, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, ss. CIVIL ACTION . DOCKET NO. RE-0rl-i9\ . If.)., I V,IYV -A MJJ.. . . .J ,1/)1 J>;!:; ...... ,.r
DAVID A. DALPHONSE and RECEIVED & FILED SYRILLYN L. DALPHONSE, C'--rg ? 'J • tf ..., '.J 2010 Plaintiffs AND . AMENDED SUP£~?8COGGJN v. ORDER OF CONTEMPT - . ,R COURT
ST. LAURENT & SONS, INC.,
Defendant
The following Amended Order of Contempt is to vacate the Court's Order of
Contempt dated February 18, 2010 and hereby enter this new Order of Contempt.
This matter came before the Court on St. Laurent's motion for contempt. Notice
having been duly given and both Plaintiffs having appeared in court and testified, this
contempt matter is ready for decision. St. Laurent seeks to enforce the Court's April 17,
2009 Order adopting the parties' Stipulated Order that required Dalphonse to execute the
contract with the reclamation contractor. The parties had entered a Stipulated Order in
the courtroom on December 4, 2008 and subsequently filed with the Court a signed
Stipulated Order, which was entered by the Court on April 17,2009. Under the
Stipulated Order, a Special Master was to be appointed to oversee the reclamation work
and to report back to the Court once the reclamation work was completed. The Stipulated
Order, as endorsed by the Court, also required Dalphonses' counsel to hold in escrow $104,915 for reclamation. Stipulated Order, ~ 4. These funds were not delivered to
Plaintiff's counsel because Dalphonse refused to proceed with the reclamation plan. l
This is not the first time that St. Laurent sought the enforcement of the Stipulated
Order. Previously, St. Laurent had filed a motion to enforce the Stipulated Order and that
motion'was granted in this Court's Order, dated July 28, 2009, ordering the Dalphonses
to execute the contract with the reclamation contractor within 10 days, to thereafter
cooperate fully in the reclamation work and comply with all terms of the Stipulated
Order.
The Courr finds the following by clear and convincing evidence:
A. David Dalphonse has refused to sign the contract with the reclamation
contractor and he does not intend to comply with this Court's Orders.
B. Syrillyn Dalphonse has refused to sign the contract with the reclamation
contractor and she does not intend to comply with this Court's Orders.
C. Part of the reclamation work will have to be performed on the property of
the Dalphonses. David Dalphonse will not let anyone on his property to perform any
reclamation work and he "will do everything in [his] power to prevent the reclamation
work from taking place." Syrillyn Dalphonse does not know if she will permit anyone
onto her property to perform reclamation work, but she "stands by her husband."
I The Defendant had paid over to Plaintiffs $91,773.90 in satisfaction of other damages (including pre- and post-judgment interest) awarded to Plaintiffs. These funds are separate from the funds that were to be delivered to Plaintiffs counsel for payment of the cost of the reclamation plan. 2 The court learned during the hearing today that the Plaintiffs have filed a complaint with the Committee on Judicial Responsibility and Disability. The court does not know what the nature of the complaint is. The court also does not believe that she must recuse herselffrom this matter. She is aware that the Plaintiffs believe that her decision was wrong but the court is not aware of any matter that would in any way affect this court's ability to decide this matter fairly and impartially. The court further observes that the Plaintiffs have not asked the court to recuse but only asked that the court not issue a decision on the motion for contempt until the Committee renders its decision. The court declines this invitation from the Plaintiffs.
2 D. David Dalphonse decided after entering into the Stipulated Order that he
no longer agreed with the Order because he learned that "the Defendant tortfeasor stands
to gain a windfall at the expense of his insurance company for the damage he caused the
Plaintiffs." Pltf.'s Motion to Amend or Alter Under M.R.Civ.P. 59(e) of the Order dated
July 28, 2009.
The background to this case is set forth in Dalphonse v. St. Laurent & Son, Inc.,
2007 ME 53, and in Dalphonse v. St. Laurent & Sons, Inc., Androscoggin Superior
Court, Docket No. RE-OI-019, Judgment, March 16,2009 (Wheeler, J). The Dalphonses
ignore the fact that this is court-ordered reclamation work that has not been changed in
any court order. Indeed, the Law Court stated, "Nor do we disturb the terms of the
reclamation plan described by the court in its judgment." 2007 ME ~ 22. The only
change from the original order relating to reclamation was the cost of additional fill
necessary to execute the reclamation. Id. This is a case in which the only issue with
respect to reclamation is who should do the work and how much it will cost. The
Stipulated Order provided answers to that question by requiring a Special Master to
oversee the reclamation project. The cost of reclamation continues to be an issue in this
case because there is no information whether the delay caused by Plaintiffs will cause the
reclamation plan to cost more or less than originally anticipated.
Based on the foregoing, it is hereby ORDERED and ADJUDGED as follows:
I. David Dalphonse has failed and refused to comply with this Court's
orders dated April 17, 2009 and July 28, 2009 requiring that he execute the reclamation
contract and is therefore adjudged in contempt.
3 2. Syrillyn Dalphonse has failed and refused to comply with this Court's
Orders dated April 17,2009 and July 28, 2009 requiring that she execute the reclamation
3. David Dalphonse has failed and refused to comply with this Court's Order
dated July 28, 2009 requiring that he cooperate fully in the reclamation work and comply
with all terms of the Stipulated Order and is therefore adjudged in contempt.
4. Syrillyn Dalphonse has failed and refused to comply with this Court's
Order dated July 28, 2009 requiring that she cooperative fully in the reclamation work
and comply with all terms of the Stipulated Order and is therefore adjudged in contempt.
5. David and Syrillyn Dalphonse have until Wednesday, March 3, 2010 to
sign the reclamation contract.
6. In the event that they fail to sign the reclamation contract, the Court
hereby appoints Julia Pitney, Esquire, or another attorney in the firm of Drummond and
Drummond, Portland, Maine, to execute the contract pursuant to Rule 70 of the Maine
Rules of Civil Procedure?
7. David and Syrillyn Dalphonse shall fully cooperate with the reclamation
project that shall be performed as anticipated by the parties in the Stipulated Order. The
Court finds that at the time of the hearing on February 18, 2010, the Defendant failed to
demonstrate that the Plaintiffs have the present financial capacity to participate in the cost
Free access — add to your briefcase to read the full text and ask questions with AI
STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, ss. CIVIL ACTION . DOCKET NO. RE-0rl-i9\ . If.)., I V,IYV -A MJJ.. . . .J ,1/)1 J>;!:; ...... ,.r
DAVID A. DALPHONSE and RECEIVED & FILED SYRILLYN L. DALPHONSE, C'--rg ? 'J • tf ..., '.J 2010 Plaintiffs AND . AMENDED SUP£~?8COGGJN v. ORDER OF CONTEMPT - . ,R COURT
ST. LAURENT & SONS, INC.,
Defendant
The following Amended Order of Contempt is to vacate the Court's Order of
Contempt dated February 18, 2010 and hereby enter this new Order of Contempt.
This matter came before the Court on St. Laurent's motion for contempt. Notice
having been duly given and both Plaintiffs having appeared in court and testified, this
contempt matter is ready for decision. St. Laurent seeks to enforce the Court's April 17,
2009 Order adopting the parties' Stipulated Order that required Dalphonse to execute the
contract with the reclamation contractor. The parties had entered a Stipulated Order in
the courtroom on December 4, 2008 and subsequently filed with the Court a signed
Stipulated Order, which was entered by the Court on April 17,2009. Under the
Stipulated Order, a Special Master was to be appointed to oversee the reclamation work
and to report back to the Court once the reclamation work was completed. The Stipulated
Order, as endorsed by the Court, also required Dalphonses' counsel to hold in escrow $104,915 for reclamation. Stipulated Order, ~ 4. These funds were not delivered to
Plaintiff's counsel because Dalphonse refused to proceed with the reclamation plan. l
This is not the first time that St. Laurent sought the enforcement of the Stipulated
Order. Previously, St. Laurent had filed a motion to enforce the Stipulated Order and that
motion'was granted in this Court's Order, dated July 28, 2009, ordering the Dalphonses
to execute the contract with the reclamation contractor within 10 days, to thereafter
cooperate fully in the reclamation work and comply with all terms of the Stipulated
Order.
The Courr finds the following by clear and convincing evidence:
A. David Dalphonse has refused to sign the contract with the reclamation
contractor and he does not intend to comply with this Court's Orders.
B. Syrillyn Dalphonse has refused to sign the contract with the reclamation
contractor and she does not intend to comply with this Court's Orders.
C. Part of the reclamation work will have to be performed on the property of
the Dalphonses. David Dalphonse will not let anyone on his property to perform any
reclamation work and he "will do everything in [his] power to prevent the reclamation
work from taking place." Syrillyn Dalphonse does not know if she will permit anyone
onto her property to perform reclamation work, but she "stands by her husband."
I The Defendant had paid over to Plaintiffs $91,773.90 in satisfaction of other damages (including pre- and post-judgment interest) awarded to Plaintiffs. These funds are separate from the funds that were to be delivered to Plaintiffs counsel for payment of the cost of the reclamation plan. 2 The court learned during the hearing today that the Plaintiffs have filed a complaint with the Committee on Judicial Responsibility and Disability. The court does not know what the nature of the complaint is. The court also does not believe that she must recuse herselffrom this matter. She is aware that the Plaintiffs believe that her decision was wrong but the court is not aware of any matter that would in any way affect this court's ability to decide this matter fairly and impartially. The court further observes that the Plaintiffs have not asked the court to recuse but only asked that the court not issue a decision on the motion for contempt until the Committee renders its decision. The court declines this invitation from the Plaintiffs.
2 D. David Dalphonse decided after entering into the Stipulated Order that he
no longer agreed with the Order because he learned that "the Defendant tortfeasor stands
to gain a windfall at the expense of his insurance company for the damage he caused the
Plaintiffs." Pltf.'s Motion to Amend or Alter Under M.R.Civ.P. 59(e) of the Order dated
July 28, 2009.
The background to this case is set forth in Dalphonse v. St. Laurent & Son, Inc.,
2007 ME 53, and in Dalphonse v. St. Laurent & Sons, Inc., Androscoggin Superior
Court, Docket No. RE-OI-019, Judgment, March 16,2009 (Wheeler, J). The Dalphonses
ignore the fact that this is court-ordered reclamation work that has not been changed in
any court order. Indeed, the Law Court stated, "Nor do we disturb the terms of the
reclamation plan described by the court in its judgment." 2007 ME ~ 22. The only
change from the original order relating to reclamation was the cost of additional fill
necessary to execute the reclamation. Id. This is a case in which the only issue with
respect to reclamation is who should do the work and how much it will cost. The
Stipulated Order provided answers to that question by requiring a Special Master to
oversee the reclamation project. The cost of reclamation continues to be an issue in this
case because there is no information whether the delay caused by Plaintiffs will cause the
reclamation plan to cost more or less than originally anticipated.
Based on the foregoing, it is hereby ORDERED and ADJUDGED as follows:
I. David Dalphonse has failed and refused to comply with this Court's
orders dated April 17, 2009 and July 28, 2009 requiring that he execute the reclamation
contract and is therefore adjudged in contempt.
3 2. Syrillyn Dalphonse has failed and refused to comply with this Court's
Orders dated April 17,2009 and July 28, 2009 requiring that she execute the reclamation
3. David Dalphonse has failed and refused to comply with this Court's Order
dated July 28, 2009 requiring that he cooperate fully in the reclamation work and comply
with all terms of the Stipulated Order and is therefore adjudged in contempt.
4. Syrillyn Dalphonse has failed and refused to comply with this Court's
Order dated July 28, 2009 requiring that she cooperative fully in the reclamation work
and comply with all terms of the Stipulated Order and is therefore adjudged in contempt.
5. David and Syrillyn Dalphonse have until Wednesday, March 3, 2010 to
sign the reclamation contract.
6. In the event that they fail to sign the reclamation contract, the Court
hereby appoints Julia Pitney, Esquire, or another attorney in the firm of Drummond and
Drummond, Portland, Maine, to execute the contract pursuant to Rule 70 of the Maine
Rules of Civil Procedure?
7. David and Syrillyn Dalphonse shall fully cooperate with the reclamation
project that shall be performed as anticipated by the parties in the Stipulated Order. The
Court finds that at the time of the hearing on February 18, 2010, the Defendant failed to
demonstrate that the Plaintiffs have the present financial capacity to participate in the cost
3 Rule 70 provides as follows: If a Judgment directs a party to execute a conveyance ofland or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may after notice and opportunity to be heard, direct the act to be done by some other person appointed by the court and the act when so done has like effect as if done by the party, except that the appointee of the court shall have no authority to execute a conveyance of land located outside the State of Maine. The court may also in proper cases adjudge the party in contempt.
4 of the reclamation work. 4 The court reserves for further hearing whether any additional
sanctions and orders shall issue in connection with the reclamation plan.
8. If the Plaintiffs fail and refuse to cooperate with the reclamation project
and take any steps to interfere with the reclamation project, Defendant shall file an
affidavit outlining Plaintiffs' actions and Plaintiffs shall have 10 days thereafter to
respond to Defendant's affidavit. In the event that the Court finds that the Plaintiffs
either individually or in concert are interfering with the reclamation project, the Court
shall enter an Order finding each Plaintiff found to be in violation of this Order and
ordering each Plaintiff be incarcerated in the Androscoggin County Jail until the
reclamation project is complete, subject to either Plaintiffs right to be released ifhe or
she advises the court that he or she will fully comply with the reclamation project or upon
the completion of the reclamation project.
9. The Court reserves the right to award attorney's fees in connection with
the enforcement of the Court's prior orders. Within 10 days of this Order of Contempt,
Counsel for 8t. Laurent shall submit an affidavit of counsel fees so incurred.
The Clerk shall enter this Contempt Order by reference.
Date: February 23, 2010 ~(L~
4 David Dalphonse testified that he no longer has the funds that were previously disbursed to Plaintiffs by Defendant, having used them to rebuild their house; however, he cannot name to which contractors he paid these funds or how much was paid to each contractor. He contends that he has less than $500 in any of his bank accounts and receives only his income from part-time employment with the Post Office, his social security and his wife's unemployment compensation.
5 DAVID A. DALPHONSE - PLAINTIFF SUPERIOR COURT P.O. BOX 775 ANDROSCOGGIN, 58. SABATTUS ME 04280 Docket No AU8SC-RE-2001-00019 Attorney for: DAVID A. DALPHONSE ELLIOTT EPSTEIN - WITHDRAWN 07/09/2009 PICKUS & EPSTEIN DOCKET RECORD 980 FOREST AVENUE SUITE 207 PORTLAND ME 04103
Attorney for: DAVID A. DALPHONSE DAVID PIERSON - WITHDRAWN 11/03/2008 EATON PEABODY 167 PARK ROW PO BOX 9 BRUNSWICK ME 04011-0009
Attorney for: DAVID A. DALPHONSE DONALD S LAWSON-STOPPS - WITHDRAWN 02/18/2010 STINSON LAW OFFICES 280 FRONT STREET BATH ME 04530-2697
SYRILLYN L. DALPHONSE - PI,AINTIFF
Attorney for: SYRILLYN L. DALPHONSE ELLIOTT EPSTEIN - WITHDRAWN 11/03/2008 PICKUS & EPSTEIN 980 FOREST AVENUE SUITE 207 PORTLAND ME 04103
Attorney for: SYRILLYN L. DALPHONSE DAVID PIERSON - WITHDRAWN 11/03/2008 EATON PEABODY 167 PARK ROW PO BOX 9 BRUNSWICK ME 04011-0009
Attorney for: SYRILLYN L. DALPHONSE DONALD S LAWSON-STOPPS - WITHDRAWN 02/18/2010 STINSON LAW OFFICES 280 FRONT STREET BATH ME 04530-2697
V8
ST LAURENT & SON, INC. - DEFENDANT
Attorney for: ST LAURENT & SON, INC. JAMES MARTEMUCCI - RETAINED 09/19/2001 GERMANI MARTE MUCCI RIGGLE & HILL 43 DEERING STREET
PORTLAND ME 04101
Attorney for: ST LAURENT & SON, INC. L JOHN TOPCHIK - RETAINED 03/05/2008 Page 1 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD 43 DEERING STREETI RIGGLE & HILL
Filing Document: COMPLAINT Minor Case Type: BOUNDARIES Filing Date: 06/18/2001
Docket Events: 09/11/2001 FILING DOCUMENT - COMPLAINT FILED ON 06/18/2001 WITH ATTACHED EXHIBIT A
09/11/2001 party(s}: DAVID A. DALPHONSE ATTORNEY - RETAINED ENTERED ON 06/18/2001 Plaintiff's Attorney: ELLIOTT EPSTEIN
09/11/2001 party(s): SYRILLYN L. DALPHONSE ATTORNEY - RETAINED ENTERED ON 06/18/2001 Plaintiff's Attorney: ELLIOTT EPSTEIN
09/11/2001 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - TEMP RESTRAINING ORDER FILED ON 06/18/2001 MEMORANDUM OF LAW IN SUPPORT
09/11/2001 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - AFFIDAVIT FILED ON 06/18/2001 ATTACHED EXHIBITS A THROUGH K
09/11/2001 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 06/19/2001
09/12/2001 CERTIFY/NOTIFICATION - LIS PENDENS CERTIFICATE ISSUED ON 06/19/2001 WITH ATTACHED EXHIBITS A&B GIVEN IN HAND TO ELLIOTT EPSTEIN'S SECRETARY TO BE I 09/12/2001 Party(s}: ANTHONY CROWLEY(DISMISSED 7-30-02) ,ST LAURENT & SON, INC. ,JOYCE R. SALK(COMP.AMENDED 6-26-01) SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 06/20/2001 09/12/2001 Party(s): ST LAURENT & SON, INC. OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/22/2001 IN OPPOSITION TO PLAINTIFFS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER 09/12/2001 Party(s}: ST LAURENT & SON, INC. OTHER FILING - AFFIDAVIT FILED ON 06/22/2001 GARY ST. LAURENT, NORMAN ST. LAURENT WITH ATTACHED EXHIBITS A,B,C RICHARD BEHR 09/12/2001 OTHER FILING - OTHER DOCUMENT FILED ON 06/25/2001 TEMPORARY CONSENT AGREEMENT 09/12/2001 Party(s}: DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE SUPPLEMENTAL FILING - AMENDED COMPLAINT FILED ON 06/26/2001 09/12/2001 Party(s}: ST LAURENT & SON, INC. RESPONSIVE PLEADING - ANSWER FILED ON 07/ 11 / 2 0 0 1 Page 2 of 19 Printed on: 03/02/2010 AUBSC~RE~2001~00019 DOCKET RECORD 09/12/2001 Party(s): ST LAURENT & SON, INC. ATTORNEY - RETAINED ENTERED ON 07/11/2001 09/12/2001 Party(s): ANTHONY CROWLEY(DISMISSED 7-30~02) RESPONSIVE PLEADING ~ ANSWER & AFFIRMATIVE DEJ~ENSE FILED ON 07/16/2001 09/12/2001 party(s): ANTHONY CROWLEY(DISMISSED 7~30-02) ATTORNEY - RETAINED ENTERED ON 07/16/2001 09/12/2001 Party(s) : ANTHONY CROWLEY(DISMISSED 7-30-02) DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/16/2001 FIRST SET OF INTERROGATORIES PROPOUNDED UPON PLAINTIFFS SERVED ON ELLIOTT EPSTEIN, ESQ ON 07-13-01 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8~26-03 SUMMONS/SERVICE ~ CIVIL SUMMONS FILED ON 07/18/2001 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26~03 RESPONSIVE PLEADING ~ ANSWER & COUNTERCLAIM FILED ON 07/24/2001 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 RESPONSIVE PLEADING - CROSSCLAIM FILED ON 07/24/2001 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 ATTORNEY - RETAINED ENTERED ON 07/24/2001 Defendant's Attorney: LLOYD MARTIN 09/12/2001 party(s): MARCEl, CHAMBERLAND (DISMISSED 8~26-03 ATTORNEY - RETAINED ENTERED ON 07/24/2001 Defendant's Attorney: ROBERT LASKOFF 09/12/2001 Party(s): ST LAURENT & SON, INC. RESPONSIVE PLEADING ~ ANSWER TO CROSSCLAIM FILED ON 07/30/7.001 09/12/2001 Party(s): ST LAURENT & SON, INC. RESPONSIVE PLEADING - CROSSCLAIM FILED ON 07/30/2001 AGAINST MARCEL CHAMBERLAND WITH ATTACHED EXHIBITS A&B 09/12/2001 Party(s): ST LAURENT & SON, INC. MOTION ~ MOTION TO DISMISS FILED ON 07/30/2001 DEFENDANT/CROSS-CLAIM PLAINTIFF MARCEL CHAMBERLAND'S CROSS-CLAIM FOR CONTRIBUTION/INDEMNIFICATION WITH INCORPORATED MEMORANDUM OF LAW 09/12/2001 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE RESPONSIVE PLEADING ~ RESPONSE FILED ON 08/06/2001 TO DEFENDANT CHAMBERLAND'S COUNTERCLAIM/CROSS~CLAIM FOR DECLARATORY JUDGMENT 09/12/2001 Party(s): ANTHONY CROWLEY(DISMISSED 7-30~02) RESPONSIVE PLEADING ~ ANSWER & COUNTERCLAIM FILED ON 08/09/2001 TO DEFENDANT MARCEL CHAMBERLAND'S CROSS-CLAIM 09/12/2001 party(s): MARCEL CHAMBERLAND (DISMISSED 8~26-03 Page 3 of 19 Printed on: 03/02/7.010 AUBSC-RE-2001-00019 DOCKET RECORD RESPONSIVE PLEADING - ANSWER TO CROSSCLAIM FILED ON 08/16/2001 TO ST. LAURENT & SONS, INC. 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 LETTER - FROM PARTY FILED ON 08/20/2001 REQUESTING COURT TO REFRAIN FROM TAKING ANY ACTION OF ST. LAURENT MOTION TO DISMISS CROSS CLAIM TROUGH AUGUST 22, 2001 09/12/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 MOTION - MOTION TO DISMISS FILED ON 08/21/2001 OF CROSS-CLAIM 09/12/2001 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/22/2001 PLAINTIFF'S ANSWERS TO DEFENDANT CROWELY'S INTERROGATORIES SERVED ON SUSAN oRAM , ESQ ON 08-21-01 09/12/2001 ORDER - SCHEDULING ORDER ENTERED ON 09/12/2001 THOMAS E DELAHANTY II, JUSTICE DISCOVERY DEADLINE IS MAY 12, 2002. COPIES TO COUNSEL -- REC'D 1-22-02 ORDER - DISCOVERY DEADLINE EXTENDED TO AUG. 24,2002. 09/20/2001 Party(s): ST LAURENT & SON, INC. OTHER FILING - ENTRY OF APPEARANCE FILED ON 09/19/2001 09/20/2001 Party(s): ST LAURENT & SON, INC. ATTORNEY - RETAINED ENTERED ON 09/19/2001 Defendant's Attorney: JAMES MARTEMUCCI 09/25/2001 Party(s): ST LAURENT & SON, INC. MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 09/20/2001 JAMES E. BELLEAU, ESQ. 'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT ST. LAURENT & SON, INC. PROPOSED ORDER, FILED. 09/25/2001 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/12/2001 THOMAS E DELAHANTY II, JUSTICE 10/04/2001 Party(s): ST LAURENT & SON, INC. ORDER - ORDER ON MOTION TO WITHDRAW ENTERED ON 10/02/2001 ELLEN A GORMAN , JUSTICE MOTION TO WITHDRAW IS GRANTED. UPON COMPLIANCE WITH THIS ORDER, JAMES E. BELLEAU, ESQ. ,SHALL BE RELIEVED OF FURTHER OBLIGATION TO THE COURT ON BEHAI,F OF THE CLI ENT, ST. LAURENT & SON, INC., IN THIS MATTER. COPIES MAILED ALL COUNSEL OF RECORD ON 10- 3 - 0 1. 10/04/2001 ATTORNEY - WITHDRAWN ORDERED ON 10/02/2001 10/31/2001 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 LETTER - FROM PARTY FILED ON 10/26/2001 CORRESPONDENCE WITH ATTACHMENTS FROM ROBERT LASKOFF AND LLOYD MARTIN RE; REQUESTING COURTTO VACATE ORDER DATED 10-16-01 DISMISSING CHAMBERLAND'S CROSS-CLAIM FORINDEMNIFICATION AND/OR CONTRIBUTION FOR FAILURE TO STATE A CLAIM UPON WlUCH RELIEF CAN BE GRANTED. BELIEVE THIS ORDER WAS SIGNED IN ERROR. Page 4 of 19 Printed on: 03/02/2010 l\UBSC RE-2001-00019 DOCKET RECORD 11/01/2001 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/01/2001 NOTICE TO TAKE ORAL DEPOSITION OF Ml\RCEl., CHAMBERLAND AND NORMAND ST. Ll\URENT SERVED ON LLOYN MARTIN, ESQ. AND JAMES MARTEMUCCI, ESQ. ON OCTOBER 31, 2001. 11/06/2001 party(s): ST LAURENT & SON, INC. MOTION - MOTION TO DISMISS VACATED ON 11/01/2001 THOMAS E DELAHANTY II, JUSTICE THIS ORDER IS VACATED NUNC PRO TUNC. COPIES MAILED 11-6-01. 11/06/2001 ATTORNEY - WITHDRAWN ORDERED ON 10/02/2001 Defendant's Attorney: JAMES MARTEMUCCI 11/13/2001 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/09/2001 DEFENDANT ST. LAURENT & SONS INC'S NOTICE TO TAKE DEPOSITION OF PLAINTIFF SYRILLYN 1,. DALPHONSE; DEF ST. I,AURENT & SON, INC.' S NOTICE TO TAKE DEPOSITION OF PLA1NTIFF DAVID A. DALPHONSE SERVED ON EI,l,IOTT L. EPSTEIN, ESQ. ON 11-8-01. 12/06/2001 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/06/2001 AMENDED NOTICE TO TAKE ORAL DEPOSITION OF MARCEL CHAMBERLAND; AND AMENDED NOTICE TO TAKE ORAL DEPOSTIION OF NORMAND ST.LAURENT SERVED ON LLOYD MARTIN, ESQ. AND JAMES MARTEMUCCI, ESQ. ON DECEMBER 5, 2001. 12/10/2001 party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/07/2001 DEFENDANT ST. LAURENT & SON, INC. 'S AMENDED NOTICE TO TAKE DEPOSITION OF PLAINTIFF SYRILLYN L. DALPHONSE; AND DEFENDANT ST.LAURENT & SON. INC. 'S AMENDED NOTICE TO TAKE DEPOSITION OF PLAINTIFF DAVID A. DALPHONSE SERVED ON ELLIOTT L. EPSTEIN, ESQ. ON 12-6-01. 01/31/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/30/2002 DEFENDANT ST.LAURENT & SONS. INC'S FIRST REQUEST FOR PRODUCTION OF DOC. PROPOUNDED UPON PLAINTIFFS SERVED ON ELLIOTT L. EPSTEIN, ESQ. AND DEF. ST. LAURENT & SON, INC. 'S FIRST REQUEST FOR PROD. OF DOC. PROPOUNDED UPON DEF. MARCEL CHAMBERLAND SERVED ON LLOYD N. MARTIN. ESQ. ON 1-28-02. 02/11/2002 Party(s); DAVID A. DALPHONSE.SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/11/2002 PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ST. LAURENT & SONS, INC. SERVED ON JAMES MARTEMUCCI. ESQ. ON FEBRUARY 8. 2002. 02/28/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN l.•. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/28/2002 PLAINTIFFS' RESPONSE TO REQUEST DEFENDANT ST .1,AURENT & SONS, INC.' S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON JAMES MARTEMUCCI, ESQ. ON FEBRUARY 26, 2002. 03/04/2002 party(s); DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/01/2002 PLAINTIFFS' SUPPLEMENTAL RESPONSE TO REQUEST DEFENDANT ST. LAURENT & SONS, INC. 'S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON JAMES MARTEMUCCI, ESQ. ON FEBRUARY 28, 2002. page 5 of 19 Printed on: 03/02/2010 l\UBSC-Rg-2001-000I9 DOCKET RECORD 03/18/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/18/2002 PLAINTIFFS' SECOND SUPPLEMENTAL RESPONSE TO DEFENDANT ST. LAURENT & SONS, INC. 'S RgQUEST FOR PRODUCTION OF DOCUMgNTS SERVED ON JAMES MARTEMUCCI, ESQ. ON MARCH 15, 2002. 03/19/2002 Party (s) : ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/19/2002 DEFENDANT ST.LAURENT & SON, INC. 'S RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON ELLIOTT L. EPSTEIN, ESQ. ON 3-18-02. 04/09/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/05/2002 DEFENDANT ST. I,AURENT & SON, INC.' S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEFENDANT MARCEL CHAMBERLAND SERVED ON LLOYD MARTIN, ESQ. ON 4-4-02. 04/12/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 04/05/2002 PLAINTIFFS' MOTION TO EXTEND DEADLINE FOR DESIGNATION OF EXPERT WITNESSES. PROPOSED ORDER, FILED. 04/22/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 04/22/2002 THOMAS E DELAHANTY II, JUSTICE PLT'S M-TO EXTEND DEADLINE FOR DESIGNATING EXPERT WITNESSES IS HEREBY EXTENDED TO MAY 24, 2002. THE DEF'S DEADLINE IS EXTENDED TO JULY 24, 2002. DISCOVERYDEADLINE IS EXTENDED TO AUG. 24, 2002. COPIES MAILED 4-22-02. 05/30/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. Dl\LPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON OS/29/2002 PLAINTIFFS' THIRD SUPPLEMENTAL RESPONSE TO DEFENDANT ST.LAURENT & SONS, INC. 'S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON JAMES MARTEMUCCI, ESQ. ON MAY 28, 2002. 06/14/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - TEMP RESTRAINING ORDER FILED ON 06/13/2002 WITH MEMORANDUM OF LAW, AFFIDAVIT OF DAVID DALPHONSE WITH ATTACHMENTS, DRAFT ORDER AND NOTICE OF EXPEDITED HEARING. ---6-28-02 - D'ST. LAURENT & SON'S OPPOSITION, FII,ED. 06/19/2002 Party(s): ST LAURENT & SON, INC. ATTORNEY - RETAINED ENTERED ON 09/19/2001 Defendant's Attorney: JAMES MARTEMUCCI 06/19/2002 HEARING - TEMP RESTRAINING ORDER SCHEDULED FOR 07/01/2002 @ 9:30 06/19/2002 HEARING - TEMP RESTRAINING ORDER NOTICE SENT ON 06/19/2002 07/01/2002 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) LETTER - FROM PARTY FILED ON 06/27/2002 CORRESPONDENCE FROM SUSAN E. ORAM, ESQ. RE: DISMISSAL OF DEI". ANTHONY CROWLEY. 07/01/2002 HEARING - TEMP RESTRAINING ORDER HELD ON 07/01/2002 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: JAMES MARTEMUCCI Plaintiff's Attorney: ELLIOTT EPSTEIN Page 6 of 19 Printed on: 03/02/2010 AURSC-RE-2001-00019 DOCKET RECORD ATTORNEY LLOYD MARTIN WAS PRESENT FOR DEFENDANT CHAMBERLAND BUT DID NOT PARTICIPATE. AFTER HEARING HELD, COURT TAKES MATTER UNDER ADVISEMENT. ELECTRONIC RECORDING, TAPE ~237, INDEX #2155 - #3045 (AFFIDAVIT OF MICHAEL GOTTO FILED IN COURT.) 07/03/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - TEMP RESTRAINING ORDER GRANTED ON 07/02/2002 THOMAS E DELAHANTY II, JUSTICE THIS TEMPORARY RESTRAINING ORDER SHALL BE EFFECTIVE UNTIL 12:00 P.M. ON JULY 12, 2002, BUT SHALL CONTINUE IN EFFECT UNTIL THE CLERK CAN SCHEDULE THIS MATTER FOR A PRELIMINARY INJUNCTION HEARING, OR FOR A HEARING ON THE MERITS. COPIES MAIl,ED ALI, COUNSEL OF RECORD ON 7-3-02. 07/11/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/10/2007. DEFENDANT ST. LAURENT & SON, INC.' S NOTICE TO TAKE DEPOSITION OF CHRI STOPHER BAL,DWIN; AND DEFENDANT ST. LAURENT & SON, INC.' S NOTICE TO TAKE DEPOSITION OF GEORGE COlJRBRON SERVED ON ELLIOTT L. EPSTEIN, ESQ. ON 7-9-02. 07/22/2002 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) FINDING - PARTIAL, DISMISS W/O PREJUDICE ENTERED ON 07/22/2002 PARTIAL DISMISSAL, AS TO DEF. ANTHONY CROWLEY - NOT ACTED UPON- PER TELEPHONE CALI, TO SUSAN ORAM'S OFFICE TO FILE AGREED TO MOTION TO DISMISS ONE PARTY. 07/26/2002 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) MOTION - MOTION TO DISMISS FILED ON 07/24/2002 MOTION TO DISMISS ANTHONY CROWLEY WITH INCORPORATED MEMORANDUM OF LAW, (WITH ATTACHMJ>;NT) AND PROPOSED ORDER, FILED. 07/29/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/26/2002 DEFENDANT ST. LAURENT & SONS, INC.' S EXPERT WITNESS DESIGNATION SERVED ON ELI,IOTT 1,. EPSTEIN, ESQ. ON 7-25-02. 08/01/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - RULE 26(G) LETTER FILED ON 07/26/2002 D-ST. LAURENT & SON, INC. 'S REQUEST FOR DISCOVERY DISPUTE CONFERENCE REGARDING FAIULRE OF DEF-M. CHAMBER1,AND TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS. 08/01/2002 ORDER - ORDER COMPEL INTERROG/DOCUMENT ENTERED ON 07/30/2002 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES MAILED 7-31-02. 08/01/2002 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) MOTION - MOTION TO DISMISS GRANTED ON 07/30/2002 THOMAS E DELAHANTY II, JUSTICE PLAINTIFFS' COMPLAINT AGAINST ANTHONYCROWLEY IS DISMISSED, WITHOUT PREJUDICE. COPIES MAILED 7-31-02. 08/01/2002 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) ATTORNEY - WITHDRAWN ORDERED ON 07/30/2002 08/06/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE Page 7 of 19 Printed on: 03/02/7.010 AUBSC-RE-2001-00019 DOCKET RECOm) DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/06/2002 NOTICE TO TAKE ORAL DEPOSITION OF MICHAEL F. GOTTO, P.L.S. SERVED ON JAMES MARTEMUCCI, ESQ. ON AUGUST 5, 2002. 08/15/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FIl,ING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/15/2002 AMENDED NOTICE TO TAKE ORAL DEPOSITION OF MICHAEL F. GOTTO, P.L.S. SERVED ON JAMES MARTEMUCCI, ESQ. ON AUGUST 14, 2002. 08/15/2002 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/15/2002 DEFENDANT MARCEL CHAMBERLAND'S RESPONSE TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY ST.LAURENT & SON; AND DEFENDANT MARCEL CHAMBERLAND'S RESPONSE TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS BY ST.LAURENT & SON SERVED ON JAMES MARTEMUCCI, ESQ. ON AUGUST 14, 2002. 08/26/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/26/2002 DEl" ST. LAURENT & SON, INC. 'S AMENDED NOTICE TO TAKE DEPOSITION OF CHfnSTOPHER BALDWIN; AND DEl". ST. LAURENT & SON, INC. 'S AMENDED NOTICE TO TAKE DEPOSITWN OF GEORGE COURBRON SERVED ON ELLIOTT L. EPSTEIN, ESQ. ON 8-22-02. 08/29/2002 Party(s): ST LAURENT & SON, INC. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/28/2002 DEFENDANT ST.LAURENT & SON, INC. 'S SECOND AMENDED NOTICE TO TAKE DEPOSITION OF CHRISTOPHER BALDWIN; AND DEFENDANT ST.LAURENT & SON, INC. 'S SECOND AMENDED NOTICE TO TAKE DEPOSITION OF GEORGE COURBRON SERVED ON ELLIOTT L. EPSTEIN, ESQ. ON 8-27-02. 08/29/2002 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/29/2002 SECOND AMENDED NOTICE TO TAKE ORAL DEPOSITION OF MICHAEL F. GOTTO, P.L.S. SERVED ON JAMES MARTEMUCCI, ESQ. ON AUGUST 28, 2002. 09/27/2002 ORDER - FAIL FILE STATEMENT OF COUNSEL ENTERED ON 09/25/2002 THOMAS E DELAHANTY II, JUSTICE ORDER FOR FAILURE TO FILE STATEMENT OF COUNSEL ENTERED. SANCTIONS OF $75.00 IMPOSED. COPIES TO PARTIES. 09/30/2002 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 09/30/2002 ESTIMATED TIME IS 2 1/2 TO 3 DAYS. 10/03/2002 Party(s): ST LAURENT & SON, INC. OTHER FILING - WITNESS LIST FILED ON 10/02/2002 10/03/2002 Party(s): ST LAURENT & SON, INC. OTHER FILING - EXHIBIT LIST FILED ON 10/02/2002 11/12/2002 party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 11/08/2002 11/14/2002 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 11/14/2002 Page 8 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD 11/15/2002 HEARING - SETTLEMENT CONFERENCE REQUESTED ON 11/14/2002 COPY OF LETTER AND REFERRAL FORM FAXED TO CONNIE IN PORTLAND. RECEIVED 11-22-02: LETTER FROM LLOYD MARTIN, ESQ. JOINING IN REQUEST FOR SETTLEMENT CONFERENCE 03/11/2003 ORDER - PRETRIAL/STATUS ENTERED ON 03/06/2003 THOMAS E DELAHANTY II, JUSTICE RUL 16(B) PRETRIAL ORDER ENTERED. COPIES TO PARTIES. 03/11/2003 TRIAL - BENCH SCHEDULED FOR 04/14/2003 04/07/2003 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 04/07/2003 DEFENDANT MARCEL CHAMBERLAND. 05/06/2003 TRIAL - BENCH NOT REACHED ON 05/01/2003 05/06/2003 TRIAL - BENCH SCHEDULED FOR 06/11/2003 06/23/2003 TRIAL - BENCH NOT REACHED ON 06/17/2003 07/01/2003 TRIAL - BENCH SCHEDULED FOR 08/11/2003 07/01/2003 HEARING - SETTLEMENT CONFERENCE SCHEDULED FOR 07/02/2003 NOTICE TO PARTIES/COUNSEL 07/07/2003 HEARING - SETTLEMENT CONFERENCE HELD ON 07/02/2003 ELLEN A GORMAN , JUSTICE CASE NOT RESOLVED. 07/24/2003 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 07/23/7.003 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: JAMES MARTEMUCCI Plaintiff's Attorney: ELLIOTT EPSTEIN LLOYD MARTIN, ESQ. FOR THE DEFENDANT 07/24/2003 ORDER - CONFERENCE REPORT & ORDER ENTERED ON 07/23/2003 THOMAS E DELAHANTY II, JUSTICE CASE IS SET FOR TRIAL ON AUGUST 14, 2003. COPIES GIVEN TO COUNSEL. 08/05/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE SUBPOENA - SUBPOENA TO TESTIFY FILED ON 08/05/2003 08/05/2003 Party(s) : DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE SUBPOENA SUBPOENA TO TESTIFY SERVED ON 08/01/2003 ON MARCHEL CHAMBERLAND ON BEHALF OF DAVID AND SYRILLYN DALPHONSE. 08/12/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 08/12/2003 PLAINTIFFS' AMENDED LISTS. 08/13/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - TRIAL BRIEF FILED ON 08/13/2003 Page 9 of 19 Printed on: 03/02/2010 AunSC-RE-2001-00019 DOCKET RECOm) 08/13/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - DEPOSITION TRANSCRIPT FILED ON 08/13/2003 NORMAND ST. LAURENT AND MARCEL CHAMBERLAND 08/14/2003 Party(s): ST LAURENT & SON, INC. OTHER FILING - EXHIBIT LIST FILED ON 08/13/2003 DEF. ST. LAURENT & SON, INC. 'So 08/14/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE SUBPOENA - SUBPOENA TO TESTIFY FILED ON 08/13/2003 TO MARTY MAILHOT ON BEHALF OF DALPHONSE. 08/14/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 08/12/2003 MARTY MAILHOT. 08/22/2003 TRIAL - BENCH HELD ON 08/14/2003 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: JAMES MARTEMUCCI Plaintiff's Attorney: ELLIOTT EPSTEIN Reporter: PEGGY STOCKFORD FIRST DAY OF JURY WAIVED TRIAL BEGINS. OPENING ARGUMENTS WAIVED. TESTIMONY BEGINS. TRIAL CONTINUES TO AUGUST 15, 2003. 08/22/2003 TRIAL - BENCH HELD ON 08/15/2003 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: JAMES MARTEMUCCI Plaintiff's Attorney: ELLIOTT EPSTEIN Reporter: PEGGY STOCKFORD SECOND DAY OF JURY WAIVED TRIAL BEGINS. TESTIMONY CONTINUES. PLAlNTIFF RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AT TO COUNTS 1,2. PLAINTIFF MAKES MOTION JUDGMENT AS A MATTER OF LAW. COURT TAKES MATTERS UNDER ADVISEMENT. DEFENDANT Rl'STS. 08/22/2003 CASE STATUS - DECISION UNDER ADVISEMENT ON 08/15/2003 THOMAS E DEl,AHANTY II, JUSTICE JURY WAIVED TRIAL 08/25/2003 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 MOTION - MOTION TO DISMISS FILED ON 08/22/2003 MOTION FOR APPROVAL OF DISMISSAL OF MARCEL CHAMBERLAND AS A PARTY (WITH PROPOSED STIPULATION OF DISMISSAL) 08/26/2003 Party(s): MARCEL CHAMBERLAND (DISMISSED 8-26-03 MOTION - MOTION TO DISMISS GRANTED ON 08/26/2003 THOMAS E DELAHANTY II, JUSTICE THE COURT HEREBY ORDERS THAT THE CLAIMS OF DAVID DALPHONSE AND SYRILLYN DALPHONSE AGAINST MARCEL CHAMBERLAND ARE DISMISSED WITH PREJUDICE, AND THE CROSS-CLAIMS OF ST. LAURENT & SON, INC. AGAINST MARCEL CHAMBERLAND ARE DISMISSED WITH PREJUDICE. COPIES MAILED 8~26-03. 09/17/2003 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - BILL OF COSTS FILED ON 09/16/2003 06/22/2004 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE LETTER - FROM PARTY FILED ON 06/21/2004 Page 10 of 19 Printed on: 03/02/2010 AUBSC-RE-~001-00019 REQUESTING DECISION ON TRIAL 09/20/2005 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - OTHER MOTION FILED ON 09/19/2005 PLAINTIFF'S MOTION TO REOPEN EVIDENCE WITH INCORPOI~TED MEMORANDUM OF LAW REC'D 10-03-05: OPPOSITION FILED. 03/17/2006 Party(s): DAVID A. DALPHONSE OTHER FILING - TRANSCRIPT ORDER FORM FILED ON 03/09/2006 WITH LETTER ASKING FOR TRANSCRIPT AT STATE EXPENSE. LETTER AND REQUEST FAXED TO J DELAHANTY ON 3-17-06 ON 06-19-06: MOTION FOR TRANSCRIPT AT STATE EXPENSE GRANTED BY JUSTICE HUMPHREY. 05/17/2006 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - OTHER MOTION DENIED ON 05/16/2006 ELLEN A GORMAN , JUSTICE PLAINTIFF'S MOTION TO REOPEN EVIDENCE WITH IS DENIED WITHOUT PREJUDICE. SO ORDERED. COPIES TO COUNSEL ON 5--16-06. 05/17/2006 HEARING - SETTLEMENT CONFERENCE NOT HELD ON 05/16/~006 05/17/2006 party(s): DAVID A. DALPHONSE,SYRILLYN L. Dl\l,PHONSE MOTION - TEMP RESTRAINING ORDER MOOT ON 05/16/2006 05/17/2006 FINDING - JUDGMENT DETERMINATION ENTERED ON 05/16/2006 THOMAS E DELAHANTY II, JUSTICE ORDER - COURT JUDGMENT ENTERED ON 05/16/2006 THOMAS E DELAHANTY II, JUSTICE Judgment entered for DAVID A. DAI,PHONSE, SYRILLYN L. DALPHONSE and against ST LAURENT & SON, INC. in the amount of $64392.50. ON THE CLAIMS OF TRESPASS AND NUISANCE, THE COURT ENTERS JUDGMENT FOR THE PLAINTIFFS DAVID AND SYRILLYN DALPHONSE AGAINST DEFENDANT ST. LAURENT & SONS, INC., IN THE AMOUNT OF $64,392.50. THE COURT ENTERS JUDGMENT FOR PLAINTIFFS DAVID AND SYRILLYN DALPHONSE ON THE REQUEST FOR INJUCTIVE RELIEF AS SET OUT IN PART V OF THIS JUDGMENT. THE PLAINTIFFS ARE AWARDED INTEREST AND COSTS AS ALLOWED BY STATUTE AND RULE. SO ORDERED. COPIES TO COUNSEL ON 5-16-06 06/07/2006 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE APPEAL - NOTICE OF APPEAL FILED ON 06/05/2006 PLT WITH STATEMENT OF ISSUES ON APPEAL $120.00 APPEAl, FEE PAID 06/07/2006 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE APPEAL - NOTICE OF APPEAL SENT TO LAW COURT ON 06/07/7.006 COPIES OF NOTICE OF APPEAL, DOCKET ENTRIES AND TRANSCRIPT ORDER FORM MAILED TO THE CLERK OF THE LAW COURT, DAVID DALPHONSE, JAMES MARTEMUCCI, ESQ. AND PEGGY STOCKFORD, COURT REPORTER 06/23/2006 APPEAL - RECORD ON APPEAL DUE IN LAW COURT ON 06/13/2006 RECORD DUE ON JUNE 26, 2006. AND-06-357 06/23/2006 APPEAL - RECORD ON APPEAL SENT TO LAW COURT ON 06/23/2006 ORIGINAL FILE WITH DOCKET ENTRIES MAILED TO CLERK OF THE LAW COURT. COPIES OF DOCKET Page 11 of 19 Printed on: 03/02/2010 I\UBSC-RE-2001-00019 DOCKET RECORD ENTRIES MAILED TO COUNSEL AND PEGGY STOCKFORD 05/09/2007 APPEAL - MANDATE/ORDER FILED ON 05/04/2007 LEIGH I SAUFLEY , SUPREME COURT CHIEF JUSTICE DENIAL OF MOTION TO REOPEN THE RECORD VACATED. AWARD OF DAMAGES FOR rmCf,I\MI\TION VACATED. IN ALL OTHER ASPECTS, THE JUDGMENT IS AFFIRMED. REMANDED 1"01< FUHTHER PHOCEEDINGS SOLEY TO DETERMINE DAMAGES FOR THE COSTS OF THE ADDITIONAL FILL NECESSARY TO COMPLETE RECLAMATION AS DESCRIBED IN THE COURT'S JUDGMENT AND TO ASSESS WHETHER TO AWARD ANY I\DDITIONAL DAMAGES INCURRED SINCE TRIAL AS REQUESTED IN THE MOTION TO REOPEN. OS/21/2007 party(s): DAVID A. DALPHONSE ATTORNEY - RETAINED ENTERED ON 05/01/2007 Plaintiff's Attorney: DAVID PIERSON party{s): SYRILLYN L. DALPHONSE ATTORNEY - RETAINED ENTERED ON 05/01/2007 Plaintiff's Attorney: DAVID PIERSON 08/21/2007 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 08/21/2007 PLT 08/21/2007 HEARING - MOTION FOR WITHDRAWAL OF CNSL SCHEDULED FOR 08/30/2007 @ 1:30 08/21/2007 HEARING - MOTION FOR WITHDRAWAL OF CNSL NOTICE SENT ON 08/21/2007 08/31/2007 HEARING - MOTION FOR WITHDRAWAL OF CNSL HEIJD ON 08/30/2007 THOMAS E DEI,AHANTY II, JUSTICE Plaintiff's Attorney: DAVID PIERSON Reporter: PENNY PHILBRICK-CARVER 08/31/2007 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 08/30/2007 THOMAS E DELAHANTY II, JUSTICE 08/31/2007 MOTION - MOTION TO RECUSE FILED ON 08/29/2007 PLAINTIFF FILED PRO SE FOR RECUSAL OF JUSTICE DELAHANTY 08/31/2007 MOTION - MOTION TO RECUSE DENIED ON 08/30/2007 THOMAS E DELAHANTY II, JUSTICE 10/03/2007 Party(s): DAVID A. DALPHONSE LETTER - FROM PARTY FILED ON 09/28/2007 ASKING FOR AN EXTENSION TO FIND COUNSEL. ON 10-03-07: REQUEST FOR EXTENSION IS APPROVED TO OCTOBER 24, 2007. COPIES TO PARTIES ON 10-3-07. 10/24/2007 Party(s): DAVID A. DALPHONSE ATTORNEY - RETAINED ENTERED ON 10/23/2007 Plaintiff's Attorney: DONALD S LAWSON-STOPPS Party(s): SYRILLYN L. DALPHONSE ATTORNEY - RETAINED ENTERED ON 10/23/2007 Plaintiff's Attorney: DONALD S LAWSON-STOPPS Page 12 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD 10/24/2007 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - OTHER MOTION FILED ON 10/23/2007 MOTION FOR ORDER TO OBTAIN A SCHEDULING ORDER 11/08/2007 HEARING - PRETRIAL/STATUS HELD ON 11/07/2007 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: JAMES MARTEMUCCI Plaintiff's Attorney: DONALD S LAWSON-STOPPS COUNSEL TO DISCUSS AND PROPOSE SCHEDULING ORDER FOR LIMITED DISCOVERY AND FILING OF MOTIONS. PROBABLE TRIAL AFTER JANUARY 1, 2008. COPIES TO COUNSEL ON 11-8-07 11/13/2007 OTHER FILING - TRANSCRIPT FILED ON 11/13/2007 REQUESTED BY DONALD LAWSON-STOPPS ESQ SENT TO PENNY CARVER 12/20/2007 OTHER FILING - TRANSCRIPT FILED ON 12/19/2007 MOTION FOR WITHDRAWL OF COUNSEL MOTION TO RECUSE 01/02/2008 LETTER - FROM NON-PARTY FILED ON 01/02/2008 FROM JUSTICE DELAHANTY TO COUNSEL REGARDING STATUS OF CASE 01/09/2008 ORDER - SCHEDULING ORDER ENTERED ON 01/09/2008 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 01/09/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/03/2008 01/16/2008 Party(s) : DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/16/2008 NOTICE TO TAKE DEPOSITION OF DAVID A DAI,PHONSE SERVED TO DONALD LAWSON STOPPS ESQ ON JANUARY 15, 2008 02/26/2008 Party(s): DAVID A. DALPHONSE LETTER - FROM PARTY FILED ON 02/25/2008 FROM PLAINTIFF REQUESTING RECUSAL OF JUSTICE DELAHANTY 02/26/2008 Party(s): ST LAURENT & SON, INC. MOTION - MOTION EXTEND DISCOVERY FILED ON 02/25/2008 DEFENDANTS 02/26/2008 Party(s): ST LAURENT & SON, INC. MOTION - MOTION EXTEND DISCOVERY GRANTED ON 02/25/2008 THOMAS E DELAHANTY II, JUSTICE AMENDED SCHEDULING ORDER FILED. ALL DISCOVERY SHAI,L BE COMPLETED ON OR BEFORE JUNE 1, 2008. COPIES TO COUNSEL ON 2-26-08 02/26/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 06/01/2008 03/06/2008 Party(s): ST LAURENT & SON, INC. ATTORNEY - RETAINED ENTERED ON 03/05/2008 Defendant's Attorney: I, JOHN TOPCHIK 04/23/2008 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE Page 13 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD MOTION - MOTION EXTEND DISCOVERY FILED ON 04/23/2008 WITH DRAFT ORDER 04/24/2008 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION EXTEND DISCOVERY GRANTED ON 04/23/2008 JOYCE A WHEELER , JUDGE ALL DISCOVERY SHALL BE COMPLETED ON OR BEFORE JUNE 16, 2008. COPIES TO COUNSEL ON 4-24-08 04/24/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 06/16/2008 OS/19/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON OS/19/2008 MOTION TO ENLARGE DEADLINE FOR EXPERT FIELD WORK FILED BY PLT OS/22/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON OS/21/2008 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL OS/22/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 07/02/2008 06/24/2008 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - DESIGNATION OF EXPERT WITNESS FILED ON 06/20/7.008 PLT 07/17/2008 ORDER - PRETRIAL/STATUS ENTERED ON 07/17/2008 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 08/20/2008 party(s): ST LAURENT & SON, INC. OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 08/20/2008 ST LAURENT & SON, INC. 'S 08/22/2008 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 08/1S/2008 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: L JOHN TOPCHIK Plaintiff's Attorney: DONALD S LAWSON-STOPPS 08/22/2008 ORDER - CONFERENCE REPORT & ORDER ENTERED ON 08/20/2008 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 09/0S/2008 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION TO RECUSE FILED ON 09/04/2008 RENEWED ORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING 09/1S/2008 Party(s): ST LAURENT & SON, INC. MOTION - MOTION IN LIMINE FILED ON 09/11/2008 DEFENDANT PRETRIAL MOTION 09/22/2008 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION TO RECUSE GRANTED ON 09/19/2008 THOMAS E DELAHANTY II, JUSTICE Page 14 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD THIS COURT RECUSES 1TSELF FROM THIS MATTER. AN ALTERNATE SUPERIOR COURT JUSTlCE WILL BE ASSIGNED TO HEAR THE REMAND PROCEEDS. A HEARING DATE WILL BE SET BY THE NEW JUSTICE. COPIES TO COUNSEL ON 9-22-08. 10/31/2008 ORDER - SPECIAL ASSIGNMENT ENTERED ON 10/29/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 11/03/2008 TRIAL - BENCH SCHEDULED FOR 12/04/2008 @ 9:00 11/03/2008 TRIAL - BENCH NOTICE SENT ON 11/03/2008 11/03/2008 party(s): DAVID A. DALpHONSE ATTORNEY - WITHDRAWN ORDERED ON 11/03/2008 Plaintiff's Attorney: ELLIOTT EPSTEIN 11/03/2008 Party(s): DAVID A. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 11/03/2008 Plaintiff's Attorney: DAVID PIERSON 11/03/2008 Party(s): SYRILLYN L. DALpHONSE ATTORNEY - WITHDRAWN ORDERED ON 11/03/2008 Plaintiff's Attorney: ELLIOTT EPSTEIN 11/03/2008 Party(s): SYRILLYN L. DALpHONSE ATTORNEY - WITHDRAWN ORDERED ON 11/03/2008 Plaintiff's Attorney: DAVID PIERSON 11/25/2008 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 11/24/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: L JOHN TOpCHIK Plaintiff's Attorney: DONALD S LAWSON-STOPpS 12/05/2008 TRIAL - BENCH HELD ON 12/04/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: L JOHN TOpCHIK Plaintiff's Attorney: DONALD S LAWSON-STOPpS STIPULATION READ. TESTIMONY GIVEN. POST TRIAL BRIEFS TO BE FILED. PLT'S TO BE FILED ON 1-9-09, DEI" 1-26-09 REBUTTAL BY 2-2-09. MATTER TO BE TAKEN UNDER ADVISEMENT. ER TAPE 313 INDEX 1-3347 01/02/2009 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALpHONSE OTHER FILING - BILL OF COSTS FILED ON 01/02/2009 WITH MEMORANDUM AND AFFIDAVIT (pLT'S) 01/28/2009 Party(s): ST LAURENT & SON, INC. MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 01/26/2009 TO EXTEND DEADLINE TO RESPOND TO PLAINTIFF'S BILL OF COSTS AND RELATED PILINGS 01/30/2009 party(s): ST LAURENT & SON, INC. MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 01/30/2009 JOYCE A WHEELER , JUDGE Page 15 of 19 Printed on: 03/02/2010 AUBSC RE-200100019 DOCKET RECORD COPIES TO PARTIES/COUNSEL 02/03/2009 Party(s): ST LAURENT & SON, INC. MOTION - OTHER MOTION FILED ON 02/03/2009 DEFENDANT'S PETITION FOR WAIVER OF INTEREST REC'D 02-10-09: P1"T'S REPf.Y FIT,ED. 03/19/2009 Party(s): ST LAURENT & SON, INC. MOTION - OTHER MOTION DENIED ON 03/16/2009 JOYCE A WHEELER , JUDGE DEFENDANT'S PETITION FOR WAIVER OF INTEREST REC'D 02-10-09: PLT'S REPf,Y FILED. 03/19/2009 FINDING - JUDGMENT DETERMINATION ENTERED ON 03/16/2009 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEIJ 03/19/2009 ORDER - COURT JUDGMENT ENTERED ON 03/16/2009 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL Judgment entered for DAVID A. DALPHONSE, SYRII"LYN L. DALPHONSE and against ST LAURENT & SON, INC. in the amount of $91230.00, Interest in the amount oE $34000.00, Cost of $1861.22, Attorney fee of $11798.00. 03/19/2009 FINDING - FINAL JUDGMENT CASE CLOSED ON 03/19/2009 04/17/2009 ORDER - COURT ORDER ENTERED ON 04/17/2009 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 06/02/2009 Party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) MOTION - MOTION TO ENFORCE FILED WITH AFFIDAVIT ON OS/28/2009 TO ENFORCE STIPULATED ORDER WITH PROPOSED ORDER (NO AFFIDAVIT FILED) REC'D 0'1-09 09: RESPONSE FILED. REC'D 07-13-09: DEI' REPLY FILED. 06/08/2009 Party(s): DAVID A. DALPHONSE,SYRILLYN 1,. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 06/08/2009 PLT 06/08/2009 Party(s): DAVID A. DALPHONSE,SYRIL1,YN L. DALPHONSE MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/08/2009 TO RESPOND TO DEFENDANT'S MOTION TO ENFORCE 06/22/2009 Party(s): DAVID A. DALPHONSE,SYRILLYN 1,. DALPHONSE MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/22/2009 JOYCE A WHEELER , JUDGE PARTIES TO RESPOND TO DEFENDANT'S MOTION TO ENFORCE BY JULY 9, 2009. COPIES TO PARTIES ON 6-22-09 06/22/2009 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 06/22/2009 Page 16 of 19 Printed on: 03/02/2010 AUBSC-RE-~001-00019 JOYCE A WHEELER , JUDGE ATTY DONALD LAWSON STOPPS, ESQ. IS PERMITTED TO WITHDRAW. COPIES TO COUNSElJ ON 6-~2-09 06/22/2009 Party(s): DAVID A. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 06/22/2009 plaintiff's Attorney: DONALD S LAWSON-STOPPS 06/22/2009 Party(s): SYRILLYN L. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 06/22/2009 Plaintiff's Attorney: DONALD S LAWSON-STOPPS 07/09/2009 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE OTHER FILING - ENTRY OF APPEARANCE FILED ON 07/09/2009 OF DONALD LAWSON STOPPS, ESQ. FOR PLTS 07/09/2009 party(s): DAVID A. DALPHONSE ATTORNEY - RETAINED ENTERED ON 07/09/2009 Plaintiff's Attorney: ELLIOTT EPSTEIN 07/09/2009 party(s): SYRILLYN L. DALPHONSE ATTORNEY - RETAINED ENTERED ON 07/09/2009 Plaintiff's Attorney: DONALD S LAWSON-STOPPS 07/09/2009 party(s): DAVID A. DALPHONSE ATTORNEY - RETAINED ENTERED ON 07/09/2009 Plaintiff's Attorney: DONALD S LAWSON-STOPPS 07/09/2009 party(s): DAVID A. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 07/09/2009 Plaintiff's Attorney: ELLIOTT EPSTEIN 07/29/2009 party(s): ANTHONY CROWLEY(DISMISSED 7-30-02) MOTION - MOTION TO ENFORCE GRANTED ON 07/29/2009 JOYCE A WHEELER , JUDGE COPIES TO COUNSEL ON 7-29-09 08/04/2009 Party(s): DAVID A. DALPHONSE MOTION - MOTION ALTER/AMEND ORDER/JUDG FILED ON 07/31/2009 PLT ORDER DATED JULY 28, 2009 REC'D 08-11-09: DEFENDANT'S OBJECTION FILED. 12/21/2009 party(s): DAVID A. DALPHONSE MOTION - MOTION ALTER/AMEND ORDER/JUDG DENIED ON 12/16/2009 JOYCE A WHEELER , JUDGE AS UNTIMELY. THE PARTIES REACHED AN AGREEMENT PLACED ON THE RECORD AS EARLY AS DECEMBER 4, 2008, AND SUBSEQUENTLEY THE COURT ENTERED A WRITTEN ORDER ON MAT,CH 1 9, 2009. THE ORDER OF JULY 28, 2009 DOES NOTHER MORE THAN ENFORCE THE ORDER THAT PLA[NTIFF SEEKS NOW TO UNDO. COPIES TO COUNSEL ON 12-18-09 01/07/2010 Party(s): ST LAURENT & SON, INC. MOTION - MOTION FOR CONTEMPT FILED ON 01/06/2010 DEF'S 01/12/2010 Party(s): DAVID A. DALPHONSE Page 17 of 19 Printed on: 03/02/2010 AUBSC-RE-2001-00019 DOCKET RECORD SUBPOENA - CONTEMPT ORDER FILED ON 01/12/2010 AMY CARMEN, ASSOCIATE CLERK WITH ORDER SIGNED BY CARL O. BRADFORD FOR HEARING SET FOR 2/10/10 AT 8:30 01/12/2010 HEARING - CONTEMPT HEARING SCHEDULED FOR 02/10/2010 @ 8:30 02/03/2010 party(s): DAVID A. DALPHONSE MOTION - MOTION TO CONTINUE FILED ON 02/03/2010 PLT'S (UNOPPOSED) 02/01/2010 Party(s): DAVID A. DALPHONSE MOTION - MOTION TO CONTINUE GRANTED ON 02/01/2010 JOYCE A WHEELER , JUDGE 02/04/2010 HEARING - CONTEMPT HEARING CONTINUED ON 02/04/2010 02/04/2010 HEARING - CONTEMPT HEARING SCHEDULED FOR 02/18/2010 @ 8:30 02/04/2010 HEARING - CONTEMPT HEARING NOTICE SENT ON 02/04/2010 02/05/2010 Party{s): DAVID A. DALPHONSE LETTER - FROM PARTY FILED ON 02/04/2010 LETTER FROM DAVID DALPHONSE 02/18/2010 HEARING - CONTEMPT HEARING HELD ON 02/18/2010 JOYCE A WHEELER , JUDGE Defendant's Attorney: L JOHN TOPCHIK TAPE NO 345 INDEX NO'S 4914-7084 DAVID DALPHONSE APPEARED PRO SE 02/18/2010 Party(s): DAVID A. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 02/18/7.010 FILED BY DONALD LAWSON-STOPPS, ESQ. 02/18/2010 Party(s): DAVID A. DALPHONSE MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 02/18/2010 JOYCE A WHEELER , JUDGE 02/19/2010 Party(s): ST LAURENT & SON, INC. MOTION - MOTION FOR CONTEMPT GRANTED ON 02/18/2010 JOYCE A WHEELER , JUDGE CONTEMPT ORDER FILED 02/19/2010 ORDER - COURT ORDER ENTERED ON 02/18/2010 JOYCE A WHEELER , JUDGE DAVID DALPHONSE HAS FAILED AND REFUSED TO COMPLY WITH THIS COURT'S ORDERS DATED 3/17/09 AND 7/28/09 REQUIRING THAT HE EXECUTE THE RECLAMATION CONTRACT AND IS THEREFORE ADJUDGE)) IN CONTEMPT. DAVID AND SYRILLYN DALPHONSE HAVE UNTIL FRIDAY 2/926/10 TO SIGN THE RECLAMATION CONTRACT. IN THE EVENT THAT THEY FAIL TO SIGN THE rmCLAMATION CONTRACT THE COURT HEREBY APPOINTS JULIA PITNEY, ESQ. TO EXECUTE THE CONTRACT PURSUANT TORULE 70 OF THE M.R.CIV.P. ORDER IS INCORPORATED BY REFERNCE 02/24/2010 ORDER - COURT ORDER VACATED ON 02/23/2010 JOYCE A WHEELER , JUDGE Page 18 of 19 Printed on: 03/02/2010 AU8SC-RR-2001-00019 DOCKET RECORD 02/24/2010 Party(s): ST LAURENT & SON, INC. MOTION - MOTION ALTER/AMEND ORDER/JUDG FILED ON 02/23/2010 DEFENDANT'S MOTION TO MODIFY AND AMEND ORDER OF CONTEMPT 02/24/2010 Party(s): ST LAURENT & SON, INC. MOTION - MOTION ALTER/AMEND ORDER/JUDG GRANTED ON 02/23/2010 JOYCE A WHEELER , JUDGE GRANTED IN PART. SEE TODAY'S AMENDED ORDER. COPIES TO PARTIES ON 2-24--10 02/24/2010 ORDER - COURT ORDER ENTERED ON 02/23/2010 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THF. SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL 02/24/2010 Party(s): DAVID A. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 02/18/2010 Plaintiff's Attorney: DONALD S LAWSON-STOPPS 02/24/2010 party(s): SYRILLYN L. DALPHONSE ATTORNEY - WITHDRAWN ORDERED ON 02/18/2010 Plaintiff's Attorney: DONALD S LAWSON-STOPPS 02/25/2010 party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE,ST LAURENT & SON, INC. OTHER FILING - TRANSCRIPT ORDER FORM FILED ON 02/24/2010 TRANSCRIPT OF DECEMBER 8, 2009 TRIAL ORDERED BY JUSTICE WHEELER 02/25/2010 Party(s): DAVID A. DALPHONSE,SYRILLYN L. DALPHONSE,ST LAURENT & SON, INC. OTHER FILING - TRANSCRIPT ORDER FORM SENT TO REPORTER/ER ON 02/25/2010 A TRUE COPY ATTEST: Clerk page 19 of 19 Printed on: 03/02/2010
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