Posts tagged "Read"

CALM Golf, Inc. v. Read, et al. (Lawyers Weekly No. 09-055-17)

COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. SUPERIOR COURT CIVIL ACTION NO. 13-01214 CALM GOLF, INC. vs. RENE J. READ, IN HIS CAPACITY AS TOWN MANAGER OF THE TOWN OF DUXBURY, AND ROBERT TROY, ESQ. MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This action arises out of an award to plaintiff, CALM Golf, Inc.(“Calm”), from the Town of Duxbury (represented by its Town Manager, Rene Read) (“Duxbury”), to operate the North Hill Country Club and Golf Course (“North Hill”).1 Calm alleges that Duxbury is liable to it for breach of contract (Count I), violation of Chapter 93A (Count IV), and violation of the Massachusetts Public Bidding Statute, G. L. 30(b) (Count VI). Before the Court is Duxbury’s motion for summary judgment. A proper review of the record shows that the core facts are largely undisputed. It also shows that this case boils down to two simple, controlling propositions. First, did Duxbury’s award to Calm equate to a contract, either express or implied? Second, was Duxbury required to conclude a formal contract with Calm despite the fact that, as the result of litigation brought by a disappointed bidder – the thenextant manager of North Hill, Johnson Golf Management, Inc. (“Johnson) – this Court ordered Duxbury not to contract with Calm but rather to continue its contract with Johnson? 1 Count II, alleging misrepresentation against Duxbury, and Counts III and V, all of the counts against defendant Robert Troy, were previously dismissed by this Court. As the answer to both questions is “no,” Duxbury’s motion for summary judgment is ALLOWED. BACKGROUND The following relevant facts are either undisputed or presented in the light most favorable to the non-moving party, in accordance with the dictates of Mass. R. Civ. P. 56. In September 2008, Duxbury published a Request for Proposal (“RFP”) pursuant to G.L. 30B for a five-year contract to operate North Hill. Johnson was then the manager of North Hill. Calm and Johnson bid for the contract. In December 2008, and for reasons not relevant here, Duxbury rejected all bids. On December 12, 2008, Johnson sued Duxbury in this Court (Middlesex Superior Court) in Johnson Golf v. Town of Duxbury, et al., 08-04641, arising from the bid process (“the Johnson Litigation”). On January 8, 2009, the Court in the Johnson Litigation issued a temporary restraining order requiring that “Johnson Golf Management Inc., shall continue to manage the North Hill Country Club Golf Course until such time as defendant Town of Duxbury has awarded a new management contract pursuant to G.L. c. 30B rebidding process that is to begin on January 9, 2009 or until further order of the Court.” On or about January 9, 2009, Duxbury issued a second RFP […]

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Posted by Massachusetts Legal Resources - December 22, 2017 at 10:52 pm

Categories: News   Tags: , , , , , ,

Read the Criminal Complaint Against Bombing Suspect Tsarnaev

[Editor’s note: The following is the affadavit of Special Agent Daniel R. Genck, submitted as part of the criminal complaint filed against Boston Marathon bombing suspect Dzhokhar Tsarnaev. The document was converted from a PDF and edited only to remove formatting errors.] AFFIDAVIT OF SPECIAL AGENT   I, Daniel R. Genck, being duly sworn, depose and state:   1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”) and have been so employed since 2009. I am currently assigned to one of the Boston Field Office’s Counter-terrorism Squads. Among other things, I am responsible for conducting national security investigations of potential violations of federal criminal laws as a member of the Joint Terrorism Task Force (“JTTF”). During my tenure as an agent, I have participated in numerous national security investigations. I have received extensive training and experience in the conduct of national security investigations, and those matters involving domestic and international terrorism.   2. During my employment with the FBI, I have conducted and participated in many investigations involving violations of United States laws relating to the provision of material support to terrorism. I have participated in the execution of numerous federal search and arrest warrants in such investigations. I have had extensive training in many methods used to commit acts of terrorism contrary to United States law.   3. This affidavit is submitted in support of an application for a complaint charging DZHOKHAR A. TSARNAEV of Cambridge, Massachusetts (“DZHOKHAR TSARNAEV”) with using a weapon of mass destruction against persons and property at the Boston Marathon on April 15, 2013, resulting in death. More specifically, I submit this affidavit in support of an application for a complaint charging DZHOKHAR TSARNAEV with (1) unlawfully using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against persons and property within the United States used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce, which offense and its results affected interstate and foreign commerce (including, but not limited to, the Boston Marathon, private businesses in Eastern Massachusetts, and the City of Boston itself), resulting in death, in violation of 18 U.S.C. 2332a; and (2) maliciously damaging and destroying, by means of an explosive, real and personal property used in interstate and foreign commerce and in an activity affecting interstate and foreign commerce, resulting in personal injury and death, in violation of 18 U.S.C. 844(i).   4. This affidavit is based upon my personal involvement in this investigation, my training and experience, my review of relevant evidence, and information supplied to me by other law enforcement officers. It does […]

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Posted by Massachusetts Legal Resources - April 22, 2013 at 9:00 pm

Categories: Arrests   Tags: , , , , , ,

Things to Know in the South End Today, April 1st: Don’t Trust What You Read on the Internet. Except This.

1. Weather: The National Weather Service is predicting a partly sunny day with a high of 59 degrees.  There’s also a 30 percent chance of showers and winds may reach as high as 29 mph.  2. April Fools: Let’s all remember that it’s April Fools Day, and no, YouTube is not really picking a “winner” from all its videos, Google Maps is not going 8-bit, and basically any other weird or strange news today is most likely NOT happening. We don’t have a sense of humor here at South End Patch so don’t worry, the joke’s on us today.  3. babyYOGA: Bring your baby or toddler to this Community Music Center of Boston (34 Warren Ave.) integrated music and yoga class to combine physical exercise with soothing relaxation techniques for both you and your child.  Classes run on Mondays and Fridays at 9 a.m., and it costs $ 15 to drop in. See here for more information.  4. Drop in at Coco Baby: Drop by Coco Baby (1636 Washington St.) with your kids at 3 p.m. today and enjoy our toys, arts & crafts, and musical instruments. The play space provides children with an area to explore their creative sides, interact with others their own age, and get out all that excess energy. Cost is $ 8 per visit.See here for more information.  5. Add your events: Do you have a great event coming up at your organization or business? If it’s happening right here in the South End, add it to the Events Calendar! I feature great events every single day in the daily email update, on the homepage and on social media, so add yours to the mix and help get the word out to South Enders about what’s happening in their neighborhood.Click here to add an event.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch

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Posted by Massachusetts Legal Resources - April 1, 2013 at 12:10 pm

Categories: Arrests   Tags: , , , , , , , , , ,

Police: Attempted Robbery at Washington Street Bank Failed When Teller Couldn’t Read Note

The following information was supplied by the Boston Police Department. Charges do not indicate a conviction.  An attempted bank robbery at the Mount Washington Bank on Saturday morning failed when the suspect handed the teller a reportedly illegible note, called her “stupid” for not being able to read it, and left.  Boston Police responded to a robbery in progress at 11 a.m. on Saturday at the Mount Washington Bank at 1134 Washington St. One of the bank’s tellers told police that just before 11 a.m., a suspect had attempted to rob the bank. The employee told officers that the suspect handed her a note. The employee was unable to determine the exact wording of the note, but was able to read the word “shoot.” The suspect then stated, “Give me the money or I’ll shoot you.” The employee told officers that she was confused at first and asked the suspect to repeat what he had said. The suspect then told the employee, “You are stupid.” He then took the note, and left the bank. The suspect did not leave the bank with any money. The FBI bank robbery task force has launched an investigation.  SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - March 26, 2013 at 11:17 am

Categories: Arrests   Tags: , , , , , , , , , ,