Smith et al v. Jenkins et al

Filing 528

Judge Richard G. Stearns: ORDER entered. AMENDED JUDGMENT to reflect the court's Order on May 3, 2011, granting judgment as a matter of law to Union Capital Mortgage Business Trust. (RGS, law3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 07-12067-RGS
ROBERT SMITH, et al.
v.
DWIGHT JENKINS, et al.
AMENDED JUDGMENT
November 15, 2011
STEARNS, D.J.
Pursuant to the court’s October 11, 2011, Memorandum and Order judgment
will enter as follows:
1. Louis Bertucci
Judgment enters in favor of Robert Smith against defendant Louis Bertucci on
Smith’s claim of fraud and violation of Mass. Gen. Laws ch. 93A (Chapter 93A).
Judgment enters in the amount of $188,865. This amount comprises the following:
The jury awarded Smith $25,000 against Bertucci on Smith’s claim of fraud.
The court trebled the jury award to $75,000 pursuant to Chapter 93A. Interest at 12%
per annum is assessed on the jury award from the date of the commencement of the
action on October 1, 2007, through October 26, 2011 (the date of the original
judgment), in the amount of $12,205. Mass. Gen. Laws ch. 231, § 6B. Bertucci is also

assessed $101,660, which equals his proportional share of attorneys’ fees and costs.
2. Dwight Jenkins
Judgment enters in favor of Robert Smith against defendant Dwight Jenkins on
Smith’s claims of fraud, breach of contract, breach of fiduciary duty, and violation of
Chapter 93A. Judgment enters in the amount of $566,128. This amount comprises the
following:
The jury awarded Smith $85,000 against Jenkins on Smith’s common-law
claims. The court trebled the jury award to $225,000 pursuant to Chapter 93A.
Interest at 12% per annum is assessed on the jury award from the date of the
commencement of the action on October 1, 2007, through October 26, 2011, in the
amount of $41,499. Mass. Gen. Laws ch. 231, § 6B. Jenkins is also assessed
$299,629, which equals his proportional share of attorneys’ fees and costs.
3. New England Merchants Corp. (NEMC)
Judgment enters in favor of Robert Smith against defendant NEMC on Smith’s
claims of fraud, breach of fiduciary duty, and violation of Chapter 93A. Judgment
enters in the amount of $258,174. This amount comprises the following:
The jury awarded Smith $50,000 against NEMC on Smith’s common-law
claims. The Court doubled the jury award to $100,000 pursuant to Chapter 93A.
Interest at 12% per annum is assessed on the jury award from the date of the
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commencement of this action on October 1, 2007, through October 26, 2011, in the
amount of $24,411. Mass. Gen. Laws ch. 231, § 6B. NEMC is also assessed $133,763
which equals its proportional share of attorneys’ fees and costs.
4. Dorchester Real Estate d/b/a Century 21
Judgment enters in favor of Smith against defendant Century 21 on Smith’s
claims of fraud and breach of fiduciary duty. Judgment enters in favor of Century 21
on Smith’s Chapter 93A claim. Judgment enters in the amount of $74,411. This
amount comprises the following:
The jury awarded Smith $50,000 against Century 21 on Smith’s common-law
claims. Interest at 12% per annum is assessed on the jury award from the date of the
commencement of the action on October 1, 2007, through October 26, 2011, in the
amount of $24,411. Mass. Gen. Laws ch. 231, § 6B.
5. Other parties
Judgment enters in favor of defendants Robert Kelley, RKelley-Law, P.C., MidCity Mortgage, LLC, Signature Group Holdings, Inc. (a/k/a Fremont), RE/MAX, Union
Capital Business Mortgage Trust, Cherry Jenkins, and Dorea Smith.
Judgment enters against plaintiff Maria Dasilva on all claims.
SO ORDERED.
/s/ Richard G. Stearns
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_______________________________
UNITED STATES DISTRICT JUDGE

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