Home LUIS MARTINEZ v. MARILU H. REGA and ANA A. REYES.

MISC 16-000392

June 27, 2017

Essex, ss.

SPEICHER, J.

JUDGMENT ON COMPLAINT FOR CIVIL CONTEMPT

The underlying action in this matter commenced on July 18, 2016. In connection with preliminary injunction orders issued on July 28, 2016 and August 17, 2016, on January 26, 2017, the plaintiff filed a complaint for civil contempt pursuant to Mass. R. Civ. P. 65.3. The court issued a summons for a hearing on the complaint for civil contempt and held an initial hearing on February 6, 2017, at which the court determined that a trial would be held on the complaint for civil contempt. A trial was held on the complaint for civil contempt on April 19, 2017 before the court (Speicher, J.). In a decision of even date, in accordance with Mass. R. Civ. P. 52, 58 and 65.3(h), the court has made findings of fact and rulings of law, and issues this Judgment. In accordance with the court's decision, it is

ORDERED and ADJUDGED that on Count I of the Complaint for Civil Contempt (Contempt v. Defendant Reyes), judgment is hereby entered in favor of the plaintiff against defendant Ana A. Reyes in the amount of $34,499.05; and it is further

ORDERED and ADJUDGED that Count III of the Complaint for Civil Contempt (Contempt v. Defendant Rubaye) is DISMISSED, and it is further

ORDERED and ADJUDGED that on Count IV of the Complaint for Civil Contempt (Contempt v. Defendant Lynn Housing Authority) judgment is hereby entered in favor of the plaintiff against the defendant Lynn Housing Authority in the amount of $27,795.05; and it is further

ORDERED and ADJUDGED that liability under this Judgment as against Ana A. Reyes and the Lynn Housing Authority shall be joint and several with rights of contribution, and it is further

ORDERED and ADJUDGED that Count II of this action remains STAYED as to defendant Marilu H. Rega pending the outcome of her pending bankruptcy case, but that, pursuant to Mass. R. Civ. P. 54(b), the court hereby finds this Judgment against Ana A. Reyes and the Lynn Housing Authority, and the judgment of dismissal of the count against defendant Rubaye, shall enter as a final judgment as to these defendants, there being no just reason for delay in the entry of judgment against these two defendants and with respect to the judgment of dismissal with respect to defendant Rubaye.

By the Court