MISC 11-450735

February 28, 2019

Bristol, ss.



On June 4, 2018, this Court entered a Judgment on Verified Complaint for Contempt (the "June 2018 Judgment"). That judgment followed the City of Taunton's filing in February 2017 of a complaint for contempt against defendants Milad Dbaib and Khalil Dobeib. The June 2018 Judgment ordered Dbaib and Dobeib, among other things, not to use 272 Winthrop Street in Taunton, MA for the storage or "placement" of vehicles, parts and other items. It also ordered Dbaib and Dobeib to remove from 272 Winthrop Street, by October 1, 2018, "all vehicles and car parts unless lawfully permitted." The June 2018 Judgment provided for fines in the event that Dbaib and Dobeib failed to comply with the October 1, 2018 vehicle-removal deadline.

On October 15, 2018, the City filed a Motion for Assessment of Damages. The Motion asserted that Messrs. Dbaib and Dobeib failed to remove all vehicles from 272 Winthrop Street by October 1, 2018, and claimed that fines were due under the June 2018 Judgment. On October 30, 2018, Dbaib and Dobeib appeared for a hearing on the Motion (as well as on the City's Fourth Verified Complaint for Contempt). After hearing, the Court granted the City's Motion and ordered Dbaib and Dobeib "jointly and severally to pay $2,200 to the City within fourteen days of receipt of this Order" (the "Assessment Order").

On December 7, 2018, the City filed a Fifth Complaint for Contempt. The City alleged that Dbaib and Dobeib did not comply with the Assessment Order, having paid nothing to the City after issuance of the Assessment Order. The parties appeared for an initial hearing on the Fifth Complaint for Contempt on December 13, 2018. At that hearing, Mr. Dobeib asked the Court to reconsider the Assessment Order. After considering the record (including Dbaib and Dobeib's submissions) and after arguments heard on February 27, 2019, the Court denied the motion for reconsideration, for the reasons set forth in the Decision of this same date.

At the February 27, 2019 hearing, Messrs. Dbaib and Dobeib conceded that if the Court chose not to reconsider the Assessment Order, they have no defense to the City's Fifth Complaint for Contempt and no objections to the City's Motion for Assessment of Damages, filed January 24, 2019. Accordingly, for the reasons set forth in the Decision,

1. Judgment is hereby entered in FAVOR of the City of Taunton, and AGAINST Milad Dbaib and Khadil Dobeib, on the City's Fifth Complaint for Contempt.

2. The Court AWARDS the City of Taunton $3,605.35 in attorney's fees and costs. The Court ASSESSES these attorney's fees and costs on Messrs. Dbaib and Dobeib, jointly and severally.

The foregoing does not supersede or amend the September 25, 2012 Order in this proceeding, or any other order or judgment in this proceeding. The amount awarded above also does not include the $2,200 owed by Messrs. Dbaib and Dobeib to the City pursuant to the Court's Assessment Order.