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Judge sets firm deadline in contentious legal battle

October 11, 2024 | Judicial - Appeals Court Oral Arguments, Judicial, Massachusetts


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Judge sets firm deadline in contentious legal battle
In a recent court hearing, Judge Davis emphasized the importance of compliance with document production deadlines, declaring March 3, 2017, as a critical date for the parties involved. The discussions revealed that the plaintiff's counsel had previously obtained most records through third-party actions, leading them to believe their case was strengthening. However, the judge noted that the plaintiff's counsel had not demonstrated any prejudice regarding their direct cause of action.

The hearing also highlighted delays by the French family in providing necessary records, which was acknowledged by their legal representation. Judge Davis expressed frustration over the plaintiff's lack of preparedness for the contempt matter, noting that they arrived with insufficient evidence and documentation.

A key point of contention arose regarding whether the plaintiffs were entitled to damages due to the delays in producing an accounting. While the plaintiffs argued for compensation related to the failure to produce an accounting as ordered, Judge Davis found that an accounting had indeed been produced by the March 3 deadline. Consequently, he did not award attorney's fees or damages for the period leading up to that date, suggesting that the plaintiffs' claims for costs were not reasonable.

The discussions underscored the complexities of the case, particularly the implications of document production timelines and the responsibilities of both parties in adhering to court orders. As the case progresses, the focus will remain on the interpretation of compliance and the potential for further legal ramifications stemming from the delays acknowledged during the hearing.

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