United States District Court, D. Massachusetts
ORIX CAPITAL MARKETS, LLC IN ITS CAPACITY AS SPECIAL SERVICER AND ATTORNEY-IN-FACT FOR WELLS FARGO BANK, N.A. FORMERLY KNOWN AS WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEES FOR REGISTERED HOLDERS OF SALOMON BROTHERS MORTGAGE SECURITIES VII, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2000 C-2, Plaintiff,
CADLEROCKS CENTENNIAL DRIVE, LLC, DANIEL CADLE, Defendants
For ORIX CAPITAL MARKETS, LLC, in its capacity as special servicer and attorney-in-fact for WELLS FARGO BANK, N.A., formerly known as Wells Fargo Bank Minnesota, N.A., as Trustees for registered holders of Salomon Brothers Mortgage Securites VII, Inc., Commercial Mortgage Pass-Through Certificate, Series 2000 C-2, Plaintiff: Armando E Batastini, Nixon Peabody LLP, Providence, RI.
For Cadlerocks Centennial Drive, LLC, Daniel Cadle, Defendants: David H. Rich, LEAD ATTORNEY, Todd & Weld, Boston, MA; Benjamin J. Wish, Todd & Weld LLP, Boston, MA.
For Francis C. Morrissey, Receiver: Francis C. Morrissey, Morrissey, Wilson & Zafiropoulos, LLP, Braintree, MA; Gregor I. McGregor, McGregor & Associates, P.C., Boston, MA.
Nathaniel M. Gorton, United States District Judge.
MEMORANDUM & ORDER
Plaintiff ORIX Capital Markets (" ORIX" ) brought suit against defendants Cadlerocks Centennial Drive, LLC (" Cadlerocks" ) and Daniel Cadle (" Cadle" ) for breach of a promissory note, a Guaranty and an Environmental Indemnity Agreement.
After a three day bench trial this Court found Cadle liable pursuant to the Guaranty and Environmental Indemnity Agreement and awarded plaintiff $104,106 in
damages for environmental testing and failure to maintain the property. The Court had previously entered partial summary judgment finding Cadle liable for misappropriation in rent in the amount of $33,484. Thus, the total judgment against Cadle was in the amount of $137,590.
II. Contractual Basis for Attorneys Fees and Costs
Pursuant to the Guaranty, Cadle is personally liable for attorneys' fees having agreed
to pay all costs and out-of-pock expenses, including court costs and reasonable fees and disbursements of legal counsel, incurred on behalf of Lender in connection with the enforcement ...