Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Orix Capital Mkts., LLC v. Cadlerocks Centennial Drive, LLC

United States District Court, D. Massachusetts

April 2, 2013

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,
v.
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.

OPINION

Page 16

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.

I. Background

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

Page 17

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.