United States District Court, D. Massachusetts
RICHARD HISERT, Manager, on behalf of H2H ASSOCIATES, LLC, Plaintiff,
BLUE WATERS DREDGING LLC, DAVID URBANI, HERBERT HASCHEN, and DOROTHY B. WILLIAMS, Defendants.
MEMORANDUM AND ORDER ON MOTION FOR JUDGMENT OF
DEFAULT AGAINST DOROTHY WILLIAMS
Dennis Saylor IV United States District Judge
action arises out of a contract dispute concerning a marine
dredging project. In July 2015, the Army Corps of Engineers
awarded H2H Associates, LLC a contract for a dredging project
in Cohasset, Massachusetts. H2H subcontracted with Blue
Waters Dredging LLC (“BWD”) to perform work on
that project. According to H2H, BWD fraudulently induced H2H
to make payments to it by submitting false lien waivers and
then abandoned the job.
brought suit against BWD and its members, including Herbert
Haschen and Dorothy Williams. A default was entered against
defendant Dorothy Williams on July 31, 2019. The case against
defendant Herbert Haschen went to trial, and on August 8,
2019, the jury found him liable for $148, 626. H2H now seeks
a default judgment against Williams pursuant to Fed.R.Civ.P.
55(b)(1). For the following reasons, the motion will be
denied without prejudice.
evidence and testimony presented at trial established the
The Dredging Job
13, 2015, the Army Corps of Engineers awarded H2H a contract
to dredge Cohasset Harbor in Massachusetts. On August 27,
2015, H2H subcontracted with BWD to provide all
“labors, materials, equipment and services”
necessary to dredge the harbor for a price of $1, 194, 611.
a limited liability company organized under Maryland law.
During the relevant period, BWD had three members: Herbert
Haschen and Dorothy Williams, who each owned a 40% share of
the company, and David Urbani, who owned the remaining 20%.
early October 2015, after the job was scheduled to be
started, BWD had not yet obtained a necessary dredging
booster pump. To begin the project, Haschen told H2H that BWD
needed to lease a pump from another company in Long Island,
but that BWD would need advance funding from H2H to be able
to do so. In response, H2H transferred BWD $70, 000.
November 2015 through February 2016, BWD continued to insist
that it needed funds to operate prior to the completion of
significant work on the dredging job. H2H made numerous
transfers to BWD over this time period, believing that it was
doing so to help BWD cover expenses and continue to operate.
In total, H2H transferred to BWD a total of $947, 774.07. BWD
did not complete the project, causing significant losses to
The Lien Waivers
seven occasions during the course of the project, BWD
completed and submitted “Partial Lien Waiver[s]”
that certified that BWD had paid all subcontractors and
vendors in connection with the dredging job. H2H made
payments to BWD in reliance on the submission of the lien
waivers. Six of the seven partial lien waivers were signed by
Williams; the other was signed by Haschen. The sum of the
transfers made by H2H in response to the six lien waivers
signed by Williams was $706, 866.42. According to BWD, all
were fraudulent, because vendors and subcontractors had not
in fact been paid.