The opinion
STATE OF MAINE SLTPERIOR COURT
CUMBERLAND, SS. CIVIL ACTION
DOCKET NO. CV-03-366
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BAYLEY HILL DEER & TROUT FARM, INC.,
Plaintiff
v. DECISION AND JUDGMENT
ATLANTIC GAME MEATS, LLC,
DAVID McGLINCHEY, individually and
d / b / a GROVE HILL ELK & DEER FARM,
Defendant
Bayley Hill Deer & Trout Farm, Inc. (Bayley Hill) is a Maine corporation located
in Scarborough that raises deer and elk to sell commercially. In the mid 1990s it began
to sell its product to David McGlinchey, who in turn arranged for it to be processed
through the Windham Butcher Shop for sale to restaurants and other commercial
outlets.'
Bayley m11 initiated this action seelung judgment against the defendants for
amounts unpaid and due for delivery of deer and elk meat.
Prior to trial, the parties entered into several stipulation^:^
2. . . . . Plaintiff claims defendants owe $86,366.50, while defendants
claim they owe $48,640.75.
3. . . . [Tlhere are three central issues in this case:
A. The price paid for deer and elk meat;
B. Whether or not defendants made certain purchases;
C. Liability for the debt.
' The facts set out in this decision constitute findings by the court as proven by a preponderance of
evidence unless otherwise stated.
2
The stipulations that are relevant to this decision are numbered as in the original.
4. [Joint] Exhibit No. 1 contains a section concerning the Undisputed
Purchases and another section concerning Disputed Purchases.
Under the two columns labeled Undisputed Purchases, Plaintiff [I
claims that $63,876.25 is the amount due. Defendants claim that the
balance owed is $48,640.75. This dispute centers on the price to be
paid for the deer meat. According to Plaintiff, Defendants agreed
to pay $3.00 per pound for processed meats, and on occasion, $1.25
per pound for trim. Defendants agree that the contract price was
$3.00 per pound, but only if the dead weight of the animal was
between 125-150 pounds. According to Defendants, if the dead
weight of the animal fell outside h s range, the price dropped to
$1.75 per pound. Plaintiff claims that the weight range (between
125-150 pounds) was only a goal, but did not determine the price.
1~1
5. . . . [Tlhere are nine purchases that plaintiff claims defendant made,
but defendants claim they did not make. These nine purchases are
reflected in the disputed purchases column of [Joint]Exhbit No. 1.
6. The final issue relates to responsibility for the debt. The issue is
whether the debt is owed by Atlantic Game Meats, LLC, David
McGlinchey or both?
Central to the decisions here is an understanding of how the parties did business
from the begnning.
The parties began their relationship with a handshake agreement and never
entered into any formal contract or any written memorandum regarding their dealings.
The agreement was made between Fred Bayley, as a principal in Bayley Hill, and David
McGlinchey individually, who was doing business as Atlantic Game Meats (AGM).
AGM did not become an LLC corporation until June 2001. Although the purchases in
dispute here occurred after that time, McGlinchey never informed Fred Bayley or any
other representative of Bayley Hill of h s change in status from an individual doing
business under a company name to a separate legal entity. Although Bayley knew
McGlinchey was doing business as Atlantic Game Meats, it is h s position that he was
-
A copy of JointExhibit No. 1 is attached to this decision as an Appendix.
2
selling h s product to David McGlinchey personally and it did not matter which name it
was under as long as he received payment.
McGlinchey never discussed his change in status with Nicholas Richardson, the
Bayley Hill business manager, or with Kathleen Bayley, Fred's wife and bookkeeper,
even though he had several discussions with each of them regarding his delinquent
account.
Invoices from Bayley Hill to the defendants, pl. ex. #3 were addressed to both
"Atlantic Game Meats" and "David McGlinchey." Plaintiff's exhibit #4 shows the
account history from January 1, 1999, prior to incorporation, to November 11, 2003, and
is listed as "Atlantic Game Meats." As far as the plaintiff is concerned, David
McGlinchey and AGM were always one and the same. Invoices for meat processing
from the Windham Butcher Shop, pl. ex. #6, were made out to "Dave M.," "Dave
McGlinchey," or "D. McGlinchey." According to Dana Mains, owner of the butcher
shop, this notation was solely to "save time" even though he knew McGlinchey sold
deer meat as Atlantic Game Meats.
The court determines that the debt to Bayley Hill is a joint debt for Atlantic Game
Meats, LLC and David McGlinchey individually.
When the parties started their relationship they agreed on a price of $3.50 per
pound "rail eight".^ The price was changed to $3.00 per pound near the end of 1998
because the defendant was having difficulty malung a profit.
Some time later Bayley Hill stopped selling to the defendant when he opened a
retail store at the Portland Public Market. This operation lasted between a year to a
year-and-a-half, but Rayley closed it because the rent was too h g h and resumed doing
"Rail weight" is defined as "dead weight;" that is, the weight of the animal without its head, limbs,
and slun, The weight was determined by the Windham Butcher Shop.
3
business with McGlinchey and AGM. They set the price at the old level of $3.00 per
pound for a prime animal with a weight between 125 to 155 pounds. McGlinchey
didn't want animals outside of the weight range because the quality wasn't as high. On
occasion Bayley Hill told McGlinchey that an animal was outside the range and the
defendant said - "shp it anyway." The weight range was a guide or goal.
The defendant claims that he purchased the meat on a two-tier price level: $3.00
per pound for prime meat (125-150 pounds) and $1.75 per pound for meat outside the
range.
Richardson denies any conversation with McGlinchey regarding varied price
structure. Even though he was the business manager, he had no authority to change the
price structure approved by Fred Bayley. In fact, during his meetings with Rchardson
and Mrs. Bayley h s primary concern was making arrangements for payment so he
could continue his supply. He never disputed the weight of animals delivered or
discussed any problems with Bayley's price structure or a "two-tier" price system.
Discussions centered around the amount he owed and how it would be paid. . In fact,
when he did make payments, he did not specify that any amount was for prime meat
and a separate amount was for other meat. At one point he proposed that that he
would pay in full for animals as they were delivered plus 50% of that amount which
would be applied towards the arrearage.
Fred Bayley did not agree to a two-tier price for the meat and did not have such
an agreement or price structure with any other customer. It was a goal to ship animals
within the stated price range. The defendant was free to reject any shpment but did
not.
Even if McGlinchey believes he had a two-tier price plan, such an agreement was
never confirmed or agreed to by Fred Bayley or any other authorized representative of
Bayley Hill. The evidence supports the finding that the only price agreed to by the
parties was $3.00 per pound, "rail weight." The invoices admitted as Defendants'
Exhbit 1 are documents created by McGlinchey to illustrate what he believes he owes
under a two-tier price structure. They are not persuasive.
As to the undisputed purchases, see Joint Ex. 1, the court determines that the
defendants owe the full amount of $63,876.25.
The defendant claims that there are nine separate charges that he did not make
and he fully disputes them. See Joint Ex. 1.
The court has examined the records, P1. Ex. 1,2, and 3, and finds that the records
for three of the dates are fully consistent and support plaintiff's claim for sales on
July 16,2001 $4,335.00
February 14,2001 $2,412.00
January :17,2003 $ 396.00
The claim for September 20,2001 ($2,496.00) is consistent with record entries for
September 19,2001.
The claim for November 5, 2001 ($1,992.00) is consistent with record entries for
October 31, 2001.
Invoice No. 584, PI. Ex. 3, dated January 1, 2003 ($5,523.00) is supported by
record entries of June 14, 2001. This invoice references that the actual date is June 14,
2001.
Invoice No. 570 ($3,324.00) (February 13,2003) is supported by other records. See
P1. Ex. 6 and 11.
The court finds that invoices numbered 568 (February 10, 2003) and 580 (April
15,2003) are not supported by other records. The plaintiff is not entitled to recovery for
these charges.
Plaintiff is entitled to an award of $20,478.04 as to the disputed claims.
The Clerk will make the following entry as the Decision and Judgment of the
court:
Judgment for plaintiff Bayley Hill Deer & Trout Farm, Inc. in
the amount of $84,354.29 against Atlantic Game Meats, LLC,
and David McGlinchey individually, jointly and severally.
Plaintiff is awarded its costs and interest as allowed by rule
and statute.
SO ORDERED.
Justice, Superior ~ o h r t
BAYLEY HILL DEER & TROUT FARM, INC. - PLAINTIFF SUPERIOR COURT
CUMBERLAND, ss .
Attorney for: BAYLEY HILL DEER & TROUT FARM, INC. Docket No PORSC-CV-2003-00366
MICHAEL J DONLAN - RETAINED 07/01/2003
VERRILL & DANA
PO BOX 147 DOCKET RECORD
KENNEBUNK ME 04 043
vs
ATLANTIC GAME MEATS, LLC - DEFENDANT
Attorney for: ATLANTIC GAME MEATS, LLC
WINFRED STEVENS - RETAINED 07/28/2003
RUDMAN & WINCHELL
84 HARLOW ST
PO BOX 1401
BANGOR ME 04402-1401
Attorney for: ATLANTIC GAME MEATS, LLC
CHARLES F BUDD - RETAINED 08/01/2003
RUDMAN & WINCHELL
84 HARLOW ST
PO BOX 1401
BANGOR ME 04402-1401
DAVID MCGLINCHEY - DEFENDANT
Attorney for: DAVID MCGLINCHEY
WINFRED STEVENS - RETAINED 07/28/2003
RUDMAN & WINCHELL
84 HARLOW ST
PO BOX 1401
BANGOR ME 04402-1401
Attorney for: DAVID MCGLINCHEY
CHARLES F BUDD - RETAINED 08/01/2003
RUDMAN & WINCHELL
84 HARLOW ST
PO BOX 1401
BANGOR ME 04402-1401
WINDHAM BUTCHER SHOP, INC. - TRUSTEE
Filing Document: COMPLAINT Minor Case Type: CONTRACT
Filing Date: 07/01/2003
Docket Events:
07/01/2003 FILING DOCUMENT - COMPLAINT FILED ON 07/01/2003
WITH EXHIBIT A.
07/01/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
ATTORNEY - RETAINED ENTERED ON 07/01/2003
Plaintiff's Attorney: MICHAEL J DONLAN
07/02/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC
Page 1 of 10 Printed on: 09/01/2006
PORSC-CV-2003-00366
DOCKET RECORD
MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED WITH AFFIDAVIT ON 07/01/2003
WITH MEMORANDUM IN SUPPORT OF MOTION FOR ATTACHMENT AND TRUSTEE PROCESS; AFFIDAVIT OF FRED
BAYLEY AND PROPOSED ORDER.
07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 07/08/2003
07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/01/2003
UPON DAVID MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE HILL ELK & DEER FARM
07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 07/08/2003
07/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/01/2003
UPON ATLANTIC GAME MEATS, LLC TO DAVID MCGLINCHEY
07/28/2003 Party (s): ATLANTIC GAME MEATS, LLC
RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 07/28/2003
OF DEFENDANTS ATLANTIC GAMES AND MEATS, LLC.
07/28/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/28/2003
TO PLAINTIFF'S MOTION FOR ATTACHMENT AND TRUSTEE PROCESS.
07/28/2003 Party (s): ATLANTIC GAME MEATS, LLC
ATTORNEY - RETAINED ENTERED ON 07/28/2003
Defendant's Attorney: WINFRED STEVENS
Party (s): DAVID MCGLINCHEY
ATTORNEY - RETAINED ENTERED ON 07/28/2003
Defendant's Attorney: WINFRED STEVENS
07/29/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - AFFID & REQUEST DEFAULT/JUDG FILED ON 07/28/2003
AGAINST ATLANTIC GAME MEATS, LLC, DAVID MCGLINCHEY IND. AND D/B/A GROVE HILL ELK & DEER
FARM
07/30/2003 ORDER - COURT ORDER ENTERED ON 07/29/2003
THOMAS D WARREN , JUSTICE
ORDER ENTERED WITH RESPECT TO STATUS OF DEFAULT. THE CLERK IS DIRECTED TO INCORPORATE
THIS ORDER IN THE DOCKET BY REFERENCE PURSUANT TO RULE 79(A) 7-30-03 COPY MAILED TO
MICHAEL DONLAN ESQ AND WINFRED STEVENS ESQS
08/01/2003 Party (s): ATLANTIC GAME MEATS, LLC
ATTORNEY - RETAINED ENTERED ON 08/01/2003
Defendant's Attorney: CHARLES F BUDD
Party ( s ) : DAVID MCGLINCHEY
ATTORNEY - RETAINED ENTERED ON 08/01/2003
Defendant's Attorney: CHARLES F BUDD
Page 2 of 10 Printed on: 09/01/2006
PORSC-CV-2003-00366
DOCKET RECORD
08/01/2003 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
MOTION - MOTION FOR LATE ANSWER FILED ON 08/01/2003
OF DEFENDANTS WITH PROPOSED ORDER
08/01/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
OTHER FILING - REPLY MEMORANDUM FILED ON 08/01/2003
BY PLAINTIFF RE DEFENDANTS' OPPOSITION TO MOTION FOR ATTACHMENT AND TRUSTEE PROCESS.
08/04/2003 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 08/04/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
08/05/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/05/2003
OF PLAITIFFF TO DEFENDANTS' MOTION FOR LEAVE TO FILE LATE ANSWER, WITH ATTACHMENT.
08/06/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - MOTION TO STRIKE FILED ON 08/04/2003
08/06/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - MOTION TO STRIKE DENIED ON 08/05/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
ON 08-06-2003 COPIES MAILED TO CHARLES BUDD, WINFRED STEVENS AND MICHAEL DONLAN, ESQS.
08/06/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
MOTION - MOTION FOR LATE ANSWER GRANTED ON 08/05/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
DEFENDANTS' MOTION FOR LEAVE TO FILE LATE ANSWER IS GRANTED. ON 08-06-03 COPIES MAILED TO
MICHAEL DONLAN, CHARLES BUDD AND WINFRED STEVENS, ESQS.
08/07/2003 ORDER - SCHEDULING ORDER ENTERED ON 08/07/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
DISCOVERY DEADLINE IS APRIL 7, 2004. ON 08-07-03 COPIES MAILED TO WINFRED STEVENS, CHARLES
BUDD AND MICHAEL DONLAN, ESQS.
09/04/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - APPROVAL ATTACH/TRUSTEE PROC GRANTED ON 09/04/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
IT IS ORDERED THAT ATTACHMENT AND TRUSTEE PROCESS MAY BE MADE AGAINST THE PROPERTY OF
DEFENDANTS, ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE
HILL ELK & DEER FARM, IN THE AMOUNT OF $88,518.00; PROVIDED, HOWEVER, THAT THE FIRST
$100.00 OF DEMAND BANK ACCOUNTS HELD YBY ANY ONE TRUSTEE SHALL BE EXEMPT FROM TRUSTEE
PROCESS ISSUED PURSUANT TO THIS 0RDER.ON 09-04-03 COPIES MAILED TO CHARLES BUDD, WINFRED
STEVENS, ESQS AND GIVEN IN HAND TO MICHAEL DONLAN, ESQ.
09/04/2003 HEARING - APPROVAL ATTACH/TRUSTEE PROC HELD ON 09/04/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
ON PLAINTIFF'S MOTION FOR ATTACHMENT. MOTION GRANTED.
09/11/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 09/11/2003
MERRILL MERCHANTS BANK (LLS)
09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/18/2003
Page 3 of 10 Printed on: 09/01/2006
PORSC-CV-2003-00366
DOCKET RECORD
09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/05/2003
UPON FRANCES FRUCHTNICHT . ( LLS )
09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/18/2003
09/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/05/2003
UPON FRED BROWN (LLS)
09/30/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/30/2003
09/30/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/16/2003
UPON BUTCHER SHOP (DANA MAINS) (LLS)
09/30/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 09/30/2003
09/30/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/19/2003
UPON FORREST BRADBURY TO JOAN BRADBURY (WIFE)
10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
LETTER - FROM PARTY FILED ON 10/07/2003
LETTER FROM PLAINTIFF'S COUNSEL, MICHAEL J. DONALAN INFORMING COURT THAT MEDIATION HAS
BEEN SET FOR 11-11-03 AT 10:OO A.M. WITH CHARLES ABBOTT, ESQ. AT VERRILL & DANA, PORTLAND.
DB
10/07/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/07/2003
OF TRUSTEE FORREST BRADBURY. (LLS)
10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 10/07/2003
10/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 09/30/2003
UPON CATHY MOORE. (LLS)
10/07/2003 SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 10/02/2003
UPON LA VALLEE FEDERAL CREDIT UNION TO LUCILLE CASTONGUAY. (LLS)
10/08/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 10/08/2003
LETTER FROM PLAINTIFF'S ATTORNEY ADVISING THAT ADR MEDIATION WILL BE HELD WITH CHARLES
ABBOTT, ESQ. ON 11-11-03 BEGINNING AT 10:OO A.M. DB
10/09/2003 Party(s) : BAYLEY HILL DEER & TROUT FARM, INC.
Page 4 of 10 Printed on: 09/01/2006
PORSC-CV-2003-00366
DOCKET RECORD
SUMMONS/SERVICE - SUMMONS TO TRUSTEE FILED ON 10/09/2003
10/09/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
SUMMONS/SERVICE - SUMMONS TO TRUSTEE SERVED ON 10/01/2003
UPON FLEET BANK TO BRAD HUNTER. (LLS)
10/10/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/10/2003
OF FLEET NATIONAL BANK. (LLS)
10/10/2003 OTHER FILING - TRUSTEE STATEMENT UNDER OATH FILED ON 10/10/2003
UNITEDKINGFIELD BANK.
11/07/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/07/2003
PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO
DEFENDANT, ATLANTIC GAME MEATS, LLC; PLAINTIFF'S INTERROGATORIES PROAND REQUEST FOR
PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT DAVID MCGLINCHE, INDIVIDUALLY AND DBA
GROVE HILL ELK & DEER FARM, SERVED ON CHARLES F.BUDD, JR, ESQ. ON 11-05-03. DB
11/17/2003 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 11/17/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
REPORT OF ADR CONFERENCE FILED. CASE IS UNRESOLVED. ORDER ENTERED. ON 11-17-03 COPIES
MAILED TO CHARLES BUDD, WINDRED STEVENS, AND MICHAEL DONLAN, ESQS.
11/18/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/18/2003
PLAINTIFF'S SUBPOENA TO PRODUCE EVIDENCE (DOCUMENTS) TO WINDHAM BUTCHER SHOP SERVED ON
WINDHAM BUTCHER SHOP 11-11-03.
11/19/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - AFFID & REQUEST DEFAULT/JUDG FILED ON 11/19/2003
OF PLAINTIFF AGAINST TRUSTEE, WINDHAM BUTCHER SHOP, INC.
11/19/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
ORDER - DEFAULT ENTERED ON 11/19/2003
GAIL MERRITT , ADMINISTRATIVE CLERK
AGAINST TRUSTEE, WINDHAM BUTCHER SHOP, INC. COPY MAILED TO MICHAEL DONLAN AND CHARLES
BUDD JR ESQS. AND TO WINDHAM BUTCHER SHOP INC. AT 247 VARNEY MILL ROAD, WINDHAM ME 04062
12/16/2003 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/16/2003
DEFENDANTS' RESPONSE TO INTERROGATORIES PROPOUNDED BY PLAINTIFF; DEFENDANTS' RESPONSE TO
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS. SERVED ON MICHAEL J. DONLAN, ESQ. ON
DECEMBER 12, 2003. (AD).
12/22/2003 ORDER - COURT ORDER ENTERED ON 12/10/2003
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
DEFAULT JUDGMENT BY THE COURT. JUDGMENT IS HEREBY ENTERED FOR THE PLAINTIFF AGAINST,
TRUSTEE WINDHAM BUTCHER SHOP, INC. FOR THE SUM OF UP TO $88,518.00. ON 12-12-03 COPIES
MAILED TO MICHAEL DONLAN, ESQ., CHARLES BUDD, ESQ. AND TRUSTEE WINDHAM BUTCHER SHOP, INC.
AT 247 VARNEYH MILL ROAD, WINDHAM, MAINE 04062.
12/29/2003 Party(s): BAYLEY HILL DEER & TROUT FARM, INC
Page 5 of 10 Printed on: 09/01/2006
PORSC-CV-2003-00366
DOCKET RECORD
JURY FILING - DEMAND FOR JURY TRIAL FILED ON 12/29/2003
OF PLAINTIFF - $300.00 JURY FEE PAID (DC)
01/02/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/02/2004
DEFENDANTS' SUPPLMENTAL RESPONSE TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF
DOCUMENTS PROPOUNDED TO PLAINTIFF, SERVED ON MICHAEL J. DOLAN, ESQ. ON 12-12-03. DB
01/12/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/12/2004
DEFENDANTS' SUPPLEMENTAL RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS,
SERVE DON MICHAEL J. DONLAN, ESQ. ON 01-08-04. DB
01/23/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/23/2004
PLAINTIFF'S NOTICE OF DEPOSITION OF DAVID MCGLINCHEY AND ROBERT R. RICHARDS, SERVED ON
CHRLES F. BUDD, JR., ESQ. ON 01-22-04. DB
01/26/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/26/2004
PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DAVID MCGLINCHEY AND ROBERT R. RICHRADS,
SERVED ON CHARLES F. BUDD, JR., ESQ. ON 01-23-04. DB
01/28/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/28/2004
DEFENDANTS' INTERROGATORIES PROPOUNDED TO PLAINTIFF; DEFENDANTS' FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS PROPOUNDED TO PLAINTIFF SERVED ON MICHAEL J. DONLAN, ESQ. 01-26-
04. (LLS)
02/02/2004 Party(6): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/02/2004
WITNESS SUBPOENA FOR DEPOSITON SERVED ONR OBERT R. RICHARDS ON 1-28-04 (GA)
03/02/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/02/2004
PLAINTIFF'S RESPONSE TO DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND
PLAINTIFF'S OBJECTIONS TO DEFENDANTS' INTERROGATORIES SERVED ON CHARLES BUDD, JR., ESQ. ON
MARCH 1. 2004. AD
03/26/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/26/2004
NOTICES OF DEPOSITIONS OF DIANE MCGLINCHEY AND JULIE HARDING SERVED ON CHARLES BUDD, JR.,
ESQ. ON 3-25-04 (DC)
03/31/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/31/2004
PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DIANA MCGLINEHEY AND AMENDED NOTICE OF
DEPOSITOIN OF JULIE HARDING SERVED ON CHARLES BUDD, JR., ESQ. ON MARCH 30, 2004. AD
03/31/2004 Party(6): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/31/2004
PLAINTIFF'S WITNESS SUBPOENA FOR DEPOSITION SERVED ON JULIE HARDING ON MARCH 27, 2004. AD
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04/05/2004 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY,WINDHAM BUTCHER SHOP, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/05/2004
DEFENDANTS' NOTICE TO TAKE ORAL DEPOSITION OF DANA MAINS SERVED ON MICHAEL J. DONLAN, ESQ.
ON APRIL 1, 2004. AD
04/12/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/12/2004
DEFENDANTS' OBJECTION TO PRODUCTION OF DOCUMENTS REQUESTED IN DEPOSITION NOTICE SERVICE
UPON JULIE HARDING AND DIANA MCGLINCHEY SERVED ON MICHAEL J. DONLAN, ESQ. ON 4-9-04 (GA)
04/20/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/20/2004
PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON CHARLES
F. BUDD, JR., ESQ. 04-16-04. (LLS)
04/21/2004 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 04/21/2004
ESTIMATED TIME FOR TRIAL IS 2 DAYS. AD
04/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - RULE 26(G) LETTER FILED ON 04/22/2004
PLAINTIFFS REQUEST FOR DISCOVERY CONFERENCE.
04/23/2004 ORDER - FINAL PRETRIAL ORDER ENTERED ON 04/21/2004
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO
PARTIES/COUNSEL ON 04-21-04. AD
05/04/2004 HEARING - 26(G) CONFERENCE HELD ON 04/28/2004
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
MICHAEL DONLAN, ESQ. TO SUBMIT ORDER TO JUSTICE HUMPHREY IN CUMBERLAND. HEARING WAS HELD
ON THIS DATE AS TO THE DISCOVERY DISPUTE. AD
05/04/2004 ORDER - COURT ORDER ENTERED ON 05/04/2004
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
THIS MATTER BEFORE THE COURT FOR A DISCOVERY CONFERENCE ON WED, APRIL 28, 04, PLAINTIFF
BEING REPRESENTD BY MICHAEL DONLAN, ESQ. AND DEFENDANTS BEING REPRESENTED BY ANTHONY
PELLEGRINI, ESQ. THE DISPUTE CENTERS ON DEFENDANTS' OBJECTIONS TO THE DOCUMENTS REQUESTED
IN THE DEPOSITION NOTICES OF JULIE HARDING AND DIANA MCGLINCHEY. THE REQUESTS AND THE
OBJECTIONS ARE IDENTICAL. A COPY OF THE REQUESTS AND OBJECTIONS ARE ATTACHED TO THIS ORDER
AS EXHIBIT A. BY AGREEMENT OF THE PARTIES, THE PRETRIAL OR- DER DATED APRIL 21, 2004 IS
AMENDED AS FOLLOWS: THE PARTIES SHALL EXCHANGE AND FILE WITNESS AND EXHIBIT LISTS, TRIAL
BRIEFS AND RELATED MATERIALS, IF ANY, AND EXCHANGE SETTLEMENT LETTERS, NO LATER THAN MAY
28, 2004. THE CLERK IS HEREBY DIRECTED TO INCORPORATE THIS ORDER BY REFERENCE ON THE
COURT'S DOCKET PURSUANT TO M.R.CIV.P.79(A). (SEE ORDER 5/04/04). ON 05-4-04 COPIES MAILED
TO CHARLES BUDD, ESQ. AND MICHAEL DONLAN, ESQ. AD
05/05/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 05/05/2004
PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF DIANA MCGLINCHEY AND JULIE HARDING, SERVED ON
CHARLES F. BUDD, JR, ESQ. ON05-04-04. DB
06/01/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
OTHER FILING - EXHIBIT LIST FILED ON 06/01/2004
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OF DEFENDANTS' EXHIBIT LIST. AD
06/01/2004 Party(s) : ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
OTHER FILING - WITNESS LIST FILED ON 06/01/2004
OF DEFENDANTS'. AD
06/01/2004 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
OTHER FILING - TRIAL BRIEF FILED ON 06/01/2004
OF DEFENDANTS'. AD
06/01/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 05/28/2004
OF PLAINTIFF'S WITNESS & EXHIBIT LIST. AD
06/01/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
OTHER FILING - TRIAL BRIEF FILED ON 05/28/2004
OF PLAINTIFF'S TRIAL BRIEF WITH EXHIBIT A. AD
06/02/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
OTHER FILING - WITNESS LIST FILED ON 06/02/2004
PLAINTIFF'S AMENDED WITNESS LIST. DB
09/08/2004 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 09/08/2004
THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE
09/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
DISCOVERY FILING - RULE 26(G) LETTER FILED ON 09/22/2004
FROM MICHAEL DONLAN, ESQ. REQUESTING AN IMMEDIATE DISCOVERY CONFERENCE. AD
10/22/2004 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
LETTER - FROM PARTY FILED ON 10/22/2004
COPY OF MICHAEL DONLAN, ESQ. TO CHARLES BUDD, JR., ESQ. REGARDING FILING OF DEFENDANTS'
SUGGESTION OF BANKRUPCY (DC)
10/22/2004 Party (s): DAVID MCGLINCHEY
OTHER FILING - SUGGESTION OF BANKRUPTCY FILED ON 10/22/2004
OF DEF. DAVID MCGLINCHEY INDIVIDUALLY AND D/B/A GROVE HILL ELK AND DEER FARM (DC)
01/11/2005 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - MOTION TO RETAIN ON DOCKET FILED ON 01/10/2005
OF PLAINTIFF'S MOTION TO RESTORE TO DOCKET. AD
02/04/2005 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
MOTION - MOTION TO RETAIN ON DOCKET GRANTED ON 02/03/2005
THOMAS E DELAHANTY 11, JUSTICE
THERE APPEARING TO BE NO REASON TO FURTHER STAY THE PROCEEDING, IT IS HEREBY ORDERED
THAT: THE CLERK SHALL IMMEDIATELY RESTORE THE CASE TO THE NEXT AVAILABLE TRIAL CALENDAR.
CASE IS TO BE LISTED ON MAY/JUNE LIST IN ITS PRIOR POSITION. ON 02-04-05 COPIES MAILED TO
CHARLES BUDD, WINFRED STEVENS AND MICHAEL DONLAN, ESQS. AD
05/04/2005 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 05/04/2005
THOMAS E DELAHANTY 11, JUSTICE
PURSUANT TO RULE 79(A), M.R.CIV.P., THE CLERK IS DIRECTED TO MAKE THE FOLLOWING ENTRY IN
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THE CIVIL DOCKET; CONFERENCE ORDER FILED; CASE SET FOR TRIAL ON WEEK OF JUNE 6, 2005. ON
05-03-05 COPIES GIVEN IN HAND TO MICHAEL DONLAN, ESQ. AND CHARLES BUDD, ESQ.
09/08/2005 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 09/08/2005
OF CHARLES BUDD, ESQ. AS COUNSEL FOR DEFENDANTS, ATLANTIC GAME MEATS, LLC AND DAVID
MCGLINCHEY, INDIVIDUALLY AND D/B/A GROVE HILLELK AND DEER FARM WITH EXHIBIT A. AD
09/08/2005 Party(s): ATLANTIC GAME MEATS, LLC,DAVID MCGLINCHEY
MOTION - MOTION FOR WITHDRAWAL OF CNSL DENIED ON 09/07/2005
THOMAS E DELAHANTY 11, JUSTICE
MOTION DENIED. CASE IS ON TRIAL LIST AND HAS BEEN FOR SOME TIME. ON 09-07-05 COPIES GIVEN
IN HAND TO MICHAEL DONLAN AND CHARLES BUDD, ESQ. AD
09/08/2005 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 09/07/2005
THOMAS E DELAHANTY 11, JUSTICE
PURSUANT TO RULE 79(A), M.R.CIV.P., THE CLERK IS DIRECTED TO MAKE THE FOLLOWING ENTRY IN
THE CIVIL DOCKET: CONFERENCE ORDER FILED; CASE SET FOR TRIAL ON SEPTEMBER 12 JURY
SELECTION; SEPTEMBER 19, 2005 TRIAL. ON 09-07-05 COPIES GIVEN IN HAND TO MICHAEL DONLAN,
ESQ. AND CHARLES BUDD, ESQ. AD
09/30/2005 TRIAL - BENCH HELD ON 09/19/2005
THOMAS E DELAHANTY 11, JUSTICE
Defendant's Attorney: CHARLES F BUDD
Plaintiff's Attorney: GENE LIBBY Reporter: TIMOTHY THOMPSON
NON-JURY TRIAL BEGINS; PLAINTIFFS' AND DEFENDANT'S MAKE OPENING STATEMENTS; PLAINTIFFS'
TESTIMONY BEGINS; PLAINTIFFS REST; DEFENDANTS TESTIMONY BEGIN S; DEFENDANTS REST;
PLAINTIFFS' REBUTTAL WITNESSES; PLAINTIFFS FINALLY RESTMICHAEL DONLAN, ESQ. PRESENT FOR
PLAINTIFF. PLAINTIFFS AND DEFENDANTS' EXHIBITS FOR TRIAL
HELD ON SEPTEMBER 19, 2005 ARE ENCLOSED IN FILE ON EXHIBIT SHEETS. AD
COURT TAKES MATTER UNDER ADVISEMENT.
05/22/2006 Party(s): BAYLEY HILL DEER & TROUT FARM, INC.
LETTER - FROM PARTY FILED ON 05/22/2006
FROM GENE R. LIBBY, ESQ. ASKING FOR STATUS OF THE CASE. (DY)
09/01/2006 FINDING - JUDGMENT DETERMINATION ENTERED ON 09/01/2006
THOMAS E DELAHANTY 11, JUSTICE
THE CLERK WILL MAKE THE FOLLOWING ENTRY AS THE DECISION AND JUDGMENT OF THE COURT:
JUDGMENT FOR PLAINTIFF BAYLEY HILL DEER & TROUT FARM, INC. IN THE AMOUNT OF $84,354.29
AGAINST ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY INDIVIDUALLY, JOINTLY AND
SEVERALLY. PLAINTIFF IS AWARDED ITS COSTS AND INTEREST AS ALLOWED BY RULE AND STATUTE. SO
ORDERED. ON 09-01-06 COPIES MAILEDTO WINFRED STEVENS, CHARLES BUDD AND MICHAEL DONLAN,
ESQS. AD
ORDER - COURT JUDGMENT ENTERED ON 09/01/2006
THOMAS E DELAHANTY 11, JUSTICE
THE CLERK WILL MAKE THE FOLLOWING ENTRY AS THE DECISION AND JUDGMENT OF THE COURT:
JUDGMENT FOR PLAINTIFF BAYLEY HILL DEER & TROUT FARM, INC. IN THE AMOUNT OF $84,354.29
AGAINST ATLANTIC GAME MEATS, LLC, AND DAVID MCGLINCHEY INDIVIDUALLY, JOINTLY AND
SEVERALLY. PLAINTIFF IS AWARDED ITS COSTS AND INTEREST AS ALLOWED BY RULE AND STATUTE. SO
ORDERED. ON 09-01-06 COPIES MAILEDTO WINFRED STEVENS, CHARLES BUDD AND MICHAEL DONLAN,
ESQS. AD MS. DEBORAH FIRESTONE, THE DONALD GARBRECHT LAW LIBRARY, GOSS MIMEOGRAPH,
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DOCKET RECORD
LOISLAW.COM, INC. AD
Judgment entered for BAYLEY HILL DEER & TROUT FARM, INC. and against ATLANTIC GAME MEATS, LLC,
DAVID MCGLINCHEY, WINDHAM BUTCHER SHOP, INC. in the amount of $84354.29.
09/01/2006 FINDING - FINAL JUDGMENT CASE CLOSED ON 09/01/2006
A TRUE COPY
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