Building Service 32BJ Health Fund v. Hi Rise, Inc.

Background

The plaintiffs are the trustee and trustees identified in the caption, the Building Service 32BJ Health Fund, and the Massachusetts Service Employees Pension Fund. The defendants are Hi-Rise Building Services, Inc., Hi-Rise, Inc., Limitless Window Cleaning Corp., and Robert Moroney. The court had already entered a default judgment that allowed broad post-judgment discovery to obtain documents needed or desirable for a payroll compliance audit.

Discovery from Robert Moroney

The court ordered that the plaintiffs may demand from Robert Moroney bank records concerning Hi-Rise, Inc. and Hi-Rise Building Services, Inc., which Mr. Moroney represented were purportedly defunct businesses. The court found those records within the broad scope of the default judgment, particularly because Mr. Moroney said he did not maintain general ledgers or cash-disbursement journals that would otherwise show the companies’ accounts receivable and payable. The plaintiffs do not need to move to modify the default judgment before seeking the bank records.

The court also allowed the plaintiffs to serve interrogatories—written questions requiring answers—on Mr. Moroney about his management of Limitless Window Cleaning Corp. The court stated that, even if he lacked documents about that company, his sworn answers could help conduct the payroll compliance audit contemplated by the default judgment.

Discovery from Evan Richards

The court denied without prejudice the plaintiffs’ motion to seek post-judgment discovery from Evan Richards, who had withdrawn as defense counsel. The court noted that the plaintiffs had filed affidavits showing service on all defendants, including service of the default judgment, at multiple addresses. It said the plaintiffs may use those addresses to seek information directly from the defendants instead.

Additional order and disposition

The court scheduled a status conference for September 8, 2022, at 3:15 p.m., to ensure compliance with the order. In a footnote, the court explained that it had relieved Mr. Richards as counsel after he said he had been fired by the two Hi-Rise companies. Because he was no longer counsel of record, the court directed him to refrain from communicating in the litigation for any defendant, including Mr. Moroney, whom Mr. Richards claimed to represent individually but not in this case. The court warned that it could use its authority over the litigation, including by rescinding the withdrawal order or imposing sanctions. Judge Paul A. Crotty’s order therefore allowed specified post-judgment discovery from Mr. Moroney, denied without prejudice the request directed to Mr. Richards, and set a compliance conference.