UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
______________________________
TIM MCGUIGAN ) C.A. No.08-10163
)
v. )
) COMPLAINT AND JURY DEMAND
JOHN CONTE, AND JOSEPH )
EARLY, DISTRICT ATTORNEY )
OF WORCESTER. )
_________________________ )
INTRODUCTION
1. This is a contract action against the defendants based on their refusal to honor their obligations to turn over $100,000 in reward money to the plaintiff in spite of the fact the plaintiff had led police to the body of Molly Bish who was missing, thus accepting by performance the offer of $100,000.00 for information “leading to Molly Bish”.
JURISDICTION
2. Jurisdiction is based on the diversity of the parties where the claim is for over $75,000.00.
PARTIES
3. Plaintiff Tim McGuiggan is a resident of Rhode Island
4. Defendant John Conte is a resident of Worcester, Massachusetts
5. Defendant Joseph Early is the District Attorney of Worcester, Massachusetts and is a resident of Worcester, Massachusetts.
FACTS
6. On or about March 2001, defendant John Conte offered $100,000.00 as a reward for information “leading to Molly Bish” (Exb.A). Local citizens had committed to putting up the money.
7. Molly Bish had been abducted on 6/27/00 and had not been heard of since that time.
8. The plaintiff learned from an acquaintance that he had observed a blue bathing suit in an isolated wooded area.
9. Plaintiff believed based on the description of the suit and it’s location that it might be Molly Bish’s.
10. He went to the scene of the bathing suit and determined that it fit the description of the one Molly was wearing.
11. On May 15, 2003 he called the Holden State Police Barracks and reported his finding.
12. The state police and other law enforcement persons attached to Conte’s office came to the scene where they searched and dug the area and discovered the remains of Molly Bish.
13. Plaintiff demanded the reward as he had accepted it by performance.
14. Conte broke his contractual obligation and refused to turn over the reward to the plaintiff. Defendant Early has also refused to give the plaintiff the reward monies.
CAUSE OF ACTION IN CONTRACT
15. Defendant offered to anyone who gave information “leading to Molly Bish” a $100,000 reward.
16. Plaintiff accepted this offer by performance as he led the authorities to the body of Molly.
17. Defendant’s have violated the contract by refusing to turn over to the plaintiff the reward money.
THEREFORE
Plaintiff requests the Honorable Court to take the following actions:
a.) Order that Defendants to immediately turn over to the plaintiff the $100,000 reward.
b.) Do whatever is necessary to achieve justice.
THE PLAINTIFF DEMANDS A JURY TRIAL
Respectfully submitted,
The Plaintiff Tim McGuigan
By his attorney,
//s// Stephen Hrones________
Stephen Hrones BBO#242860
Hrones, Garrity & Hedges
Lewis Wharf – Bay 232
Boston, MA 02110-3927
T) 617/227-4019
Dated: February 1, 2008