Opinion
SUPERIOR COURT CIVIL ACTION Docket No. CV-13-316
12-03-2013
MARJORIE J. GETZ, Plaintiff v. ELIZABETH McCUSKER and STEPHEN McCUSKER, Defendants
STATE OF MAINE
CUMBERLAND, ss
ORDER
Before the court is a motion for reconsideration and leave to amend, signed by defendant Stephen McCusker. The plaintiff's amended complaint was served on the defendants on 6/27/13. Defendant Stephen McCusker filed an answer to the amended complaint on 7/16/13. He filed an amended answer and the defendants filed a counterclaim on 8 / 2 /13. The plaintiff filed a motion to dismiss the counterclaim and an objection to the defendant Stephen McCusker's amended answer on 8/15/13. Neither defendant responded to the motion or objection. On 10/1/13, the court determined that the amended answer and counterclaim were not filed in a timely manner and, although filed, were of no legal significance.
Neither the plaintiff's objection to the amended answer nor the defendant Stephen McCusker's motion for reconsideration and leave to amend contained the required Rule 7(b)(1)(A) language. M.R. Civ. P. 7(b)(1)(A). The plaintiff's motion to dismiss did contain the required language.
Self-represented parties are held to the same standard as represented parties. See Dyer, Goodall and Federle, LLC v. Proctor, 2007 ME 145, ¶18, 935 A.2d 1123. In his motion, the defendant Stephen McCusker provides no basis on which the court can make a finding of excusable neglect. See M.R. Civ. P. 7(b); see Dyer, 2007 ME 145, ¶ 18, 935 A.2d 1123. Further, the defendants filed no opposition to the plaintiff's motion to dismiss the counterclaim and defendant Stephen McKusker filed no opposition to the objection to his amended answer but he now asks the court to reconsider the resulting order. See M.R. Civ. P. 7(c)(3); 7(b)(5).
The Defendant Stephen McCusker's Motion for Reconsideration and Leave to Amend is Denied.Date: December 3, 2013
/s/_________
Nancy Mills
Justice, Superior Court
MARJORIE J. GETZ PL
PO BOX 18208 PORTLAND ME 04112 ELIZABETH MCCUSKER DEF
8 COUNTY ROAD RAYMOND ME 04071 STEPHEN R. MCCCUSKER DEF
8 COUNTY ROAD RAYMOND ME 04071