Opinion
SUPERIOR COURT CIVIL ACTION Docket No. RE-10-480
01-30-2015
BAXK OF AMERICA, Plaintiff v. STEVEN F. DOYOX and TRACY L. DOYON, Defendents
STATE OF MAINE
CUMBERLAND, ss
ORDER ON PLAINTIFFS MOTION TO DISMISS
Before the court is plaintiff's motion to dismiss the complaint without prejudice. Plaintiff states it does not want to proceed fur titer without a review of the impact of the Greenleaf decision on this case. See Bank of Am. v. Greenleaf, 2014 ME 89, 96 A.3d 700. Defendants argue they have had a difficult time dealing with plaintiff and ask for a dismissal with prejudice.
The court concludes that the conduct of plaintiff in this case does not rise to the level requiring a dismissal with prejudice. See, e.g., U.S. Bank, N.A. v. Sawyer, 2014 ME 81, 95 A.3d 608.
The following is ordered:
1. Plaintiff's motion to dismiss is granied. Plaintiff's complaint is dismissed without prejudice.
2. No attorney's fees or costs incurred by plaintiff as a result of this lawsuit will be charged to defendants.
3. No late charges for the period during which this lawsuit has been pending will be charged to defendants.
4. if the defendants have incurred any attorney's fees during this lawsuit, counsel tor defendants will file within thirty days of the date of this order an affidavit of attorney's fees incurred by defendants. Counsel in his affidavit should address the factors outlined in "Nadeau v. Nadeau, 2008 ME 147, ¶ 39, 957 A.2d 108 and Poussard v. Commercial Credit Plan, 479 A,2d 681, 934 (Me. 1984).
5. If plaintiff files a subsequent complaint for foreclosure against these defendants with regard to Loe mortgage filed in the Cumberland County Registry of Deeds, Book 25979. Page 94, plaintiff's counsel will attach a copy of the complaint in Cumberland RE-10-480 and a copy of this order of dismissal to the subsequent complaint.The clerk is directed to incorporate this order into the docket by reference. Dated: January 30, 2015
/s/_________
Nancy Mills
Justice, Superior Court
CARRIE FOLSOM ESQ
SHECHTMAN HALPERIN SAVAGE
1080 MAIN ST
PAWTUCKET RI 02860
STEVEN DOYON
TRACY DOYON
5 BOULDER RD
RAYMOND ME 04071