Opinion
RE-12-63
05-25-2023
PETER M. BECKERMAN Plaintiff, v. RICKY CONANT and MONICA CONANT, Defendants,
ATTORNEY FOR: PETER M BECKERMAN ALTON STEVENS - RETAINED 07/16/2012 MARDEN DUBORD BERNIER & STEVENS PA LLP ATTORNEY FOR: RICKY CONANT ANDRE G DUCHETTE - RETAINED TAYLOR MCCORMACK & FRAME LLC ATTORNEY FOR: RICKY CONANT JARED DESROSIERS - RETAINED PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: RICKY CONANT CATHERINE CONNORS - RETAINED PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: RICKY CONANT JUDITH WOODBURY - RETAINED 06/15/2016 PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: RICKY CONANT NOLAN L REICHL - RETAINED PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: MONICA CONANT ANDRE G DUCHETTE - RETAINED TAYLOR MCCORMACK & FRAME LLC ATTORNEY FOR: MONICA CONANT JARED DESROSIERS - RETAINED PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: MONICA CONANT CATHERINE CONNORS - RETAINED PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: MONICA CONANT JUDITH WOODBURY - RETAINED 06/15/2016 PIERCE ATWOOD MERRILLS WHARF ATTORNEY FOR: MONICA CONANT NOLAN L REICHL - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: PETER M BECKERMAN ALTON STEVENS - RETAINED 07/16/2012 MARDEN DUBORD BERNIER & STEVENS PA LLP
ATTORNEY FOR: RICKY CONANT ANDRE G DUCHETTE - RETAINED TAYLOR MCCORMACK & FRAME LLC
ATTORNEY FOR: RICKY CONANT JARED DESROSIERS - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: RICKY CONANT CATHERINE CONNORS - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: RICKY CONANT JUDITH WOODBURY - RETAINED 06/15/2016 PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: RICKY CONANT NOLAN L REICHL - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: MONICA CONANT ANDRE G DUCHETTE - RETAINED TAYLOR MCCORMACK & FRAME LLC
ATTORNEY FOR: MONICA CONANT JARED DESROSIERS - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: MONICA CONANT CATHERINE CONNORS - RETAINED PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: MONICA CONANT JUDITH WOODBURY - RETAINED 06/15/2016 PIERCE ATWOOD MERRILLS WHARF
ATTORNEY FOR: MONICA CONANT NOLAN L REICHL - RETAINED PIERCE ATWOOD MERRILLS WHARF
ORDER
DEBORAH P. CASHMAN JUSTICE, MAINE SUPERIOR COURT
Before the court is Defendants' Motion to Alter or Amend Judgment and/or for Reconsideration Under Rule 59(e). On March 10, 2023, the court issued an order granting Plaintiff's motion for contempt pursuant to M.R. Civ. P. 66(d) and imposed a remedial sanction in the form of "reasonable attorney fees and costs incurred by Plaintiff arising out of or in connection with the motion for contempt . . . ." In the pending motion, Defendants essentially seek clarification as whether the attorney fee award is an integral part of the court's order, arguing that the attorney fee claim was not integral. See M.R. Civ. P. 54(b)(2) ("In an action in which there is a claim for attorney fees, a judgment entered on all other claims shall be final as to those claims unless the court expressly finds that the claim for attorney fees is integral to the relief sought.").
The court clarifies that the attorney fee award is integral to the court's order and the sanction to be imposed for Defendants' contempt. MacDonald v. MacDonald, 2012 Me. Unpub. LEXIS 108. As the attorney fee amount remains unresolved, final judgment has yet to issue. Id. Thus, Defendants' motion-to the extent it seeks to amend judgment pursuant to M.R. Civ. P. 59(e)-is denied, as the "rules do not allow a motion to alter or amend pursuant to M.R. Civ. P. 59(e) ... in the absence of a final judgment." Mortg. Elec. Registration Sys. v. Saunders, 2010 ME 79, ¶ 21, 2 A.3d 289. To the extent Defendants seek leave to file an objection to the Affidavit of Plaintiff's Attorney Regarding Fees and Expenses Incurred in Litigating this Case, that request is granted.
The entry is: Defendants' motion is GRANTED in part and DENIED in part. Defendants' objection to the Affidavit of Plaintiff's Attorney Regarding Fees and Expenses shall be filed within 14 days from the date of this Order. Plaintiff's reply, if any, shall be due no later than 7 days after Plaintiff is served with Defendants' objection.
The Clerk is directed to incorporate this Order into the docket of this case by reference in accordance with M.R. Civ. P. 79(a).
Docket Events:
07/24/2012 FILING DOCUMENT - COMPLAINT FILED ON 07/16/2012
08/02/2012 Party(s): MONICA CONANT SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/19/2012
ORIGINAL SUMMONS WITH RETURN SERVICE MADE UPON MONICA CONANT
08/02/2012 Party(s): RICKY CONANT SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 07/19/2012
ORIGINAL SUMMONS WITH RETURN SERVICE MADE UPON RICKY CONANT
08/10/2012 Party(s): RICKY CONANT, MONICA CONANT RESPONSIVE PLEADING - ANSWER & COUNTERCLAIM FILED ON 08/08/2012
08/10/2012 Party(s): PETER M BECKERMAN ATTORNEY - RETAINED ENTERED ON 07/16/2012