Opinion
CV-2021-366
10-28-2022
RONALD CHADBOURNE, Plaintiff, v. CASCO AERIE #565 FRATERNAL ORDER OF EAGLES and MATTHEW HALL, Defendants.
ORDER ON UNOPPOSED MOTION TO DISMISS
MaryGay Kennedy, Justice
Before the Court is Defendants Casco Aerie #565 Fraternal Order of Eagles and Matthew Hall's Motion to Dismiss pursuant to Maine Rule of Civil Procedure 12(b)(6). Counts I, III, and IV of Plaintiff Ronald Chadbourne's Amended Complaint are pending. Defendants seek dismissal of Count IV, only.
By Order dated August 11, 2022, the Court granted Mr. Chadbourne's Motion to Amend as to Count IV, which was reasserted following dismissal without prejudice, and denied the motion as to the proposed Counts V, VI, and VII, and the proposed reasserted Count II, Counts I and III of the original Complaint had not been dismissed at the time of filing of the Motion to Amend. Although the Court did not address Counts I and III at length in its August 12 Order, they were incorporated in the Amended Complaint as accepted.
Mr. Chadbourne has not opposed the pending motion to dismiss. Accordingly, the Court need not reach the merits of the motion. Petit v. Lumb, 2014 ME 117, ¶ 8,103 A.3d 205 ("When a motion is unopposed, the court need not reach the merits of the motion because, under Rule 7(c)(3), the adverse party has waived any objection to it."). The Court, therefore, grants the motion and dismisses Count IV of the Amended Complaint, Negligent Service of Liquor/Maine Liquor Liability Act. The remaining counts of the Amended Complaint are undisturbed.
The entry is:
Defendants' unopposed Motion to Dismiss is GRANTED. Count IV of Plaintiff's Amended Complaint is DISMISSED.
The Clerk is directed to incorporate this Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).