Opinion
CV-18-128
01-14-2021
City of Lewiston, Plaintiff, v. William Verrinder, Defendant.
ORDER ON PENDING MOTIONS
Valerie Stanfill, Justice
On August 14, 2020, Plaintiff moved for summary judgment. Defendant filed a timely opposition on September 3, 2020, and filed his own motion for summary judgment on September 4, 2020. Plaintiff filed a timely opposition to Defendant's motion on September 28, 2020, Before the Court are a number of other pending replies, motions and letters. Upon consideration, the court orders as follows:
1. Plaintiff's Reply to Defendant's Opposition to Plaintiff s Motion for Summary Judgment was filed September 21, 2020, more than 14 days after Defendant's opposition, and is therefore untimely. M.R. Civ, P. 7(e).
2. Defendant's Response to Plaintiff's reply statement of material facts was filed September 28, 2020, also untimely and mooted by the fact that Plaintiff's Reply was untimely.
3. On September 29, 2020, Defendant moved to file a Sur-reply to Plaintiff's Reply in support of its Motion for Summary Judgment. That motion is denied as sur-replies are not contemplated by M.R. Civ. P. 7.
4. On October 13, 2020, Defendant moved to strike a majority of the Exhibits attached to Plaintiff's Motion for Summary Judgment. That motion is untimely pursuant to M.R. Civ. P. 7(c) and is denied.
5. Also on October 13, 2020 Defendant filed a motion to hold Plaintiff, CEO Richard, and Attorney Carey "in criminal contempt of court and contempt of court." Defendant has not followed any of the procedures for moving for remedial contempt as set forth in M.R. Civ. P. 66(b). The court also specifically notes that the pleading does not state a sufficient basis for this court to make a request for prosecution under M.R. Civ. P. 66(c)(2)(B) for punitive (criminal) contempt. Therefore, the motion for contempt is denied without hearing.
6. The rulings on the pending motions for summary judgment are contained in a separate order.
The Clerk is directed to incorporate this Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).