Opinion
Docket No. BATSC-AP-13-002
08-01-2013
CAMILLE M. CYR Plaintiff-Appellant v. KATE E. CONLEY Defendant-Appellee
STATE OF MAINE Sagadahoc, ss.
ORDER
The May 8, 2013 Scheduling Order in this small claims appeal called for the Appellant, Camille M. Cyr, to file his brief 40 days after May 7, 2013. The transcript of the small claims hearing was docketed May 16, 2013.
On June 18, 2013, the clerk received a letter from Mr. Cyr requesting "a 10 day extension," presumably of the deadline for his brief. That letter was presented to the court today. Had Mr. Cyr's brief been filed within the 10-day extension period, the court assuredly would have granted the extension, now for then. However, nothing has been filed in the six weeks since the extension request was docketed June 18, 2013. That fact renders the extension request moot since Mr. Cyr's brief, if he files one, will be untimely regardless of whether the requested 10-day extension is granted.
IT IS ORDERED that within 14 days of this order Plaintiff-Appellant Cyr will show cause by means of a written statement why his appeal should not be dismissed for failure to prosecute. He may file a brief within that same 14-day period and the court will consider whether the brief raises valid appeal issues in deciding whether the appeal should be dismissed.
Pursuant to M.R. Civ. P. 79(a), the Clerk is hereby directed to incorporate this order by reference in the docket. Dated 1 August 2013
/s/_________
A. M. Horton
Justice, Superior Court
Date Filed 01/29/13
BATSC-13-2
Sagadahoc County Docket No. Action: District Court Small Action Camille Cyr vs. Kate Conley Plaintiff's Attorney
Pro-Se
Camille M. Cyr
7 Algonquin Lane
Brunswick, Maine 04011
Defendant's Attorney Susan J Szwed, Esq
PMB 815
PO Box 9715
Portland, Maine 04104-5015
Date of
Entry
Received 01/29/13:
Attested copy of the Notice of Appeal with attested copy of the docket sheet and all filings
from the West Bath District Court, filed.