Opinion
SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-13-148
12-04-2014
BRUCE PLANTE and DENNIS PLANTE, Plaintiffs v. RONALD P. LONG, Defendant
ATTORNEYS FOR PLAINTIFFS: GENE LIBBY TYLER SMITH LIBBY O'BRTEN KINGSLEY & CHAMPION LLC 62 PORTLAND RD UNIT 17 KENNEBUNK ME 04043 ATTORNEYS FOR DEFENDANT: JONATHAN BROGAN JOHNATHAN G NATHANS NORMAN HANSON & DETROY LLC PO BOX 4600 PORTLAND ME 04112
STATE OF MAINE YORK, ss.
ORDER
The defendant has filed a special motion to dismiss the complaint in its entirety pursuant to 14 M.R.S. §556 and a motion to dismiss.
Those motions have been briefed and were argued with skill and careful preparation. The motions will be denied for two reasons.
In 1995 Maine enacted an anti-Strategic Lawsuit Against Public Participation statute at 14 M.R.S. §556, Its history and provisions have most recently been discussed in Town of Madawaska v. Coyer, 2014 ME 121. The statute provides that, "The special motion to dismiss may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms the court determines proper." Here the defendant, who initially was without counsel, filed the motion some 151 days after service of the complaint and more than 60 days after counsel entered the case. There are no sufficient reasons to extend the 60-day period.
The second reason for denying the motion, beyond its being untimely, is that the facts are not yet clear enough to decide whether this was an improper attempt by public officials to muzzle criticism or a proper suit by unjustly maligned and defamed individuals. See generally Nader v. Maine Democratic Party (Nader II), 2013 ME 51.
The parties did agree that Counts I and Count VII of the complaint should be dismissed. A stipulation of dismissal was previously entered dismissing those two counts.
The entry is:
Defendant Ronald P. Long's motion to dismiss smd special motion to dismiss are denied.Dated: December 4, 2014
/s/_________
Paul A. Fritzsche
Justice, Superior Court
ATTORNEYS FOR PLAINTIFFS:
GENE LIBBY
TYLER SMITH
LIBBY O'BRTEN KINGSLEY & CHAMPION LLC
62 PORTLAND RD UNIT 17
KENNEBUNK ME 04043
ATTORNEYS FOR DEFENDANT:
JONATHAN BROGAN
JOHNATHAN G NATHANS
NORMAN HANSON & DETROY LLC
PO BOX 4600
PORTLAND ME 04112