No. 23-817

Michael Donatelli, et al. v. Town of Old Orchard Beach, Maine, et al.

Lower Court: Maine
Docketed: 2024-01-29
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure due-process equal-protection fourteenth-amendment motion-for-reconsideration motion-for-sanctions spoliation-of-evidence summary-judgment
Key Terms:
DueProcess
Latest Conference: 2024-05-23 (distributed 2 times)
Question Presented (from Petition)

Did the court err in passing on properly disposing of the plaintiffs' filing of a motion for sanctions due to spoliation of evidence mis-styled as a motion for summary judgment?

Did the court err in not properly disposing of the plaintiffs' motion to reconsider for oral argument that was filed timely?

Did the court err in entering a final decision prematurely because it did not first properly dispose of a timely motion for sanctions for spoliation of evidence nor properly dispose of a timely motion for reconsideration for oral argument?

The question of whether a court can neglect its responsibilities on properly disposing of timely filed motions in contradiction of its own rules and statutes, causing severe prejudice against the petitioners, violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution. The issue is important because it deprives the constitutional rights of individuals and would allow for a state court system that does not respect laws.

Question Presented (AI Summary)

Did the court err in passing on properly disposing of the plaintiffs' filing of a motion for sanctions due to spoliation of evidence mis-styled as a motion for summary judgment?

Docket Entries

2024-05-28
Rehearing DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-04-25
Petition for Rehearing filed.
2024-04-01
Petition DENIED.
2024-03-21
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-27
Brief of respondents Town of Old Orchard Beach, Maine, et al. in opposition filed.
2024-01-23
Petition for a writ of certiorari filed. (Response due February 28, 2024)

Attorneys

Michael Donatelli, et al.
Michael Donatelli — Petitioner
SCOTT E. JARRETT, DANA M. KELLEY, GERARD HAMILTON, ANTHONY GERMAINE, STEVEN BROY, JAMI LADAKAKOS, DAN FEENEY, ROD BELANGER, TOWN OF OLD ORCHARD BEACH
John J. Wall IIIMonaghan Leahy. LLP, Respondent