Dineen v. MSAD 35

Opinion

STATE OF MAINE YORK, SS.

JAMES M. DINEEN, )

)

Plaintiffs, )

v. ) ORDER )

MSAD 35, et al. )

)

Defendants. )

Before the Court is Defendants Motion to Dismiss.

Plaintiff brought this action against Defendants Maine School Administrative District 35

and Richard Buzzell for defamation and tortious interference. Plaintiff filed the complaint with

the court within the statutory period, but failed to file a return of service within 90 days pursuant

to Maine Rule of Civil Procedure 3. M.R. Civ. P. 3. Rule 3 states that where the return of service

is not filed within 90 days, the action may be dismissed upon motion or notice. Additionally, as a

result ofPlaintiff's failure to comply with M.R. Civ. P. 3, the Court does not have personal

jurisdiction over Defendants in this matter. See Fries v. Carpenter, 567 A.2d 437, 439 (Me.

1989) ("We hold that because the plaintiffs failed to make a timely service of process on the

defendants personal jurisdiction of the defendants was never secured.") Plaintiff has not offered

good cause for the delay, nor did Plaintiff request an extension in order to serve Defendants. The

Court grants Defendants' Motion to Dismiss.

DATE:

John O'Neil, Jr. Justice, Superior Court

PLAINTIFF PRO SE: JAMES M DINEEN POBOX324 KITTERY ME 03 904

ATTORNEY FOR DEFENDANTS : MICHAEL BUESCHER 84 MARGINAL WAY SUITE 600 PORTLAND ME 04101