Rancourt v. Waterville Osteopathic Hospital

526 A.2d 1385, 1987 Me. LEXIS 736
CourtSupreme Judicial Court of Maine
DecidedJune 17, 1987
StatusPublished
Cited by10 cases

This text of 526 A.2d 1385 (Rancourt v. Waterville Osteopathic Hospital) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rancourt v. Waterville Osteopathic Hospital, 526 A.2d 1385, 1987 Me. LEXIS 736 (Me. 1987).

Opinions

SCOLNIK, Justice.

Sheila Rancourt appeals from a judgment of the Superior Court, Kennebec County, granting Waterville Osteopathic Hospital’s motion for summary judgment. Rancourt contends that the court erred: (1) in ruling on the hospital’s motion for leave to file a summary judgment motion after the filing of an expedited pretrial order, in violation of an administrative order regarding civil case flow expedition, and (2) in concluding that there existed no genuine issues of material fact as to an alleged oral contract for lifetime employment. We affirm the judgment.

Sheila Rancourt was an employee of Wa-terville Osteopathic Hospital from 1968 until her termination on June 20, 1984. The stated reason for her discharge was her failure adequately to perform her job responsibilities. After pursuing the hospital’s grievance procedure, Rancourt filed a complaint seeking damages and contesting her termination. On appeal, Rancourt relies only on Count II of her amended complaint, alleging that “[o]n or about March 1, 1984, Dr. Littman [sic], a duly authorized agent of the Defendant told the Plaintiff that she would never have to worry about losing her job.” She further contends that this statement entitled her to continuing employment with the hospital and that her termination violated the employment agreement.

The Superior Court entered an expedited pretrial order on March 4, 1985, that required all discovery to be completed by August 1st of that year. The case was thereafter scheduled for jury trial on a trailing docket on five separate occasions, but a trial was never commenced because the case was not reached. Immediately before the final date set for trial, the defendant filed a motion to continue on the ground that it had obtained different counsel who would require additional time to prepare for trial. A justice of the Superior Court granted the motion without a hearing. The plaintiff noted her objection to [1387]*1387the granting of the continuance by letter addressed to the Clerk of the Superior Court.

The defendant then sought leave of court to file a motion for summary judgment. After a hearing before a second Superior Court justice, the motion was granted over the plaintiff’s objection. This justice then entered summary judgment for the defendant, concluding that there were no genuine issues as to any material facts.

I.

We first discuss the plaintiff’s contention that the defendant’s filing of a motion for summary judgment after having obtained leave to do so was in violation of an administrative order adopted by the Law Court on January 2, 1986, entitled an “Administrative Order in Regard to Civil Case Flow Expedition in All Counties of the State” (hereinafter “administrative order”).1 Paragraph 5 of that order states in pertinent part:

After the date established by the court’s order for the completion of discovery, no party shall file any motion except motions pertaining to the trial of the case, such as Motions in Limine.

Me.Rptr., 498-509 A.2d CXIX, CXXI (effective February 1, 1986).

The administrative order established a program for civil case flow management in all counties of the State, and was “designed to minimize the time during which a civil case remains pending in Superior Court.” Thorne v. Pickering, 519 A.2d 718, 720 n. 3 (Me.1987). In particular, the administrative order seeks to reduce long docket delays and unnecessary expense by establishing a procedure, modeled after the system currently employed in the District of Columbia, whereby actions deemed to be not complex by a Superior Court justice who has reviewed the case are placed on an expedited pretrial list with fixed discovery deadlines and no pretrial memoranda or conference. All other actions proceed in the normal fashion under the Maine Rules of Civil Procedure. A court may, in its discretion, order sanctions for a party’s noncompliance with any court order issued pursuant to the administrative order. These sanctions are identical to those imposed under M.R.Civ.P. 16(d) for noncompliance with pretrial orders.

Although, in the case before us, the defendant, under paragraph 5 of the administrative order, did not have the right to file any motion not pertaining to the trial of the case after the completion of discovery, that order did not divest the trial justice of his authority to entertain a motion for summary judgment pursuant to Rule 56 of the Maine Rules of Civil Procedure. Even though the defendant may well have acted in violation of paragraph 5 by filing a motion for leave to file a motion for summary judgment, violations that may have been subject to sanctions under paragraph 7 of the administrative order,2 the presiding justice acted within his discretion in entertaining a motion for leave to file a motion for summary judgment pursuant to M.R.Civ.P. 56. The relevant provision of that rule provides that

[a] party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, but within such time as not to delay trial, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

M.R.Civ.P. 56(b) (emphasis added).

There is tension between the language of Rule 56 and the language of paragraph 5 of the administrative order. Paragraph 5 of the order restricts the filing of motions, other than those pertaining to the trial of the case, to the time period prior to the date established by the court’s order for the completion of discovery. However, the [1388]*1388administrative order does not pre-empt the summary judgment procedure under Rule 56. This rule, as a pretrial mechanism for determining whether a trial will be necessary, Mearl Corp. v. State Tax Assessor, 482 A.2d 1258, 1260 (Me.1984), may be filed “at any time,” subject to the restriction that the filing of the motion is made “within such time as not to delay trial.”3

Because of the procedural posture of this case, there was no trial delay. At the time of filing the motion to continue, the defendant’s new counsel wrote to the Clerk of the Superior Court stating that plaintiff’s attorney objected to the motion and requesting a conference call with the justice. It was an abuse of discretion for the justice to grant the defendant’s motion to continue one day after it was filed without furnishing the plaintiff an opportunity to be heard.4 Although the plaintiff objected after the motion was granted, she does not in this appeal challenge the ruling granting a continuance. Thus, not only is that issue not before us on this appeal, but as we later explain in Part II of this opinion, because the plaintiff’s case could not have survived a motion for directed verdict, the granting of the continuance must be deemed harmless error. See M.R.Civ.P. 61. Once the case was continued, it was not an abuse of discretion for a subsequent justice to grant leave for filing a motion for summary judgment, concluding that to do so would not delay trial. It was then within that justice’s discretion to grant the motion for summary judgment. We find no error in the court's granting leave to file and later granting the summary judgment motion.

II.

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Rancourt v. Waterville Osteopathic Hospital
526 A.2d 1385 (Supreme Judicial Court of Maine, 1987)

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Bluebook (online)
526 A.2d 1385, 1987 Me. LEXIS 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rancourt-v-waterville-osteopathic-hospital-me-1987.