Reznik v. Garaffo

2008 Mass. App. Div. 58
CourtMassachusetts District Court, Appellate Division
DecidedFebruary 15, 2008
StatusPublished
Cited by2 cases

This text of 2008 Mass. App. Div. 58 (Reznik v. Garaffo) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reznik v. Garaffo, 2008 Mass. App. Div. 58 (Mass. Ct. App. 2008).

Opinion

Per Curiam.

This case is before us on the parties’ cross appeals of the dismissal with prejudice of all claims made by the plaintiffs, Mark and Helen Reznik, and all counterclaims filed by the defendants, Richard T. Garaffo, Avary RTG, Inc., Robert Yelton, and Bay Avary Associates, LLC. The dismissals are a culmination of needlessly protracted, convoluted, repetitive, and often frivolous procedural machinations over a three-year period in this questionable civil action that never advanced past the discovery phase.

[59]*59This is the second time the case has been before this Appellate Division. On February 22, 2006, we issued an opinion vacating a trial court judge’s premature imposition of sanctions and dismissal of the complaint that had been filed on November 17,2004 in the Concord District Court by Mark Reznik (“Reznik”) against Richard T. Garaffo and Avary RTG, Inc. The opinion contains a detailed discussion of the allegations underlying the action. See Reznik v. Garaffo, 2006 Mass. App. Div. 25. It also addressed concerns about Reznik’s motives and methods in connection with his lawsuit

We enter th[is] order [returning the case to the trial court] fully cognizant of the validity of the defendants contentions that Reznik was largely motivated in commencing this action by his personal animus towards the defendants, an irrelevant sentiment improperly reiterated throughout his filings in this case. It is also clear that Reznik appears to find expression for that sentiment in any procedural maneuver, however frivolous, that will increase the defendants’ attorney’s fees and litigation costs and thus redound to their financial detriment. Even beyond those considerations, the defendants make a compelling request for some relief from Reznik’s harassment.

IcL. at 30.

Despite this clear admonition, Reznik immediately resumed his intemperate filings upon the return of the case to the trial court. In the two-month period between this Division’s opinion and the April 21, 2006 case management conference, Reznik filed more than a dozen motions, memoranda, supplemental memoranda, and other documents that defy description. Included were Reznik’s motion to not reconsider an earlier denial of his first motion to amend the complaint, repeated motions to cancel the case management conference, a request for clarification as to why he was subjected to “discrimination,” and a motion to bar the defendants from responding to his motions.

On March 30,2006, the trial court clerk allowed Reznik’s motion to default the defendants. The defendants responded with a motion to remove the default and answer late, a motion to add Reznik’s wife, Helen Reznik, as a party, and a motion for leave to file an answer and counterclaims for Reznik’s (1) abuse of process, (2) intentional infliction of emotional distress, and (3) intentional interference with advantageous relations. After hearing, the court entered an order on April 21,2006 allowing the defendants’ motions, including the motion to add Helen Reznik as a plaintiff; partially allowing the defendants’ additional request for protective orders against Reznik’s discovery requests; denying Reznik’s motions for clarification, cancellation of the case management conference, and entry of judgment in his favor; and allowing Reznik’s motion to amend his complaint by adding Robert Yelton and Bay Avary Associates, LLC as defendants. The court also ordered all discovery to be completed by August 31,2006.

Between the entry of the courfs April 21, 2006 order and the parties’ next court appearance on June 2,2006, Mark Reznik and Helen Reznik (“the Rezniks”) continued filing all manner of motions, memoranda, and miscellaneous documents, including repeated motions to dismiss the defendants’ counterclaims, and even an “appearance” by Mark Reznik as “counsel” for his wife.4

[60]*60On June 2,2006, the motion judge recused himself sua sponte because of his concern about his ability to remain impartial after Mark Reznik posted defamatory statements about the judge and his wife on an internet website. The case was continued to July 14,2006 for further hearing.

The Rezniks used the intervening time to clog the docket with eight additional, often repetitive, motions, plus nine other filings including memoranda and redundant personal “statements” that were both inappropriate and inane. When the motion hearing convened on July 14, 2006, the new motion judge faced a veritable mountain of Reznik motions and statements, as well as oppositions and requests for protective orders filed by the defendants. After a motion hearing that lasted a full day, the judge issued a number of rulings from the bench, but took several matters under advisement. Included in the latter category were the Rezniks’ multiple motions to dismiss, or for summary judgment on, the defendants’ counterclaims, consideration of which the judge expressly deferred until the pretrial conference on September 15,2006. On July 18,2006, the judge issued a written Discovery Order of the Court, which mandated that: (1) depositions of the plaintiffs would be taken at the law office of the defendants’ attorney, (2) the plaintiffs would respond to the defendants’ requests for production of documents in accordance with the Rules of Civil Procedure, (3) no new discovery requests would be permitted by either party, and (4) all discovery was to be completed by September 15, 2006.

Despite the court’s order, the Rezniks filed an “emergency third motion” to dismiss the defendants’ counterclaims and a “memorandum of acts of prejudice” in the trial court. The motion judge was compelled to issue an additional written order on July 19,2006 that no action would be taken on any filings until the September pretrial conference.

Ignoring the court’s discovery and motion orders, the Rezniks filed an “emergency fourth motion” for dismissal of the defendants’ counterclaims, and an “emergency” motion to serve interrogatories and requests for production of documents in lieu of depositions. Indeed, in the fourteen-day period after the court’s July 19th order, the Rezniks filed eight additional motions, plus assorted memoranda. These included motions to “disqualify” defendants’ counsel, to cancel the September pretrial conference, to vacate the court’s April 21, 2006 orders, and to strike the defendants’ pleadings.

On August 3, 2006, in still another violation of the court’s orders, Mark Reznik filed an “emergency motion” for a protective order to prevent the defendants from deposing him, and requested an immediate hearing. On August 7, 2006, the court issued its Ruling of the Court and Second Discovery Order as to Defendants’ Motion for Protective Orders. The judge expressly warned in her August 7th order that “[a]ny party who violates any of the court’s discovery orders will be sanctioned under the M. R. C. P.” On August 11, 2006, the judge denied Reznik’s emergency motion for a protective order with respect to his appearance for the deposition scheduled on September 11, 2006. The judge noted in her ruling that both parties had agreed to the depositions as scheduled.

Despite the court’s orders, Reznik persisted in his efforts to avoid being deposed. Reznik filed a motion on August 14, 2006 for reconsideration of the court’s August 11,2006 ruling. In that motion, Reznik asserted the following: “Plaintiff firmly states that he will never, ever attend the deposition (the way it was scheduled at the office [61]*61of Mr.

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Related

Advanced Spine Centers, Inc. v. Commerce Insurance
2011 Mass. App. Div. 91 (Mass. Dist. Ct., App. Div., 2011)
Reznik v. Yelton
2011 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div., 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2008 Mass. App. Div. 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reznik-v-garaffo-massdistctapp-2008.