S.G. Marino Crane Serv. Corp. v. The Saxon Group, Inc.

Opinion

STATE OF MAINE SUPERIOR COURT PENOBSCOT, SS. Docket No. RE-00-53

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S.G. Marino Crane Service Corp.,

Plaintiff, FILED AND ENTERED Vv. ORDER SUPTEINS COURT JUL EG Audi The Saxon Group, Inc., _ ITY Party-in-Interest | PENOBSCOT COUNT

Pending before the court is the plaintiff's motion to amend its complaint to allege a direct claim against The Saxon Group, Inc., which presently appears in this action exclusively as a party-in-interest.

The November 14, 2000, scheduling order permitted the parties 4 months from that date to seek joinder of additional parties or to amend the pleadings. The plaintiff's pending motion was filed nearly 3 months after that presumptive deadline. The plaintiff has not shown cause for that delay.

If the plaintiff's motion were granted, Saxon's role in this action would be much different that its original position, where it appeared only because of its secured interest in an asset in which the plaintiff also held some security. It was included in this action only so that the priority of its lien could be determined relative to the plaintiff's interest. The motion to amend itself does not indicate the nature of the claim that the plaintiff seeks to pursue against Saxon, and the plaintiff has not filed a proposed

amended pleading embodying such a claim. Nonetheless, it is apparent

that the plaintiff seeks to assert a direct claim against Saxon, perhaps for money damages. This casts Saxon in a wholly new role that would work to Saxon's unfair prejudice. For example, because the discovery deadline is August 1, 2001, Saxon would be unable to initiate any discovery in time for its completion within that discovery period. Under these

circumstances, the motion to amend must be denied.

The entry shall be:

For the reasons set out in the order dated July 10, 2001, the plaintiffs motion to amend is denied. Pursuant to the order dated May 23, 2000, the complaint against Saxon is dismissed with prejudice.

Dated: July 10, 2001 Ly lj > Wh JUSTICE! SUPERIOR COURT

Jeffrey L. Hjel Docket No. RE-2000-53

*3/7/01 Dismissed

Date Filed ___10/4/00 PENOBSCOT County Action MECHANICS LIEN (Title to Real Estate Involved)

ASSIGNED TO JUSTICE JEFFREY L. HJELM

ae

S.G.MARINO CRANE SERVICE CORPORATION

ASCO BAY ENERGY COMPANY, LLC AND

HE SAXON GROUP INC AND Dismissed 7/10/01

41,E.SARGENT, INC AND

*THE SPARTAN GROUP, INC. Parties-in- Interest

Plaintiff's Attorney

C. Peter Bos, Esq. -6 State Street, Suite 407 Bangor, Maine 04401

Date of Entry

Defendant’s Attorney *Casco Bay Energy Co., LLC John A. Woodcock, Jr., Esq. PO BOX 1127 Bangor, Maine 04402

The Saxon Group, Inc.

Paul R. Johnson, Esq.

465 Congress St., PO Box 9545

Portland, ME 04112-9545

*James R. Wholly, Esq. FOR: H.E. Sargent,I1 P O Box 917, Bangor, ME 04402-0917