Truman v. Nadeau

• Court: Superior Court of Maine
• Decided: March 13, 2019
• Docket: YORcv-18-0225
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT YORK, ss. Civil Action Docket No. CV-18-0225

PETER P. TRUMAN,

Plaintiff,

v. ORDER

KENNETH NADEAU,

Defendant.

Two matters are pending before the court-plaintiffs motion to "mandate the

defendant to fully pay the mediation fee;" and defendant's motion for a more definite

statement.

Plaintiffs motion is dismissed as premature. The court has reserved ruling on

plaintiffs request to waive his mediation fee and jury fee. Defendant has yet to file an

answer; and a scheduling order mandating mediation has not yet issued. Plaintiff may

re-file such a request at the appropriate time.

Defendant's motion is denied. Rule 12(e) provides that if a pleading is "so vague

or ambiguous that a party cannot reasonably be required to frame a responsive

pleading," the court may order a plaintiff to file a new pleading. M.R. Civ. P. 12(e). The

complaint is unorthodox, densely worded, and not particularly easy to read. It is not a

"short and plain statement of the claim" with "simple" and "concise" averments. See

M.R. Civ. P. 8(a), (e). Notwithstanding, it does not suffer from being "vague or

ambiguous." It sets out (in copious detail) a single, clearly identifiable tort claim

(assault/battery), the specific injuries alleged, and a prayer for relief sought. In the

circumstances, the court will permit the complaint to stand and will accept from

defendant an answer asserting, at a minimum, a blanket denial. If the complaint is

1 intended to assert any other cause(s) of action beyond the single tort claim referenced,

plaintiff must take steps to amend the complaint pursuant M.R. Civ. P. 15.

Plaintiffs filings, including the motion and compliant, do not comply with the

Maine Rules of Civil Procedure. See, e.g., M.R. Civ. P. 5(i) (filings "shall be typed, double­

spaced or printed"); M.R. Civ. P. 7(b)(l)(A) (motions shall include the prescribed 21-day

notice); M.R. Civ. P. ll(a) (party not represented by an attorney "shall sign the party's

pleading or motion and state the party's address, including email address.") The fact

that plaintiff is self-represented does not excuse him from complying with the rules. See

Brown v. Thaler, 2005 ME 75, ,r 9, 880 A.2d 1113; Uotinen v. Hall, 636 A.2d 991, 992

(Me. 1994). Going forward, compliance is required.

The clerk may enter this Order on the docket by reference pursuant to M.R. Civ.

P. 79(a).

Dated: March 13, 2019 Wayne . Douglas Justic , Superior Co

Entered on the Docket vn,,~!-.k:>.l