U.S. Bank National Ass'n v. Manning

2014 ME 96, 97 A.3d 605, 2014 WL 3644556, 2014 Me. LEXIS 104
CourtSupreme Judicial Court of Maine
DecidedJuly 24, 2014
DocketDocket No. Cum-13-473
StatusPublished
Cited by9 cases

This text of 2014 ME 96 (U.S. Bank National Ass'n v. Manning) 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
U.S. Bank National Ass'n v. Manning, 2014 ME 96, 97 A.3d 605, 2014 WL 3644556, 2014 Me. LEXIS 104 (Me. 2014).

Opinion

MEAD, J.

[¶ 1] U.S. Bank National Association as Trustee for RASC 2005KS9 (the Bank) appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing with prejudice its foreclosure complaint against Thomas Manning as a sanction for its failure to comply with the court’s discovery order. The Bank contends that the court’s action constitutes an abuse of discretion given the circumstances of this litigation, and that the court erred at several points as the case pro[607]*607gressed through its pretrial stages. We agree and vacate the judgment.

I. BACKGROUND

[¶ 2] In July 2010, the Bank filed an amended complaint for residential foreclosure against Thomas Manning and several parties-in-interest who are not involved in this appeal. The complaint alleged that the Bank is the current holder of a $520,000 promissory note executed by Manning on August 2, 2005, and of a mortgage on Manning’s property in Falmouth securing the note. The complaint further alleged that Manning was in default because he had made no payments on the note beginning with the payment due in February 2008, and that he owed $631,048.25 as of April 2010.

[¶ 3] After the complaint was filed, the case progressed through many procedural steps, including the following key events:

• 8/22/11: The court issued a standard scheduling order specifying a discovery deadline of April 22, 2012, and warned that failure to comply with the scheduling order could result in sanctions.
• 3/13/12: At Manning’s request, the discovery deadline was extended to July 21, 2012.
• 7/25/12: At the Bank’s request, the discovery deadline was enlarged to November 30, 2012.
• 11/7/12: In anticipation of seeking an order pursuant to M.R. Civ. P. 37(a) compelling discovery, Manning wrote a letter to the court requesting a hearing pursuant to M.R. Civ. P. 26(g)(1).
• 11/9/12: In response to Manning’s November 7, 2012, letter, the court, without holding a hearing, issued an order requiring the Bank to provide discovery by November 30, 2012, and to “pay to Defendant reasonable expenses in the amount of $150 within 30 days.” The order provided that “[fjailure to comply ... will result in a dismissal with prejudice of the complaint.” The order was entered on the docket on November 14, 2012, and mailed to the parties the same day.
• 12/13/12: Manning filed a letter with the court asking it to dismiss the complaint with prejudice because the Bank had failed to pay the $150 sanction within 30 days of the November 9, 2012, order.
• 12/14/12: Manning moved to continue the trial and to amend the scheduling order, asserting that “[wjhile [the Bank] has provided some [discovery] responses by the deadline of November 30, 2012, those responses were deficient in several respects,” and asserting that the Bank had not provided potential dates for a noticed deposition.
• 12/17/12: The Bank filed a letter with the court responding to Manning’s December 13, 2012, letter, asserting that it had already produced “over 1700 pages of responsive discovery to [Manning’s] counsel,” and that it had paid the $150 sanction that same day in accordance with “our position that the payment is due today, December 17, 2012.”
• 12/19/12: The court granted Manning’s December 14, 2012, motion to continue and ordered that the deposition of Bank officials be completed by February 28, 2013.
• 1/8/13: Manning moved the court for an order on his December 13, 2012, letter, again requesting a dismissal of the complaint with prejudice on [608]*608the ground that the Bank paid the $150 sanction late.
• 1/30/13: Manning filed a letter with the court asserting that the Bank had failed to oppose his January 8, 2013, motion for an order of dismissal, and therefore the Bank had “waivfed] all objections to the motion.”
• 2/1/13: The court, without holding a hearing, entered an order dismissing the complaint with prejudice “for failure to comply with the Court’s Discovery Order.” The order was mailed to the parties on February 4, 2013.
® 2/4/13: The Bank filed a letter dated February 2, 2013, in which it disputed the representations made in Manning’s December 14, 2012, motion and opposed his January 30, 2013, letter. The Bank asserted that it had previously noted its opposition to a dismissal in its December 17, 2012, letter to the court.
• 2/14/13: The Bank moved for reconsideration of the court’s February 1, 2013, dismissal order, and for a hearing. Manning opposed the motion for reconsideration, attaching supporting affidavits from himself and his attorney.
• 4/18/13: The court, without holding a hearing, amended its February 1, 2013, dismissal order “to reflect the dismissal is without prejudice.”
• 4/25/13: Manning, pursuant to M.R. Civ. P. 52(a), moved for findings of fact and conclusions of law concerning the court’s April 18, 2013, amended order, and submitted eight proposed findings. The Bank opposed the motion for further findings.
• 6/3/13: The court ordered the parties “to file simultaneously proposed findings of fact and conclusions of law within 21 days.” Manning, citing for support the affidavits that he and his attorney had filed in opposing the Bank’s February 14, 2013, motion for reconsideration, responded with fifty proposed findings. The Bank filed twenty-one proposed findings and conclusions.
• 9/19/13: The court, without holding a hearing, entered the following order:
After reviewing the competing proposed findings of fact, the court adopts [Manning’s] proposed findings and incorporates [the Bank’s] findings # 4, 5, 7, 8,11. [The Bank] has failed to address the allegations regarding scheduling of a deposition and correspondence regarding incomplete discovery. Accordingly, the 4/18/13 order is vacated and the 2/1/13 order is reinstated. Case dismissed with prejudice.

[¶ 4] The Bank filed a notice of appeal. Manning filed a motion to strike section two of the Bank’s reply brief; we ordered that the motion be considered with the merits of the appeal. We now deny the motion to strike and reach the merits of the parties’ arguments.

II. DISCUSSION

[¶ 5] To address the issues raised on appeal, we examine the court’s key actions in their chronological order.

A. The November 9, 2012, Order Imposing a Discovery Sanction

[¶ 6] On November 7, 2012, Manning wrote to the court to request a hearing “pursuant to [M.R. Civ. P.] 26(g)(1) ... regarding an ongoing discovery dispute.” Manning advised the court that he sought an order compelling discovery, and “the attorney[ ] fees expended in trying to get [609]*609the [Bank] to comply with its discovery obligations.”

[¶ 7] Two days later, without holding a hearing, the court responded to the letter with an order that provided, in part:

Pursuant to the provisions of M.R. Civ. P. 37(a)(2), it is ORDERED and ADJUDGED, as follows:
1.

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Bluebook (online)
2014 ME 96, 97 A.3d 605, 2014 WL 3644556, 2014 Me. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-assn-v-manning-me-2014.