Wesoja v. Doeur

• Court: Superior Court of Maine
• Decided: February 15, 2023
• Docket: CUMcv-22-100
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION DOCKET NO. CV-22-100

DEBORAH WESOJA

V. ORDER

CHENDA DOEUR

Before the court is Defendant's Motion to Modify Plaintiffs Attachment. Rule 4A(h) and

4B(j) require that the court move expeditiously. The court was unable to set up a call with counsel

to discuss deadlines and therefore sets the following deadlines to avoid delay. Defendant to

respond to Plaintiffs Motion by February 24. Defendant's Reply is due by March 1.

The court notes that on a motion to dissolve an ex parte attachment, the Defendant has now

been heard. Therefore, whether the attachment was proper ex parte is not relevant. Estate of

Summers v. Nisbet, 2016 ME 88, 1 10, 141 A.3d 1109 (on a motion to dissolve an ex parte motion

for attachment, the "ex parte portion of the analysis becomes moot"). Instead, the burden is on the

Plaintiff to justify the attachment to the extent it is challenged by the Defendant's affidavits.

M.R.Civ.P. 4A(h) and 4B(j). The issue is simply whether the Plaintiff still makes the requsite

showing to obtain an attachment. Id The other issue is whether a modification with respect to

specific property is warranted.

The entry is: Briefing Deadlines on Defendant's Motion to Modify Plaintiffs Attachment

set.

This Order is incorporated on the docket by reference pursuant to M.R.Civ.P. 79(a).

Date: 'i.:,//<,-/Z~ 3 ,, .~{_ '7~ -·­ Thomas R. McKeon Justice, Maine Superior Court

1 REC'D CLERKS FES 16 '23 AM8:29