No. 23-817

Michael Donatelli, et al. v. Town of Old Orchard Beach, Maine, et al.

Lower Court: Maine
Docketed: 2024-01-29
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure due-process equal-protection fourteenth-amendment motion-for-reconsideration motion-for-sanctions spoliation-of-evidence summary-judgment
Key Terms:
DueProcess
Latest Conference: 2024-05-23 (distributed 2 times)
Question Presented (AI Summary)

Did the court err in passing on properly disposing of the plaintiffs' filing of a motion for sanctions due to spoliation of evidence mis-styled as a motion for summary judgment?

Question Presented (OCR Extract)

Questions Presented for Review Did the court err in passing on properly disposing of the plaintiffs’ filing of a motion for sanctions due to spoliation of evidence mis-styled as a motion for summary judgment? Did the court err in not properly disposing of the plaintiffs’ motion to reconsider for oral argument that was filed timely? Did the court err in entering a final decision prematurely because it did not first properly dispose of a timely motion for sanctions for spoliation of evidence nor properly dispose of a timely motion for reconsideration for oral argument? The question of whether a court can neglect its responsibilities on properly disposing of timely filed motions in contradiction of its own rules and statutes, causing severe prejudice against the petitioners, violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution. The issue is important because it deprives the constitutional rights of individuals and would allow for a state court system that does not respect laws. Given the Constitutional violations, the United States Supreme Court has jurisdiction to review these questions of federal law. The Court has previously held that the Fourteenth Amendment applies to state court proceedings, and the issue of whether a court can pass on disposing of timely filed motions and render a final judgment in apparent ~ i} violation of the equal protection and due process 0 clauses is one that has not been definitively resolved by the Court. For these reasons, the United States Supreme Court should grant certiorari to review the questions presented.

Docket Entries

2024-05-28
Rehearing DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-04-25
Petition for Rehearing filed.
2024-04-01
Petition DENIED.
2024-03-21
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-27
Brief of respondents Town of Old Orchard Beach, Maine, et al. in opposition filed.
2024-01-23
Petition for a writ of certiorari filed. (Response due February 28, 2024)

Attorneys

Michael Donatelli, et al.
Michael Donatelli — Petitioner
Michael Donatelli — Petitioner
SCOTT E. JARRETT, DANA M. KELLEY, GERARD HAMILTON, ANTHONY GERMAINE, STEVEN BROY, JAMI LADAKAKOS, DAN FEENEY, ROD BELANGER, TOWN OF OLD ORCHARD BEACH
John J. Wall IIIMonaghan Leahy. LLP, Respondent
John J. Wall IIIMonaghan Leahy. LLP, Respondent