ORDER ON PLAINTIFF'S MOTION FOR SUMMARY
Walker Justice, Superior Court.
the Court is Plaintiff's Motion for Summary Judgment.
October 30, 2014, Wilhemina E. Ogden sold a 10-piece set of
Towle 1959 sterling silverware to Maine Pawn & Jewelry.
Supp. S.M.F. ¶ 1. Plaintiff, Anthony J. Sineni, III,
alleges that Defendants Jonathan Burnham and Jonathan Burnham
d/b/a Maine Pawn & Jewelry purchased the set for $400.
Supp. S.M.F. ¶ 1. Plaintiff claims the set had an actual
value of over $9, 000. Supp. S.M.F. ¶ 1. Plaintiff
attests that he owned the silver and had not given Ogden
permission to sell it. Supp. S.M.F. ¶ 2. Defendants
contend that Ogden signed a bill of sale promising to warrant
and defend her ownership of the silverware. D. Opp. to Summ.
J. p. 2. Plaintiff claims that Ogden told him that she
returned to Maine Pawn & Jewelry on November 3, 2014 to
retrieve the silverware and was told by Defendant Burnham
that it had been sold for scrap silver and smelted. Supp.
S.M.F. ¶ 3. Defendant contends that Ogden did not return
to retrieve the silver after the sale on October 30, 2014. D.
Opp. to Summ. J. p. 2. The parties agree that Defendant
Burnham did not take any digital photographs of the
silverware prior to selling it. Supp. S.M.F. ¶ 10; Opp.
S.M.F. ¶ 10.
January 21, 2015, Sineni filed a police report, alleging that
his silverware had been stolen by Wilhemina Ogden or Ray
Baldwin and pawned at "the shop on route 302 in downtown
North Windham." D. Opp. to Summ. J. p. 2. On January 29,
2015, Cumberland County Sheriff's Detective John Fournier
went to Maine Pawn & Jewelry and reviewed pawn slips for
the months of September through December 2014 as they
pertained to the silverware. Supp. S.M.F. ¶ 6. Plaintiff
has brought this action against Defendants Burnham and Maine
Pawn & Jewelry alleging violation of 30-A M.R.S. §
3972(8) and negligence. Defendants have brought the
counterclaim of abuse of process. Plaintiff moves the Court
for entry of summary judgment in his favor and dismissal of
Defendant's counterclaim for abuse of process.
judgment is appropriate if, based on the parties'
statements of material fact and the cited record, there is no
genuine issue of material fact and the moving party is
entitled to judgment as a matter of law. M.R. Civ. P. 56(c);
Dyer v. Dep't of Transp., 2008 ME 106, ¶
14, 951 A.2d 821. "A material fact is one that can
affect the outcome of the case. A genuine issue of material
fact exists when the fact finder must choose between
competing versions of the truth." Id.
(citations omitted). When deciding a motion for summary
judgment, the court reviews the evidence in the light most
favorable to the non-moving party. Id.
M.R.S. § 3972(8)
first count is for violation of the law governing the records
required of dealers in secondhand precious metals. The
A dealer shall maintain the following records with respect to
each transaction conducted by the dealer involving secondhand
A. The date, time and place of the transaction;
B. The name and address of the seller or other person from
whom the dealer acquired the precious metals;
C. A digital photograph of each item of precious metals that
is the subject of the transaction, as well as a complete
description of the item purchased or acquired from the
seller, including the weight of the item and any
identification numbers, ...