ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION
AND DEFENDANTS' MOTION TO STRIKE
the court are plaintiff Susan Colucci's motion for
reconsideration of the court's order granting
defendants' motion to dismiss and defendant's motion
to strike. For the following reasons, plaintiffs motion is
denied and the court will not consider plaintiffs affidavit
and attachments filed on January 28, 2019.
filed a motion for reconsideration on January 2, 2019. MR.
Civ. P. 7(b)(5). Defendants filed an opposition to the motion
on January 22, 2019. Plaintiff did not file a reply to
defendants' opposition. Instead, plaintiff filed
"plaintiffs affidavit in support of her objection to
motion to dismiss, plaintiffs motion to amend complaint and
offer of proof and preservation of the record" on
January 28, 2019. Plaintiff asks the court to vacate the
court's dismissal of plaintiffs complaint, to amend the
complaint, for a stay of the lawsuit pending resolution of
the divorce proceedings, or for a dismissal without
prejudice. Defendant asks the court to strike plaintiffs
affidavit and attachments filed January 28, 2019.
Standard of Review
motion for reconsideration "shall not be filed unless
required to bring to the court's attention an error,
omission or new material that could not previously have been
presented." M.R. Civ. P. 7(b)(5). "Rule 7(b)(5) is
intended to deter disappointed litigants from seeking to
reargue points that were or could have been presented to the
court on the underlying motion." Shaw v. Shaw.
2003 ME 153, ¶ 8, 839 A.2d 714 (quotation marks
Motion for Reconsideration and to Amend
requests to amend her complaint, to stay this lawsuit, or to
dismiss the complaint without prejudice are brought before
the court for the first time with this motion for
reconsideration. These requests could have been presented in
earlier submissions, including in her opposition to
defendants' motion to dismiss.
argues she had no opportunity to respond to the court's
consideration of documents. (Pl.'s Mot. Reconsideration
1.) That issue was raised by defendants in their motion to
dismiss. (Defs.' Mot. Dismiss 2 & n.1.)
states that defendant Colucci is concealing marital assets in
nonmarital assets. The two business entity defendants in this
lawsuit are included in the divorce proceeding financial
assets and neither is owned by third parties. (Defs.' Ex.
Plaintiffs Affidavit in Support of her Objection to
Motion to Dismiss. Plaintiffs Motion to Amend Complaint and
Offer of Proof and Preservation of the Record;
Defendants' Motion to Strike Affidavit and
filings include her eighteen-page affidavit and 92 exhibits
but no memorandum of law. Defendants filed a motion to strike
the affidavit and attachments on February 6, 2019.
Plaintiff's objection to defendants' motion to
dismiss was due October 3, 2018. The court's order on the
motion to ...