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Crocker Cirque II, LLC v. Abbodanza

Superior Court of Maine, Cumberland

July 31, 2019

CROCKER CIRQUE II, LLC, RICHARD J. GODUITI, and JAMES P. GODUTI, Plaintiffs
v.
RICHARD J. ABBODANZA, ESQ., JAMES HOPKINSON, ESQ., and HOPKINSON & ABBONDANZA, P.A., Defendants

          ORDER ON MOTION FOR RECONSIDERATION

          NANCY MILLS, JUSTICE.

         Before the court is plaintiffs Crocker Cirque II, LLC, Richard Goduti, and James P. Goduti's motion for reconsideration and/or clarification of order on motion for summary judgment. For the following reasons, the motion is denied.

         I. Background

         Plaintiffs filed the original complaint on August 29, 2017. Plaintiffs filed the amended complaint on August 14, 2018. In the amended complaint, plaintiffs alleged negligence and breach of fiduciary duty and added defendant James Hopkinson, Esq. Plaintiffs alleged defendants Abbondanza and Hopkinson & Abbondanza breached the duty of care and were negligent by:

a) failing to consult with Plaintiffs regarding a change to the time period for exercising declarant rights;
b) failing to advise Plaintiffs of the reduction in the time period for Crocker Cirque II, LLC to exercise its right to declare additional units from ten (10) years to seven (7) years after filing the Amended and Restated Declaration of Fall Line Condominium;
c) failing in June of 2012 to advise Plaintiffs that declaration rights had to be exercised prior to April 13, 2013;
d) failing in June of 2012 to advise Plaintiffs to amend the Fall Line Condominium Declaration based on their knowledge of the ongoing and continuing nature of the condominium project; and
e) failing in May of 2015 to advise Plaintiffs that their rights to declare additional units had already expired.

(Pis.' Amend. Compl. ¶ 44.) Plaintiffs also alleged defendants Hopkinson and Hopkinson & Abbondanza breached their fiduciary duties by failing to advise plaintiffs that they should not proceed with the new phase of construction in light of the expiration of their declarant rights. (Pis.' Amend. Compl. ¶ 63.)

         In June 2018, plaintiffs filed an expert witness designation for John Cunningham, Esq., and Mark Powers, CPA, CVA. On November 30, 2018 defendants filed a motion for summary judgment. Plaintiffs filed an opposition to the motion for summary judgment on December 13, 2018. Defendants filed their reply on December 26, 2018. By order dated March 1, 2019, the court granted defendants' motion for summary judgment. (Mar. 1, 2019 Order.)

         On March 5, 2019, defendants filed a motion in limine to exclude or limit plaintiffs' expert Marc Powers's testimony and plaintiffs filed a motion in limine to exclude a portion of the opinions of defendants' liability expert, Michael O'Toole, Esq. The court declared both motions moot on March 8, 2019.

         Plaintiffs filed a motion for reconsideration and/or clarification pursuant to Rule 59(e) on March 12, 2019. Defendants filed an objection and response on April 2, 2019. Plaintiffs filed a reply on April 9, 2019.

         II. Stand ...


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