Civil Action No. 05-2170-A.Commonwealth of Massachusetts Superior Court. MIDDLESEX, SS.
October 4, 2005.
MEMORANDUM AND ORDER ON THE PLAINTIFF’S MOTIONS TO APPOINT RECEIVER, FOR ORDER OF MEDIATION AND ACCOUNTING
D. LLOYD MacDONALD, Justice of the Superior Court.
The motions are DENIED for the following reasons, and the following relief is ordered:
In the present posture of the case — a straight-forward breach of contract, wrongful termination claim seeking injunctive relief and punitive damages in what ought to be the early stages of discovery — there is no plausible basis for the plaintiff to file the subject motions. The Court finds that they are frivolous and, by all appearances, filed for the purpose of harassment and not in furtherance of claims for relief in good faith.
The Trial Court has received explicit guidance by the Supreme Judicial Court with regard to pro se
litigants:
The right of self-representation is not `a license not to comply with relevant rules of procedural and substantive law.’ Faretta v. California, 422 U.S. 806, 834-835, n. 46 (1975). A pro se litigant is bound by the same rules of procedure as litigants with counsel[, citing] Martinez-McBean v. Government of V.I., 562 F.2d 908, 912-913 (3rd Cir. 1977) (per curiam); Commerce Bank of Kansas City
v. Conrad, 560 S.W. 2d 388, 390 (Mo.App. 1977).
Int’l Fidelity Ins. Co. v. Wilson, 387 Mass. 841, 847 (1983).
Thus, in substance, the plaintiff is judged here by the same standards as would be an attorney in similar circumstances.
With the Court having made the findings in numbered paragraph 1 above, sanctions against the plaintiff are appropriate.
The plaintiff shall pay the reasonable attorneys fees and expenses incurred by the defendants in connection with the defendants’ response to the motions that are the subject of this order. Counsel for the defendants shall file an affidavit of such fees and expenses with the Court detailing the tasks performed, expenses incurred and fees charged within 14 days of the entry of this order. The Court will thereafter approve an amount of such fees and expenses as are reasonable in the circumstances. The Plaintiff shall pay to the defendants the full amount of such approved fees and expenses within 14 days of the entry of such order. Payment shall be made via delivery to defendants’ counsel.
SO ORDERED.