Posts tagged "1011813"

Nordberg v. Department of Education, et al. (Lawyers Weekly No. 10-118-13)

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SJC‑11425

PAUL C. NORDBERG  vs.  DEPARTMENT OF EDUCATION & others.[1]

July 1, 2013.

Supreme Judicial Court, Appeal from order of single justice.

Paul C. Nordberg appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3.  We affirm.

Nordberg commenced an action in the Superior Court in 2007.  With leave of court, he filed several amended complaints.  On the defendants’ motion, Nordberg was also ordered to provide a more definite statement.  Mass. R. Civ. P. 12 (e), 365 Mass. 754 (1974).  Nordberg moved to file a fifth amended complaint.  A judge denied that motion, but stated that a portion of the proposed fifth amended complaint satisfied the order to provide a more definite statement.  Nordberg thereafter moved for entry of a default judgment.  The same judge denied that motion on the grounds that the more definite statement did not require a responsive pleading, that no default had entered pursuant to Mass. R. Civ. P. 55 (a), 365 Mass. 822 (1974), and that Nordberg had not complied with Rule 9A of the Rules of the Superior Court (2001).[2]  Nordberg filed a petition for relief pursuant to G. L. c. 231, § 118, first par., which was denied by a single justice of the Appeals Court.  His G. L. c. 211, § 3, petition followed. read more

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Posted by Massachusetts Legal Resources - July 1, 2013 at 9:48 pm

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