Saturn Funding, LLC v. NRO Boston, LLC, et al. (Lawyers Weekly No. 12-017-17)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO.: 16-2523B SATURN FUNDING, LLC vs. NRO BOSTON, LLC, NORTH RIVER OUTFITTERS, NRO SPORT, LLC, NRO EDGARTOWN LLC, and ALICE INDELICATO and JASON INDELICATO MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ NRO BOSTON, LLC AND NORTH RIVER OUTFITTERS, NRO SPORT, LLC, NRO EDGARTOWN LLC, JASON INDELICATO AND ALICE INDELICATO’S MOTION TO REMOVE DEFAULT AND FILE ANSWER AND AFFIRMATION DEFENSES LATE The defendants move under Mass. R. Civ. P. 55(c) and 60(b) to vacate a Default Judgment by Confession against NRO Boston, LLC, North River Outfitters, NRO Sport, LLC, NRO Edgartown LLC, Alice Indelicato, and Jason Indelicato that was obtained by Saturn Funding, LLC. Plaintiff opposes this motion on the grounds that the defendants have not shown good cause under Mass.R.Civ.P. 55(c) to set aside the entry of Mass.R.Civ.P. 55(a) default. Pursuant to the plaintiff’s request under Mass. R. Civ. P. 55(b)(1), defendants were all defaulted. [1] Judgment by Default entered on January 3, 2017. For the reasons stated herein, the defendants’ motion is ALLOWED. ANALYSIS Mass.R.Civ.P. 60(b) states in part: On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) , (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void… or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken… This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court… Whether or not to grant relief under Mass.R.Civ.P. 60(b) “rests within the sound discretion of the judge” and is “to be applied ‘toward the objective that legal procedure becomes the vehicle for determination of the issues upon their merits instead of upon refinement of procedure…’” Berube v. McKesson Wine & Spirits Co., 7 Mass. App. Ct. 426, 429 (1979) (quoting Florida Investment Enterprises, Inc. v. Kentucky Co., 160 So. 2d 733, 736 (Fla. Dist. Ct. App. 1964)). “Rule 60(b) is remedial in character and subject to a liberal interpretation and application in […]