THE, STATE OF NEW HAMPSHIRE

CARROLL.

SS.

SUPERIOR COURT
212-2015-CV-00053
Starbrite Leasing, Inc., et al
V.

Bartlett Police DePt., et al

MOTION TO COMPEL THE PLAINTIFFS

TO SPECIFY THEIR COMPLAINTS AND THE DEFENDANTS
NOW COME thE DCfENdANtS. TOWN OF BARLE,TT, BARTLETT POLICE
DEPARTMENT. POLICE CHIE,F JANET CHAMPLIN, SE,LECTMEN GENE
CHANDLER AND DOUGLAS GARLAND, AND ANNETTE LIBBY,
through their attorneys, Boynton, Waldron, Doleac, Woodman

ANd bY ANd

& Scott, P.A., and move

to compel the Plaintiff to specify his complaints and against whom they are made, and
state in support thereof as follows:

The Plaintiffs began this case by filing a 57-page Complaint, exclusive

of

attachments, which contains some allegations being raised by the Plaintiff against

specific personst however, the vast majority of this Complaint appears to be in the nature

of

a narrative and

it is unclear whether in that narrative the Plaintiff is raising claims,

w,hether the claims are against only the named Defendants or whether the narrative

contains any oauses of action against individuals not named as Defendants^

2.

The Def'endants have gone through the Cornplaint carefully, but based upon

the manner in which the Complaint is drafted there may be matters in the Compiaint in

which the plaintiff is alleging conduct for which he is seeking damages, but it is not clear

if that is so, or r,vho he believes are the Defendants'

3.

The comment to Rule 8 under the Rules of the Superior Court states that:
"Pleadings which notifu the opposing party and the
oourt of the lactual and legal bases of the pleader's
claims or def-enses better define the issues of lact and
lar,r'to be adjudicated' This definition should give the
opposing party and the court sufficient infbrmation to
determine whether the claim or defense is sufficient in
law to merit continued litigation. Pleadings should
assist in setting practical limits on the scope of
discovery and trial and should give the court sufficient
information to control and supervise the progress of
the case."

1.
definition of

Unforrunately, the Complaint filed by the Plaintiffs does not meet the
a pleading

which is drafted ro concisely set forth the claims' ]'he Plaintiff

(a) may be baned by

has filed a rambling diatribe in which he raises numerous issues that

(c) does not even taken in

the statute of limitations, (b) he may or may not be pursuing, or
the light most favorable to the Plaintiff, describe a cause of action'

5.

ln order for the Defendants and the Court to properly address the issues

r,vhich have to be addressed, the

Plaintiff should provide a detailed and concise

conduct is
specification of his claims, against whom the claim is made and when the
alleged to have occurred.

6.

It is the Defendants' intention to file a Motion for Summary Judgment;

to discern the
however, based upon the Complaint it is difficult, if not impossible,

by this Court'
Defbndants and the issues the Plaintiff is seeking to have addressed

-l'he

7.

Defendants are not attempting to limit the Plaintif-fs' claims, but to be

fully aware of the claims being made and against whom they are being made'

g.

It is not inconceivabte that the Defendants could overlook something in the

Motion for Summary

57 pages of the Complaint that arguably was not addressed by the
in this matter'
Judgment and was not understood by the Defendants as being a claim

g.

To assist the Defendants and the Court, the Defendants request

the complained-of
specification of the claims being made to include: (a) a description of
the Plaintiff seeks
conduct; (b) r.vho it is alleged committed the conduct for which
damages: and (c) when same occurred'

10.

The Plaintiffs do not assent to the relief requested herein'

WHEREFORE, it is respectfully requested:

A.

statement of his
That the plaintiff provide a specific, detailed and concise

claims so that they can be addressed by the Def-endants; and

B. For such other relief

as may be deemed

just'

Respectfully submitted,
TOWN OF BARLETT, BARTLETT POLICE
DEPARTMENT, POLICE, CHIEF JANET
CHAMPLIN. SELECTMEN GENE
CHANDLER AND DOUGLAS GARLAND'
AND ANNETTE LIBBY
By their attorneYs.
Bovnton. Waldron. Doleac,

Dated:

By:

iitlufr c.'scdtf NH Bar #2287

82 Court Street
Portsmouth, NH 03801

(603) 435-40t0
3

Certification

I hereby certify that a copy of the foregoing was this day mailed, postage prepaid,
to Edward C. Furlong, IlI, Lil' Man Snowmobile Rentals, Inc. and Starbrite Leasing. Inc..
Plaintiffs pro so. and to Christopher T. Hilson, Esquire, R. Matthew Cairns, Esquire Peter
J. Malia. Jr., Esquire and Corey Belobrow, Esquire, counsel of record.