THE, STATE OF NEW HAMPSHIRE

CARROLL. SS. SUPERIOR COURT212-2015-CV-00053

Starbrite Leasing, Inc., et al

V.

Bartlett Police DePt., et al

MOTION TO COMPEL THE PLAINTIFFSTO 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, ANd bY ANd

through their attorneys, Boynton, Waldron, Doleac, Woodman & 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:

L 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 theoourt of the lactual and legal bases of the pleader'sclaims or def-enses better define the issues of lact andlar,r'to be adjudicated' This definition should give theopposing party and the court sufficient infbrmation todetermine whether the claim or defense is sufficient inlaw to merit continued litigation. Pleadings shouldassist in setting practical limits on the scope ofdiscovery and trial and should give the court sufficientinformation to control and supervise the progress ofthe case."

1. Unforrunately, the Complaint filed by the Plaintiffs does not meet the

definition of a pleading which is drafted ro concisely set forth the claims' ]'he Plaintiff

has filed a rambling diatribe in which he raises numerous issues that (a) may be baned by

the statute of limitations, (b) he may or may not be pursuing, or (c) does not even taken in

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

specification of his claims, against whom the claim is made and when the conduct is

alleged to have occurred.

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

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

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

7. -l'he 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

57 pages of the Complaint that arguably was not addressed by the Motion for Summary

Judgment and was not understood by the Defendants as being a claim in this matter'

g. To assist the Defendants and the Court, the Defendants request a

specification of the claims being made to include: (a) a description of the complained-of

conduct; (b) r.vho it is alleged committed the conduct for which the Plaintiff seeks

damages: and (c) when same occurred'

10. The Plaintiffs do not assent to the relief requested herein'

WHEREFORE, it is respectfully requested:

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

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 POLICEDEPARTMENT, POLICE, CHIEF JANETCHAMPLIN. SELECTMEN GENECHANDLER AND DOUGLAS GARLAND'AND ANNETTE LIBBYBy their attorneYs.Bovnton. Waldron. Doleac,

82 Court StreetPortsmouth, NH 03801(603) 435-40t0

3

By:iitlufr c.'scdtf NH Bar #2287Dated:

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 PeterJ. Malia. Jr., Esquire and Corey Belobrow, Esquire, counsel of record.