Michael Donatelli, et al. v. Town of Old Orchard Beach, Maine, et al.

Did the court err in passing on properly disposing of the plaintiffs’ filing of a motion for sanctions due to spoliation of evidence mis-styled as a motion for summary judgment? Did the court err in not properly disposing of the plaintiffs’ motion to reconsider for oral argument that was filed timely? Did the court err in entering a final decision prematurely because it did not first properly dispose of a timely motion for sanctions for spoliation of evidence nor properly dispose of a timely motion for reconsideration for oral argument? The question of whether a court can neglect its responsibilities on properly disposing of timely filed motions in contradiction of its own rules and statutes, causing severe prejudice against the petitioners, violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution. The issue is important because it deprives the constitutional rights of individuals and would allow for a state court system that does not respect laws. Given the Constitutional violations, the United States Supreme Court has jurisdiction to review these questions of federal law. The Court has previously held that the Fourteenth Amendment applies to state court proceedings, and the issue of whether a court can pass on disposing of timely filed motions and render a final judgment in apparent -1 -