Parker Neck Ass'n, Inc. V. Spickler
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STATE OF MAINE
Sagadahoc, ss.
PARKER HEAD ASSOCIATION, INC.
Plaintiff
v.
Docket No. BATSC-CV-11-013
ROBERT D. SPICKLER
and OLIVES. SPICKLER
Defendants
ORDER
This civil case came before the court for argument on the Defendants' Motion for Extension
of Time to Amend Counterclaim.
David Sinclair, Esq. appeared for the Plaintiff Parker Head
Association, Inc. (PHA) and Defendant Robert Spickler appeared prose .. Defendant Olive Spickler,
wife of Robert Spickler, did not appear.
Mr. Spickler explained thathis wife is an invalid and likely will be unable to attend any court
appearances. He advised that he planned to represent his wife through a power of attorney. The
court responded that by law, only licensed attorneys may represent other individuals. See 4 M.R.S.
ยง 807. In fact, the Supreme Judicial Court of Maine has specifically held that a person holding a
power of attorney for someone
Jackson, 2000 ME 11,
~15,
e~se
cannot represent the other person in court. See Haynes v.
744 A.2d 1050, 1054.
Mr. and Mrs. Spickler are free to represent
themselves, but because neither is an attorney, neither can represent the other, even under a power of
attorney. Mr. Spickler indicated that he is exploring obtaining legal counsel for himself and his wife
in this case. The court encouraged him to make such arrangements as soon as he can.
The court did indicate that Mr. Spickler may be able to use a power of attorney to participate
in Alternate Dispute Resolution (ADR) on behalf of his wife, since participating in court-ordered
ADR is not the same as appearing in court.
The court agreed to treat the Defendants' Motion for Extension of Time to Amend
Counterclaim as a motion to amend the counterclaim, rather than as a motion merely to extend the
time for doing so.
However, the proposed amended counterclaim is legally insufticient for several
reasons: it purports to add a claim for loss of "the Shub venture" that plainly dates back to the late
1980's or early 1990's.
It also purports to add a claim against a purported fiduciary, "Oliver
Domonic," who is not identified anywhere in the amended counterclaim except in the prayer for
relief. The deadline for joining additional parties has passed; the claim involving the Shub venture is
time-barred, and the proposed amended counterclaim fails to state any cognizable claim against
Oliver Domonic.
Otherwise, the proposed amended counterclaim appears to track the original
counterclaim, at least in a substantive sense. Because the proposed amendment would be futile,
leave to amend must be denied.
The court also noted that the original counterclaim purports to name unidentified officers of
PHA as counterclaim defendants, but does not allege any ground for imposing personal liability.
Nor is there any indication that any officer has been served. Accordingly, Mr. Spickler was advised
that the court is treating the counterclaim as being against the Association only, and being only for
the damages alleged-for the loss in market value of Defendants' property resulting from lack of a
boat slip, and for loss to Defendant Robert Spickler of the opportunity to go boating from that
property.
The court also drew to Mr. Spickler's attention the fact that the expert witness designation he
filed September 29 does not comply with the Scheduling Order because it does not contain the
additional material required by M.R. Civ. P. 26(b)(4)(A)(l).
The court will grant the Defendants
time to fix that problem and also grant time for .PHA to respond with its own designation.
The court lastly advised the parties that the case would likely be scheduled for trial in May of
2012 at the earliest. The discovery and summary judgment deadlines fall in late December and late
January.
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IT IS HEREBY ORDERED AS FOLLOWS:
I. Defendants' Motion for Extension of Time to Amend Counterclaim is denied.
2. Defendants' deadline for designating expert witnesses in compliance with the Scheduling
Order and M.R. Civ. P. 26(b)(4)(A)(l) is hereby extended to October 18,2011.
3. Plaintiffs deadline for designating experts is enlarged to December 19,2011.
4. All other deadlines remain as set.
Pursuant to M.R. Civ. P. 79(a), the clerk is hereby directed to incorporate this order by
reference in the docket.
Date:
October 4, 2011
A.M. Horton
Justice, Superior Court
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