Navom v. Clerk of the Superior Court in Middlesex CountyAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice denying Petitioner's petition seeking relief in the nature of mandamus and pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse her discretion in denying relief.
Petitioner commenced an action in the superior court against Respondent. After the superior court granted Respondent's motion to stay discovery, Petitioner filed a motion for final judgment on the basis that Respondent had failed to respond to the discovery requests. The motion was denied. Petitioner then filed a complaint seeking relief in the nature of mandamus and pursuant to Mass. Gen. Laws ch. 211, 3 asking the Court to order the superior court clerk to enter judgment in Petitioner's favor. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that this was not a situation where extraordinary relief from this Court was required.