A superior court judge dismissed a civil lawsuit after the plaintiff’s attorney failed to appear for a status conference in March 2024.
The plaintiff himself filed a motion, pursuant to Mass.R.Civ.P. 60(b), asking the court to vacate the dismissal.
In part, the plaintiff claimed that there was confusion over the actual date of the conference.
A new judge denied the plaintiff’s motion, citing “a pattern of neglectfulness and inattention to the claims, the Court, and the Defendant parties spanning nearly five (5) years.”
The plaintiff appealed the decision, claiming that the motion judge abused her discretion.
Today the Appeals Court issued a slip opinion affirming the lower court’s ruling.
Saladin argued that his counsel failed to appear at the March 5, 2024 status conference either because he did not receive the notice to appear or because he failed to write down the correct date. However, the judge rejected this argument on credibility grounds and described a lengthy history of neglect toward the case…Because the judge rejected the notice argument on credibility grounds, we will not overturn those findings. See Commonwealth v. Scott, 467 Mass. 336, 344 (2014) (motion judge is final arbiter of credibility).
The full text of the slip opinion is attached below.