Superior Court Motion to Dismiss Fair Test Appeal from Civil Service and Town of Winthrop.pdf

Town of Winthrop · from the Town's request portal · released Dec 13, 2023 · 5 pages · 877 KB
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a HOWARD L. GREENSPAN
He [ ATTORNEY AT LAW

January 22, 2020

Feruccio Romeo

Saugus, MA 01906

Re: Ferruccio Romeo v. Civil Service Commission and Town of Winthrop
Superior Court No.: 1984CV01806

Dear Attorney Romeo:

In accordance with Rule 9A of the Superior Court please find:

1. Defendant’s Joint Motion To Dismiss; and
2; Defendant’s Request For Hearing.

Sincerely,

CG? Robert L. Quinan, Jr., Assistant Attorney General
Austin Faison, Town Manager
Chief Terence Delehanty

200 Broadway, Suite 304 ¢ Lynnfield, Massachusetts 01940
TeL: (781) 598-4545 © Fax: (781) 598-4579
HGreenspan @GreenspanLawyers.com

COMMONWEALTH OF MASSACHUSETTS:
SUFFOLK, 8S ee
PPP4 CY OF POE.

FERRUCCIO:ROMEO,
Plaintiff

CIVIL SERVICE COMMISSION)
and: TOWN OF WINTHROBP,,

)
)
)
)
Defendants )

Now come the Deferidatits; Town of Winthrop and Civil Service Commission, in
the above entitled action and:move this this Honorable Colirt pursbant to G.L,.6, 30A;§:
14.anid Supetior Court Standing Order'l-96 to dismiss the Complaint.of the Plaintiff,
Ferruccio: Romeo, for failure:to prosecute the appeal of theidecision:of the’ Civil Service
Commission:under-the statute.

As grounds for'this motion the Defendant states:

1, The Plaintiff, Ferruccio Romeo, filed the Complaint itt this dase on June 6,
2019 inthe Suffolk Superior Court, Docket Number 1984CV01806, seeking judicial
review of'a decision of the Civil Service Commission issued:on May9,.2019, pursuant;
G.L.0.30A, $14(7)'and GL. 0: 31, 44.

2, The Deferidant, Town of Winthrop, filed and:served its: Answer to the

Cottiplaint on August'21, 2019 and the Defendant, Civil Service Commission, filed and

setved its:-Answer on September 23; 2019 and the Administrative Recotd on November 1,,
2019.

3.. Pursuant'to Mass. Super Gt. Standing Order 1-96, whieh governs the judicial
review of'admitistrative avenoy proseedings; the “olaitn for judicial review shall be
resolved through @ motion for judgiienit of the pleadings, Mags: R. Civ. P; 12(¢), to
accordance: with Superior Court Rule 9A. . ..[and the] plaintiff's Rule 12(c) motionand
supporting memorandum shall. be served within thirty (30) days:of the service. of the
record... .." Asisuch, the Plaintiff's Motion for Indgment:on the Pleadings was to be:
served on the Defendants on-or before December 2, 2019.,

4, It has beett over severity (70) days sitive the filing of the record and the Plaintiff”
has failed to serve the Motion for Judgmit on ‘the Pleadings on the Defendants, Town of
‘Winthrop:or Civil Service Commission, orany-other pleading in this action. within the
time allowed. .

WHERFORE, the Defendant Town Winthropiand Civil Service Commission,
tequest’that the’court dismiss the:above-captioned Complaint based dn the failureof the:
Plaintiff 16 progesiite the G.L, 6. 30 appeal:

Signed under the pains-and penalties of perjury this 27 __ day of January, 2020,

By it attothey,,

Howard-L. Gredaspan

BBO #210420 NL BBO # seane

200 Broadway, Suite 304 Assistant ‘Attortiey General
‘Lynnfield, MA.01940 Goy. :

(781) 598-4545
hgreenspan@greenspanlawyersicom

3.2554
robert quinan@mass:yow

COMMONWEALTH OF MASACHUSETTS

DEPARTMENT OF LABOR RELATIONS

SUFFOLK, SS SUPERIOR COURT

NO. 1984CV01806

FERRUCCIO ROMEO
Plaintiff
v.

CIVIL SERVICE COMMISSION
and TOWN OF WINTHROP

was SS

PLAINTIFF’S REQUEST FOR HEARING

Now, comes the Defendant and moves this Honorable Court for a Motion To Dismiss.
The Motion is filed pursuant to Rule 9A of the Superior Court Rules and Procedure.

Respectfully submitted,
The Town of Winthrop
by its counsek,

Howard L. Greenspan

200 Broadway, Suite 304

Lynnfield, MA 01940

(718) 598-4545
Hgreenspan@greenspanlawyers.com

Dated: yp "he

CERTIFICATE OF SERVICE

A copy of the foregoing Defendant’s Joint Motion To Dismiss and Defendant’s Request
For Hearing has been sent via First Class Mail this 22" day of January, 2020 to Ferruccio

Romeo, RG Saugus, MA 01906.

oward L. Greenspan