On April 15 and 23, 2015, the Court (Hon. Robert J, Kane presiding) heard extensive oral arguments regarding the Selectmen’s pending Motion to Vacate Entry of Default together with a Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(5). The Court took the motions under advisement, and stated that it would require at least 45 days to rule on these complex legal matters.
On April 10, 2015, the Court (Robert J. Kane, Justice) ALLOWED the Selectmen’s Motion to Continue Motion/Hearing: Assess Damages.
On March 25, 2015, the Selectmen served a Motion to Continue Motion/Hearing: Assess Damages, and Belezos served an Opposition thereto on March 30, 2015.
On February 27, 2015, the Selectmen served a Motion to Vacate Entry of Default together with a Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(5), and Belezos served Oppositions thereto on March 25, 2015.
On February 13, 2015, a notice of appearance was filed on Town and employees’ behalf.
On February 5, 2015, the Clerk of Courts, County of Plymouth, defaulted the Selectmen pursuant to Mass.R.Civ.P. 55(a), the Selectmen having failed to plead or otherwise defend as required by Mass.R.Civ.P. 12(a). The plaintiff Belezos was thereby ordered to file a motion for an assessment of damages and default judgment pursuant to Mass.R.Civ.P. 54(b)(2) and subject to Mass.R.Civ.P. 54(b) and 55(b)(4) as amended by March 6, 2015.
On February 3, 2015, the time within which the Selectmen shall serve a responsive pleading or otherwise defend pursuant to Rule 12 (a) had expired and the Selectmen had failed to serve or file an answer or otherwise defend as to the Am. Compl. Accordingly, Belezos filed a request for default pursuant to Mass.R.Civ.P. 55(a).
On December 28, 2014, Belezos, individually and on behalf of himself and a class of all other persons similarly situated, filed the first amended complaint, the instant civil class action against the Board of Selectmen of the Town of Hingham (“Selectmen”) in their official capacity, on behalf of themselves and a class of all others similarly situated for declaratory, legal, equitable and other relief. (Doc. No. 4, First Amended Complaint (“Am. Compl.”)). By his claims, Belezos is seeking to hold the Selectmen liable under state law for fraud on the court, ultra vires statutory violations, unjust enrichment and conversion. Additionally, he alleges that the Selectmen deprived him of his Fourteenth Amendment rights to substantive and procedural due process.
On Monday, September 29, 2014, plaintiff Nicholas G. Belezos (“Belezos”), individually and on behalf of himself and a class of all other persons similarly situated, filed the original complaint in the instant civil class action. (Doc. No. 1, Complaint).