FAILURE TO COMPLY CONTEMPT COULD BE END OF LINE FOR MR. GAFFNEY

FAILURE TO COMPLY CONTEMPT COULD BE END OF LINE FOR MR. GAFFNEY


    Becasue Mr. Gaffney has failed to provide the court ordered information to Defendant Davis, Mr. Gaffney lawsuit is likely to be dismissed with prejudice. This means he can not re file the case. If dismissed there will be no stipulations such as an admittal of responsibility. This is sometimes referred to as the nuclear option.

   The dismissal would not prevent the Court from ruling that Mr. Gaffney's lawsuit was frivolous.In such a ruling there would be  additional sanctions such as the award of legal fee to the Defendant.

     The Motion for Dismissal of Mr. Gaffney's lawsuit based on his Contempt of Court for failure to provide Answers as ordered is found below.

===================================================  

COMMONWEALTH OF MASSACHUSETTS

Worcester Superior Civil Court ss

Docket No. 16-0288 B

********************************* 

Michael T. Gaffney

Plaintiff

V

Gordon T. Davis

Rosalie Tirella

In City Times

Defendants

**************************

DEFENDANT GORDON T. DAVIS’ REQUEST FOR A HEARING TO ADDRESS PLAINTIFF’S FAILURE TO PROVIDE CRITICAL ANSWERS TO INTERROGATORIES THAT THIS COURT HAS ORDERED HIM TO PROVIDE.

Defendant Gordon T. Davis respectfully requests that this Court hold a hearing to address Plaintiff Michael T. Gaffney”s failure to provide critical Answers to Interrogatories in this Defamation lawsuit. In September 2016 the Court ordered that the Plaintiff provide his Answers by October 7, 2016.

The Plaintiff has failed to provide the critical Answers despite the Court allowance of Motions to Compel in July 2016 and September 2016.

The Plaintiff has failed to provide Answers in the following categories:

1.     His income  and damages.

2.     His relationship with blogger Turtleboy Sports and whether he retaliated against the Defendant in cooperation with Turtleboy Sports.

3.     His electronic posts regarding offensive statements made about a Hispanic City Councillor, Sarai Rivera.

4.     Witnesses

Sanctions

   In the event that the Court elects not to hold a Hearing on this Motion,  Defendant Davis respectfully requests that the Court

a.     Dismiss all of the Plaintiff’s claims

b.     Award Sanctions found in Defendant Davis’ Motion for Award of Sanctions against the Plaintiff Michael T. Gaffney filed earlier this month.

Respectfully Submitted

Gordon T. Davis

Pro Se Defendant