RONNIE DEMOURA, et al., Plaintiffs, vs. CP CLARE CORPORATION, et al., Defendants.

No. 98-4473-C

SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK

2001 Mass. Super. LEXIS 238

March 9, 2001, Decided

DISPOSITION:
Motion to sever ALLOWED.

COUNSEL:
James P. Keane, of Keane & Klein, Boston, Massachusetts is counsel for the Plaintiff.

Sara Goldsmith Schwartz and William E. Hannum III, of Schwartz Hannum PC, Andover, Massachusetts, are counsel for the Defendant, CP Clare Corporation.

David DeVeau, of Nelson Kinder Mosseau & Saturley, P.C., Manchester, New Hampshire, is counsel for the Defendant, Eunice Buckland.

JUDGES:
Patrick J. King, Justice of the Superior Court.

OPINION BY:
Patrick J. King

OPINION:

ORDER ON DEFENDANT CP CLARE CORPORATION'S MOTION TO SEVER
Plaintiff Ronnie DeMoura ("DeMoura") brought this action against her former employer, Defendant CP Clare Corporation ("Clare"), for damages arising from alleged employment discrimination, and also against Defendant Eunice Buckland ("Buckland") for interference with advantageous relations, defamation, and invasion of privacy. Based upon the summary judgment order of this court, McHugh, J., the only remaining claim against Clare is for gender discrimination, and against Buckland for defamation and invasion of privacy. Clare now moves to sever DeMoura's claim against it from her claims against Buckland. Because the claims against Clare and Buckland do not arise out of the same transaction or occurrence, nor do common questions of law or fact exist among DeMoura's claims, Clare's motion to sever is ALLOWED.

The case is presently set for trial on May 14, 2001. In light of the court's order to sever, the parties should work out amongst themselves which case will go forward first and advise the court within two weeks of the decision. In the event that the parties are unable to reach an agreement on the order of the trials, the court will hold a scheduling conference on March 30, 2001, at 3:00 p.m.

Patrick J. King
Justice of the Superior Court.