U.S. Bank National Ass'n v. Manning
Supreme Judicial Court of Maine
1Opinion of the CourtMead, J.
[¶ 1] U.S. Bank National Association as Trustee for RASC 2005KS9 (the Bank) appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing with prejudice its foreclosure complaint against Thomas Manning as a sanction for its failure to comply with the court’s discovery order. The Bank contends that the court’s action constitutes an abuse of discretion given the circumstances of this litigation, and that the court erred at several points as the case pro*607gressed through its pretrial stages. We agree and vacate the judgment.
I. BACKGROUND
[¶ 2] In July 2010, the Bank…
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