Cumberland Farms, Inc. v. Tenacity Construction, Inc.

Salinger, Kenneth W., J.

Cumberland Farms, Inc., has applied under Mass.R.Civ.R 33(a)(4) for a default judgment on the ground that Tenacity Construction, Inc., failed to serve interrogatory responses in a timely manner. The Court concludes that entry of final judgment under Rule 33(a) is discretionary, not mandatory, even where all procedural requirements for the entry of final judgment have been satisfied. In the exercise of its discretion, the Court concludes that it would not be appropriate to enter a default judgment given that Tenacity has now answered the interrogatories and made…