Tanguay

FACTS

In December 2020, Tanguay filed a complaint for partition of real property against Lavallee related to their jointly held home. Lavallee did not file a timely response; on April 26, 2021, Tanguay filed a request for entry of default against him. The court scheduled a case management conference for July 19, 2021, which was continued to November 2021. On July 15, 2021, four days before the initial case management conference date, the court issued two orders to show cause (OSC) why sanctions should not be imposed for Tanguay’s failure to file: (1) a timely proof of service, and (2) a request for entry of default for all named defendants. In November 2021, Tanguay’s counsel filed a declaration in response to the OSCs, explaining that Lavallee had been served with the summons and complaint, that his default was entered on April 26, 2021, and that the other named defendants had appeared. Counsel explained Tanguay was encountering difficulty obtaining the financial documents she needed to support her default prove-up, that she anticipated receiving them shortly, and that she expected to file her prove-up package within 45 days. The court discharged the OSCs and issued a new OSC…