UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Samuel J. Bourne, Individually,

and as Trustee of the

Bedrock Realty Trust

v. Civil No. 05-cv-365-JD

Town of Madison, et al.

PROCEDURAL ORDER

Samuel J. Bourne has filed a notice of the status of the

consolidated state court action, Carroll County Superior Court,

Bedrock Realty Trust v. Town of Madison, Nos. 03-E-0061, 0114,

0144, and 05-E-0014, involving the same parties and some issues

in common with this case. In the notice, Bourne asks for

clarification of the process established in the court’s prior

orders as to the dates for filing motions for reconsideration. A

request for relief, such as a request for clarification of a

prior order, should have been raised by motion, which Bourne

failed to do. However, the court will address the issue without

requiring refiling.

In orders issued on May 3 and September 14, 2007, the court

recognized that the outcome of the consolidated state action in

the Carroll County Superior Court, Bedrock Realty Trust v. Town

of Madison, Nos. 03-E-0061, 0114, 0144, and 05-E-0014, could

affect issues in this case. Therefore, if either party believed

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that an order issued in this case was inconsistent with a

decision of the superior court in the state action, that party

was granted leave to file a motion to reconsider within thirty

days after an order entering final judgment in the state court

action. The court further stated that it would not consider the

pending a motion for reconsideration until thirty days after the

parties filed a joint notice that final judgment has been entered

in the state action.

Bourne represents that the state court has issued decisions

in the state action that he has interpreted as final. Bourne

also represents that Bedrock Realty Trust has appealed, and the

defendants have filed a cross appeal. Bourne asks for

clarification of whether the state court action is now final, for

purposes of motions for reconsideration in this case, or whether

the state court action will not be final until the conclusion of

the now-pending appeals.

The court first notes that the parties were directed to file 

a joint notice of a final judgment to begin the reconsideration

process in this case. That has not yet occurred.

In light of the parties’ pending appeals, motions for

reconsideration in this case will not be due, and the pending

motion will not be considered, until thirty days after the

parties file a joint notice of a final judgment in the state

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action. Judgment will not be deemed to be final in the state

action until a final disposition of the appeals and any further

proceedings that may occur in state court in the cases Nos. 03-E0061, 0114, 0144, and 05-E-0014. Although Bourne indicates that

he, proceeding pro se, has filed a new case pertaining to the

same issues in state court, litigation here will not be delayed

further by the new state court case.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

October 2, 2008

cc: Brian J.S. Cullen, Esquire

Rachel A. Hampe, Esquire

Richard D. Sager, Esquire

Gerald F. Williamson, Esquire

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