Hon. Justice Gordon MacDonald - Family Law Case

ITMO Jennifer Eber and Gordon MacDonald

6th Circuit - Family Division - Concord, New Hampshire

Case No. 644-2020-DM-00107

Case Summary: ITMO Jennifer Eber and Gordon MacDonald, No. 644-2020-DM-00107

1. Index #1 (October 9, 2020) - Petition for Divorce - Jennifer Eber (NH Bar #8775) filed for divorce from Gordon MacDonald (NH Bar #11011) citing irreconcilable differences but notably reserved the right to allege fault grounds at a later date - an unusual provision that contradicts claims of an amicable split. She listed MacDonald's address as 30 Norway Hill Road, Hancock, NH (the office of political consultant David Carney) rather than their marital home at 128 Dickey Hill Road, Deering, NH. One minor child: Nellie MacDonald, then age 12.
2. Index #2 (October 15, 2020) - Important Notice to Parties - Court issued standard notice providing essential information about divorce procedures, requirements, and rights/obligations during proceedings.
3. Index #3 (October 15, 2020) - CIP Notice to Petitioner - Child Impact Program notice sent to Jennifer Eber requiring completion of mandatory parenting course. See RSA 458-D.
4. Index #4 (October 15, 2020) - CIP Notice to Respondent - Child Impact Program notice sent to Gordon MacDonald requiring completion of mandatory parenting course. See RSA 458-D.
5. Index #5 (October 15, 2020) - Instructions for Service - Court issued guidance on proper legal procedures for serving divorce papers.
6. Index #6 (October 26, 2020) - Appearance - James J. Tenn Jr. (NH Bar #8842) and Mary E. Tenn (NH Bar #11043) file an appearance as MacDonald's attorneys.
7. Index #7 (October 29, 2020) - Acceptance and Waiver of Service - MacDonald formally acknowledged receipt of petition and waived formal service requirements.
8. Index #8 (November 9, 2020) - Answer and Cross-Petition - MacDonald admitted irreconcilable differences but denied fault grounds, while filing his own cross-petition for divorce. MacDonald acknowledged he was temporarily living at the office of David Carney.
9. Index #9 (November 16, 2020) - Appearance - Judith Ann Fairclough (NH Bar #769) files an appearance as Eber's attorney.
10. Index #10 (November 24, 2020) - Affidavit of First Appearance - Jennifer Eber files an Affidavit of First Appearance.
11. Index #11 (November 25, 2020) - CIP Certificate - Petitioner - Eber's completion of mandatory parenting course confirmed. No CIP Certificate has been filed by MacDonald. See RSA 458-D.
12. Index #12 (November 30, 2020) - Affidavit of First Appearance - Gordon MacDonald files an Affidavit of First Appearance.
13. Index #13 (December 16, 2020) - Request for Certified Copies - Peter T. Foley (NH Bar #828) requested certified copies of petition and answer/cross-petition.
14. Index #14 (January 28, 2021) - Order for Private Mediation - Judge Edward B. Tenney ordered parties to engage in mediation within 60 days.
15. Index #15 (February 25, 2021) - Appearance - Meegan C. Reis (NH Bar #14215) replaced Fairclough as Eber's counsel.
16. Index #16 (February 26, 2021) - Withdrawal - Fairclough formally withdrew from representing Eber.
17. Index #17 (April 1, 2021) - Real Estate Stipulation - Critical agreement allowing MacDonald to purchase $375,000 Hopkinton condo as a primary residence using $100,000 in marital assets as advance on his share. However, MacDonald never filed any form NHJB-2409-DFP to update his address with the Court.
18. Index #18 (August 23, 2021) - First Extension Request - Parties requested 90 additional days for settlement, beginning pattern of delays.
19. Index #19 (July 21, 2022) - Assented Motion to Continue - After 11-month gap, first continuance motion filed by MacDonald.
20. Index #20 (July 27, 2022) - Order on Continuance - Judge Erin B. McIntyre granted continuance and noted past professional relationship with MacDonald, inviting recusal motions.
21. Index #21 (August 31, 2022) - FIRST RECUSAL MOTION - Eber filed motion for Judge McIntyre's recusal, granted September 6.
22. Index #22 (October 17, 2022) - Joint Motion for Telephonic Conference - Parties requested status conference with new judge.
23. Index #23 (October 18, 2022) - Status Conference Order - Judge Justin S. Hersh held conference after McIntyre's recusal. Includes transcript of October 18, 2022 hearing.
24. Index #24 (November 21, 2022) - SECOND RECUSAL MOTION - Eber filed another recusal motion, partially granted by Judge Justin S. Hersh. The parties explicitly requested Judge Edward B. Tenney be assigned.
25. Index #25 (January 18, 2023) - Judge David J. Burns Takes Case - Judge Burns held conference, suggested possibility of out-of-state judges given MacDonald's position as NH Supreme Court Chief Justice. Includes transcript of January 18, 2023 hearing.
26. Index #26 (April 4, 2023) - Telephonic Conference - Continued "oversight" of settlement negotiations. Includes transcript of April 4, 2023 hearing.
27. Index #27 (June 1, 2023) - Motion to Continue - Granted by Judge Christopher M. Keating. Conference postponed, pattern of delays continues.
28. Index #28 (August 9, 2023) - Status Conference - Counsel "hopeful" settlement within 60 days, October 15, 2023 deadline set. Includes transcript of August 9, 2023 hearing.
29. Index #29 (December 13, 2023) - October Deadline Missed - Counsel now "confident" for January 2024 settlement. Includes transcript of December 13, 2023 hearing.
30. Index #30 (March 6, 2024) - January Deadline Missed - Parties "exchanging drafts of settlement documents," new deadline May 15, 2024. Includes transcript of March 6, 2024 hearing.
31. Index #31 (August 26, 2024) - May Deadline Missed - Another 45 days requested, October 15, 2024 deadline set. Includes transcript of August 26, 2024 hearing.
32. Index #32 (December 6, 2024) - Motion to Continue - Filed to postpone December 10 conference (forwarded from wrong court). Granted by Judge David J. Burns without hearing.
33. Index #33 (December 6, 2024) - Duplicate Motion - Same continuance motion sent by courier to ensure filing.
34. Index #34 (January 22, 2025) - Joint Motion to Continue - Both parties jointly postponed January 24 conference. Granted by Judge David J. Burns without hearing.
35. Index #35 (April 28, 2025) - Another Postponement - May 7 hearing postponed. Granted by Judge David J. Burns without hearing.
36. Index #36 (August 1, 2025) - Current Status - Yet another postponement of August 11 hearing. Case now at 4 years, 10 months with no resolution, no parenting plan filed, child now 17 years old and will age out in 9 months.