Party Notice: IRONHORSE AUTO, LLC, D/B/A CENTRAL HYUNDAI v. MATTSON, BRENT

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                                DOCKET NO.: WWM-CV21-6022016-S                        :        SUPERIOR COURT
                                                                        :
                  IRONHORSE AUTO, LLC d/b/a                             :        J.D. OF WINDHAM
                  CENTRAL HYUNDAI                                       :
                                                                        :
                  VS.                                                   :        AT PUTNAM
                                                                        :
                  BRENT MATTSON                                         :        SEPTEMBER 30, 2022

                                 SECTION 11-18 NOTICE (REQUEST FOR ORAL ARGUMENT)

                           In accordance with § 11-18 of the Practice Book, the Plaintiff, Ironhorse Auto, LLC d/b/a

                  Central Hyundai, by and through its counsel, respectfully gives notice that it seeks oral argument

                  on Item 121.00, the Defendant’s most recent Motion for Order of Compliance.

                           The   Defendant’s     Motion    for  Order   of  Compliance     is  currently   on  the  10/03/22,    Short

                  Calendar SC-10 at #003.

                           In his Motion, the Defendant, Brett Mattson, contends that the Plaintiff’s recent responses

                  to Defendant’s discovery requests are insufficient, and that sanctions are warranted.                  In addition,

                  the  Defendant    argues   that  the  Plaintiff’s  case  “is premised     on  literally nothing.”     Motion    at 6.

                  However, the Defendant is mistaken.            Contrary to the Defendant’s claims, the Plaintiff has fully

                  responded to the trial court’s order dated August 15, 2022, and that on September 14, 2022, the

                  Plaintiff provided the Defendant with all of the responsive documents and information within its

                  custody and control.      There is no basis for sanctions in this case.         Moreover, this is a case where

                  the  Plaintiff   has  already    produced    substantial    evidence    that  Defendant     Mattson     wrongfully

                  accessed    the Plaintiff’s   computerized     Dealer   Management       System    (“DMS”),     as  alleged   in the

                  Plaintiff’s  Complaint1,     and   that  the  Plaintiff  has   suffered   damages     as a  result.   Further,   the

                  Defendant is making an argument that is better suited to a motion for summary judgment, or at


                  1
                   On August 8, 2022, the Plaintiff provided Defendant’s counsel with detailed amended responses to the Defendant’s
                  44 Interrogatories and documents in response to Defendant’s 25 Requests for Production.
                  trial: that  the Plaintiff  has   not  produced    enough    evidence    to support    its claims.    But  it is not

                  appropriate to make such arguments in a motion for discovery sanctions.

                           Given    that sanctions    are  being  sought    by  the  Defendant    for  a  discovery    violation,  the

                  Plaintiff respectfully requests an opportunity to be heard with respect to this motion.


                                                                        THE PLAINTIFF –
                                                                        IRONHORSE AUTO, LLC d/b/a
                                                                        CENTRAL HYUNDAI


                                                                        By       103001
                                                                            John M. Wolfson
                                                                            Benjamin M. Wattenmaker
                                                                            FEINER WOLFSON LLC
                                                                            One Constitution Plaza, Suite 900
                                                                            Hartford, CT 06103
                                                                            Tel. :   (860) 713-8900
                                                                            Fax. :  (860) 713-8905
                                                                            jwolfson@feinerwolfson.com
                                                                            bwattenmaker@feinerwolfson.com
                                                                            Juris # 415049
                                                                            Its Attorneys
                                                                CERTIFICATION

                           I hereby    certify  that on   September      30,  2022,   a copy   of  the foregoing    was   emailed    or
                  delivered electronically or non-electronically to the following counsel of record and that written
                  consent for electronic delivery was received from the same.

                  William J. O’Sullivan, Esq.
                  O’SULLIVAN McCORMACK JENSEN & BLISS, PC
                  180 Glastonbury Boulevard, Suite 210
                  Glastonbury, CT 06033
                  Phone: (860) 258-1993
                  Fax:     (860) 258-1991
                  wosullivan@omjblaw.com



                                                                                  103001
                                                                             John M. Wolfson