Preview
(X06) UWY-CV-21-5028294-S
NANCY BURTON : ‘
SUPERIOR COURT
JUDICIAL DISTRICT
Vv. OF WATERBURY
DAVID PHILIP MASON
ETAL. FEBRUARY 14, 2023
PL.
N—<——erV—V SON SS SESS SATE PEPENVAN TS’ MOTION FOR ORDER OF
AINTIFF’S OBJECTION TO STATE DEFENDANTS’ MOTION FOR ORDER OF
COMPLIANCE RE: INTERROGATORIES AND REQUEST FOR PRODUCTION
The Plaintiff objects herewith to State Defendants’ Motion for Order of
Compliance Re: Interrogatories and Request for Production and the relief sought therein
'
(Entry #373.00).
On July 1, 2022, State Defendants served a Request for Interrogatories and Request
for Production upon Plaintiff.
On September 23, 2022, Plaintiff filed responses with respect to certain of such
requests and discovery requests and objections as to certain others.
There followed a series of email and in-person communications between Plaintiff and
State Defendants’ former counsel, Assistant Attorney General Jonathan Harding,
regarding scheduling a teleconference or in-person conference between Plaintiff and
Mr. Harding to resolve Plaintiff's objections.No fewer than 22 email communications were exchanged between the two in the
period of time of September 29, 2022 and November 3, 2022.
In all such communications, Plaintiff expressed a willingness to engage in such
discussions and provided numerous dates of availability.
Mr. Harding, author of the Motion for Compliance, presents no argument nor proof
that Plaintiff was unwilling nor unavailable to engage in a good-faith conference
pursuant to Practice Book Section 13-(c); therefore, the Court may conclude to the
contrary.
To the contrary, Plaintiff attaches hereto a series of email communications
expressing her willingness and availability for such conference..
Mr. Harding neglects to point out in his Motion for Order of Compliance that he was
aware that Plaintiff was under other numerous obligations and deadlines — most
particularly concerning the pressures she was under to compile and deliver exhibits in
support of her opposition to Mr. Harding’s motion to terminate automatic stay, which
Judge Bellis had scheduled for an upcoming hearing.
Throughout this period, Plaintiff communicated to Mr. Harding her willingness and
availability to engage in such discussion(s).
Mr. Harding’s motion requires his submission of a Practice Book Section 13-8(c)
affidavit; he did not file the requisite affidavit and therefore his motion is premature; such
failure is a sufficient basis for denial of the motion. Further, the Court is justified to
conclude that he failed to engage in bona fide attempts to resolve the discovery
differences.Resolution would best be achieved if the Court were to set a date by which the
parties need engage in a bona fide effort to resolve the discovery differences.
THE PLAINTIFF
47 Cross Highway
Redding CT 06896
Tel. 203-313-1510
NancyBurtonCT@aol.com2/11/23, 4:07 PM
Compose
® Today on AOL
New Mail
‘Old Mail
Starred
Spam
Recently Deleted
” Less
Views
WA Photos
RB Documents
> Travel
Folders
+ New Folder
‘Saved Mail
Archive
Drafts
465
Hide
Hide
FrelinghuysenBirdRe...
Notes
SavediMs
(87,578 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Re: Continuation of Discovery Discussion Aol/Old Mail ¥y
nancyburtonct@aol.com wrote:
Ms. Burton,
You still have not responded to any of my suggestions about parameters or the
questions | posed in that regard. | think unless we have a baseline agreement about
what the sticking points are, | am not sure how much we can get done. It does not
appear your position has changed at all since our discussion last Thursday. Can you at
least let me know if you are willing to accept any of the three parameters | mentioned
in my last email?
Additionally, | do not have facetime from my work computer. Do you have the ability
to meet via Microsoft Teams?
Jonathan
From: nancyburtonct@aol.com
Sent: Tuesday, November 1, 2022 12:54 PM
To: Harding, Jonathan ; NancyBurtonCT@aol.com
1 Subject: Continuation of Discovery Discussion
EXTERNAL EMAIL: This email originated from outside of the organization. Do not click any links.
jor open any attachments unless you trust the sender and know the content is safe.
' Mr. Harding:
| request that you set aside time tomorrow to continue our discussion regarding
. Order #358.10.
| am available between 11 AM and 12 noon and 3 to 5.
| am available to “attend” the session via Facatime.or in person at a location in New
https://mail.aol.com/d/search/keyword=Harding/messages/ACO-GA02Cu5dY2GDxAPCcSNelAIE
&
Home
>
Keep
© Back Byes BN Move Bi Delete spam +++More ~*~ X HMB O
New
12/11/23, 3:15 PM. (57,606 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v QB Home
Keep
compose © Back A Bias BN Move Bi Delete spam +++More + ~* X HM EO #
New
@® Today on AOL Re: Teleconference AavSent Yr &
nancyburtonct@aol.com fe Thu, Oct 6, 2022 at 222 PM WY
New Mail 58K To: Jonathan Harding@ct.gov
Old Mail Bee: NancyBurtonCT@aol.com
Starred Did you not receive my email with a proposed new date(s) owing to my focus on complying
with Judge Bellis' Order #351?
Drafts 465
Sent
—Original Messago—
Spam
» From: Harding, Jonathan
| To: nancyburtonct@aol.com
Recently Deleted | Co: Levine, Matthew
| Sent: Thu, Oct 6, 2022 10:44 am
© bess Subject: RE: Teleconference
Views Hide |, Ms. Burton,
WA Photos
» Attorney Levine and I called into the conference call at 10:29AM. We waited over ten
Bh Documents minutes for your to join us on the call and ended the call at 10:41AM. Unfortunately you
chose not to conference with us to resolve this outstanding discovery dispute. Again, |
> Travel ' must note that this date was chosen by you because you represented that you were
| available,
Folders Hide !
* We will have to address this outstanding discovery issue with the Court. You will receive
+ New Folder ; ur filing shortly.
Saved Mail t
‘Thank you
Archive |
Drafts 3 j Jonathan
FrelinghuysenBirdRe... |
Notes
SavediMs i
EF -
'
JONATHAN HARDING
Assistant Attorney General
Office of the Attorney General
hitps://mail.aol.com/d/search/keyword=Harding/messages/AMnoRWJ9DKSiY28c4Q5QEFRqHs42/11/23, 4:08 PM
Compose
@ Today on AOL
New Mail sax
Old Mail
Starred
Drafts 465
Sent
Spam
Recently Deleted
* Less
Views Hide
Photos
B Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts
FrelinghuysenBirdRe...
Notes
SavedIMs
(67,576 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep _
© Back ® A > Bias BS Move i Delete Spam +++More AY X
New
Further to our discussion Aol/Old Mail vy
nancyburtonct@aol.com EX Thu, Nov 3, 2022 at 7:58AM TY
To: jonathan harding@ct.gov,
NancyBurtonCT@aol.com
Mr. Harding:
A major hindrance to our resolution of outstanding discovery issues
is what | perceive to be your fundamental misapprehension of the limits
of the "attorney-client privilege.”
It is far narrower than you represent.
See, e.g., Kowalonek v, Bryant Lane, 2999 Conn. Super, LEXIS 957 ("The
attorney client privilege applies to communications (1) made by a client (2)
to his or her attorney (3) for the purpose of obtaining legal advice (4) with the
intent that the communication be kept confidential . . .")
In light of this, | call on you to exclude from the universe of your
objections to materials you have argued come within the "attorney-
client privilege" and identify each such previously-claimed objection
and release all requested records that do not come within the above-
cited language.
Thank you for your assistance.
Nancy Burton
aa me
Reply, Reply All or Forward
https://mail.aol.com/d/search/keyword=Harding/messages/AEAIJENwohw2Y20s3ADS8DC5P3A
€ Home
Bm EO
&
12/11/23, 4:07 PM
Compose
® Today on aot.
New Mail 58K
Old Mait
Starred
Drafts 465
Sent
Spam
Recently Deleted
” Less
Views Hide
WA Photos
BB Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts .
FrelinghuysenBirdRe...
Notes
SavediMs
(87,577 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
© Back @& GQ mm Was BY Move Hi Delete Spam +++More 2 ¥ X
New
RE: Continuation of Discovery Discussion Aol/Old Mail wr
t
To: nancyburtonct@aol.com
Ce: Levine, Matthew
@ Harding, Jonathan FR Tue, Nov 1, 2022 at 440 PM TY
As | already discussed, | can make time on Thursday or Friday.
From: nancyburtonct@aol.com
Sent: Tuesday, November 1, 2022 4:38 PM
To: Harding, Jonathan ; Nancy Burton
Subject: Re: Continuation of Discovery Discussion
|EXTERNAL EMAIL: This email originated from outside of the organization. Do not click
any links or open any attachments unless you trust the sender and know the content is
safe.
| As | have indicated | am prepared to hear you out and discuss face-to-face, as per the
Order.
‘ You do not seem willing to go with any of my suggestions. | have an important meeting
* shortly. | can speak tomorrow at the times previously identified.
‘Sent from the all new AOL app for iOS
|
1
| On Tuesday, November 1, 2022, 4:27 PM, Harding, Jonathan
| wrote:
|
Ms. Burton,
You stil have not responded to any of my suggestions about parameters or the
} questions | posed in that regard, | think unless we have a baseline agreement about
what the sticking points are, | am not sure how much we can get done. It does not
appear your position has changed at all since our discussion last Thursday. Can you at
least let me know if you are willing to accept any of the three parameters | mentioned
in mv last email?
https://mail.aol.com/d/search/keyword=Harding/messages/AMjGGdUe_1 duY2GEJwBxSFiStyg
6B tome
HM@Ee#
er)
WebsterBank:
22/11/23, 4:06 PM
Compose
@® Today on AOL
New Mail 58K
Old Mail
Drafts 465
Spam
Recently Deleted
A Less
Views Hide
FM Photos
1B Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts .
FrelinghuysenBirdRe...
Notes
SavedIMs
(57,579 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced w & Home
Keep
© Back A Beas BA Move Ti Delete spam +more «A» X EMBO #
New
Continuation of Discovery Discussion AoV/Old Mail Ye &
nancyburtonct@aol.com EA Tue, Nov 1, 2022 at 12:53PM YY
To: jonathan.harding@ct.gov,
NancyBurtonCT@aol.com
Mr. Harding:
|! request that you set aside time tomorrow to continue our discussion regarding Order
#358.10.
tam available between 11 AM and 12 noon and 3 to 5.
[am available to “attend” the session via Facetime.or in person at a location in New Haven.
Please advise.
Nancy Burton
a ao
Reply, Reply All or Forward
https://mail.aol.com/d/search/keyword=Harding/messages/AlgKL9R-eSLCY2FPEAay2GXBMGg
42/11/23, 4:03 PM
Compose
® Today on AOL
New Mail 58K
Old Mail
Starred
Drafts 465
Sent
Spam
Recently Deleted
A Less
Views Hide
I Photos
B_ Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts
FrelinghuysenBirdRe...
Notes
‘SavediMs
(67,583 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
© Back @®& & mm Wes BE Move Hf Delete Spam +-+More 4 ¥ X
New
Re: Discovery Follow-Up Aol/Old Mail YY
nancyburtonct@aol.com FR Mon, Oct 31, 2022 at 12:55 PM YY
To: Jonathan.Harding@ct.gov
Mr. Harding:
believe the Court set a deadline to conference of November 2, 2022. | am available all
day tomorrow as well as later this afteroon. | am completely booked with appointments on
November 2. November 3 is outside the deadline.
| believe we can make progress if you will review the law of attomey-client privilege and
deliberative process privilege.
Finally, | request a list of your objections in an email text. | was unable to open your
attachment.
Naney Burton
—Original Message-—
From: Harding, Jonathan
‘To: nancyburtonct@aol.com
Cc: Levine, Matthew
‘Sent: Mon, Oct 31, 2022 11:36 am
Subject: RE: Discovery Follow-Up
Ms. Burton,
do not have time this afternoon to continue our discussion. Do you have any availability
on Thursday or Friday?
‘have repeatedly sent you our objections and other emaila that specifically detail our
objections. Please read them. Find our objection attached.
Obviously, if you oppose our objections in their entirety and have no interest in
considering the limitations that | mentioned last Thursday, it would appear our efforts to
conference may not be able to move much further.
As | have said before, you ask for all communications between my office and our clients
elated to you, the goats, and your house in Redding. Because of this, it is our firm belief
that all of these communications are, by their very nature, litigation-related and not
subject to disclosure as attorney-client communications.
Please advise if you have time Thursday or Friday, and/or if you believe further
conferencing will be of use.
" Jonathan
https://mail.aol.com/d/search/keyword=Harding/messages/AEZo-atZIMH6Y 1_-FQBGUOgw3dM
122/11/23, 4:03 PM
Compose
©® Today on AOL
New Mail 5aK,
(Old Mail
Starred
Drafts 465
Sent
Spam
Recently Deleted
« Less
Views Hide
Photos
TB Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts .
FrelinghuysenBirdRe...
Notes.
SavediMs
(57,584 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
© Back @ Gm has BY Move TB Delete spam +++More 4 % X
New
Discovery Follow-Up Aol/Old Mail ty
nancyburtonct@aol.com fER Mon, Oct 31, 2022 at 11:26AM TY
To: jonathan harding@ctgov
Mr. Harding:
This communication regards the Court's "Order Regarding 07/27/2022 368.00 Motion for
Extension of Time Re: Discovery Motion or Request PB CH13* ("Order").
‘As you recall, we engaged in a face-to-face conference on Thursday, October 27, 2022
pursuant to said Order. | engaged in such discussion in good faith.
Tam available after 1 PM today to resume the discussion by telephone, Please advise what
telephone number | may dial to reach you.
Tt would be helpful if you would identify by email in advance of such discussion each and
every one of the objections you have raised, as referenced in the Court's Order as the Order
directs that the parties must discuss each objection separately in good faith.”
Your reliance on a tegal theory that excludes most if not all records sought is obviously in
error because you give the attorney-client privilege and deliberative process privilege
interpretations outside their accepted interpretations.
With regard to your October 27, 2022 email | object to your proposal #1 as itis contrary to
the letter and spirit of the Practice Book provision and the facts of this case.
disagree with your interpretation expressed in #2 and #3 as they are without factual or legal
basis.
Who is "Jerry"?
Nancy Burton
aa oo
Reply, Reply All or Forward
https://mail.aol.com/d/search/keyword=Harding/messages/ACfx8eI8GSiaY 1_okA5QEPrCs3k
Pera 3]
WebsterBank
12/11/23, 4:00 PM
Compose
® Today on AOL
New Mail 58K
Old Mait
Starred
Drafts 465
Sent
Spam
Recently Deleted
+ Less
Views Hide
FA Photos
B Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts Y
FrelinghuysenBirdRe...
Notes
SavedIMs
(87,586 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
@ tome
Keep
© Back ®% A hes BN Move Ti Delete spam +more A X HM EO #
New
Burton v. Mason Discovery Aol/Old Mail ty
nancyburtonct@aol.com FR Thu, Oct 27, 2022 at 2:13 PM YY
To: jonathan harding@ct gov
Good afternoon Mr. Harding:
Further to our discussion this morning , kindly confirm your position
that any investigation(s) by the Department of Agriculture concerning
my goats prior to November 2020 are not within the scope of the
present litigation in State of Connecticut ex rel. Jeremiah Dunn v. 65
Goats et al. and were not discussed with him and kindly set forth all
your claims with regard to all communications between Mr. Dunn and
his attorneys which you claim are exempt from disclosure by virtue of
the attorney-client privilege.
The purpose of this query is to attempt to resolve outstanding
discovery issues in accordance with Judge Bellis' orders.
Thank you for your assistance.
Nancy Burton
a A >
Reply, Reply All or Forward
ah
hitps://mail.aol.com/d/search/keyword=Harding/messages/AFIDIXwiZOorY 1rKXg0ECGys3Rg
Rees > |
WebsterBank
WwCompose
® Today on AOL
New Mail 58K
Old Mail
Starred
Drafts 465
Sent
Spam
Recently Deleted
« Less
Views Hide
BA Photos
IB Documents
> Travel
Folders Hide
+ New Folder
‘Saved Mail
Archive
Drafts 2
FrelinghuysenBirdRe...
Notes
SavediMs
(57,614 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
© Back @\ Gm Was BS Move Hi Delete Spam +++More A ¥ X
New
Re: Burton v. Mason Aol/Sent wy
To: Harding, Jonathan, Nancy Burton
@ nancyburtonct@acl.com wrote:
. Ms. Burton,
Please advise if you intend to conference with us in order to resolve this discovery
issue. If you do not wish to conference on this issue, please let me know so that | may
act accordingly. If this can be resolved, that is great. If not, t will have to seek the
assistance of the court to review your objections and adjudicate their
responses/production.
you have refused to conference on this issue.
Thank you.
1
'
1
|
| If you do not respond to this inquiry | will have no choice but to inform he court that
{
| Jonathan
JONATHAN HARDING
https://mail.aol.com/d/search/keyword=Harding/messages/ACRHz-1 XV85VYzWniwCzsE4icre
By Home
BMEO #
Elevate Your
Home
Connect with our
Design Crew
Shop Now
>
3
-2/11/23, 3:07 PM
Compose
® Today on AOL
New Mail 58K
Old Mail
Starred
Drafts 46S,
Sent
Spam
Recently Deleted
a Less
Views Hide
WY Photos
BB Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts 2
FrelinghuysenBirdRe...
Notes
SavediMs
(57,612 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
€© Back ® A Wes BX Move Bi Delete spam -++More 4% X
New
Teleconference Aol/Sent ty
Rancyburtonct@aol.com f&} Wed, Oct 5, 2022 at 8:01AM YY
To: Jonathan Harding
Mr. Harding:
‘We will have to postpone the teleconference until after the hearing on your motion to terminate
stay due to pressures to comply with Judge Bells’ exhibit order and preparations for the hearing
and potential need to file post-hearing mations addressed to the judge's decision. For now the
earliest clear date I have is October 31. Morning is best. November 1 and 2 are also available.
Sincerely,
Nancy Burton
‘Sent from the all new AOL app for iOS
a GQ Ds
Reply, Reply All or Forward
https://mail.aol.com/d/search/keyword=Harding/messages/ALm9iFszjk1 2Yz1yJwJCIBif-uU
Home
Hm@Ees
&
Ww2/11/23, 3:51 PM
Compose
® Today on AOL
New Mail
Old Mail
Starred
Drafts
Sent
Spam
Recently Deleted
” Less
Views
A Photos
BB Documents
> Travel
Folders
+ New Folder
Saved Mail
Archive
Drafts
58K
465
Hide
Hide
FrelinghuysenBirdRe...
Notes
SavedIMs
(67,594 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Keep
© Back ® mm Bias BE Move fii Delete spam *+More 4 % X
New
Availability for teleconference Aol/Old Mail vy
nancyburtonct@aol.com FER Tue, Oct 18, 2022 at 1:29PM YY
To: jonathanharding@ct.gov, matthewlevine@ctgov
Mr. Harding:
Resuming our communications regarding scheduling a teleconference to discuss the
pending discovery, I cannot at present be certain as to my projected availablity while | awalt
Judge Bellis' decision on the Motion to Terminate Stay. Should her decision be adverse to my
Position, | anticipate responding without delay as a first priority.
However, at the present time, | am available on Friday, October 21 and October 26 and
November 2, 2022, each day at 10 AM.
Please advise.
Nancy Burton
ae
Reply, Reply All or Forward
httpsi//mail.aol.com/d/search/keyword=Harding/messages/AHeUjaxe—QBYO7IY gpoEJC7I_c
& Home
tm FO #
b>
Ww2/11/23, 3:58 PM (87,588 unread) - nancyburtonct@aol.com - AOL Mail
Find messages, documents, photos or peo Advanced v
Home
Keep _
Compose © Back ®{ A mm Wes BY Move if Delete Q spam -++Moe AY X HM BO &
New
® Today on AOL Teleconference Aol/Old Mail Yy b>
New Mail nancyburtonct@aol.com FA Fri, Oct 21, 2022 at ea7 AM YY
ew Mall Sax To: jonathan,harding@ct.gov,
Old Mait NancyBurtonCT@aol.com
Starred Mr. Harding:
| am available for a teleconference on October 25 at 10 AM.
Drafts 465 Kindly confirm your availabilty.
Sent Nancy Burton
Spam
Recently Deleted a4 >
* Less
Views Hide Reply, Reply Alll or Forward
FA Photos
B Documents
> Travel
Folders Hide
+ New Folder
Saved Mail
Archive
Drafts Y
FrelinghuysenBirdRe...
Notes
SavedIMs
https://mail.aol.com/d/search/keyword=Harding/messages/AD-RpgsQQUsTY1 |KU1gVLeBmH3NY
WAall counsel of record as below:
Michael D. Riseberg, Esq.
Christine Parise, Esq:
Daniel B. Stanhill, Esq.
Rubin and Rudman LLP
53 State Street, 15'" Floor
Boston MA 02109
mriseberg@rubinrudman.com
cparise@ribinrudman.com
dstanhill@rubinrudman.com
Matthew Levine, Esq|
Daniel Salton, Esq.
231 Capitol Ave.
Hartford CT 06106
Matthew.Levine@ct.gov
Daniel Salton@ct.gov
James N. Tallberg, Esq.
Kimberly A. Bosse, Esq.
Karsten & Tallberg, LLC
500 Enterprise Drive Suite 4B
Rocky Hill CT 006067
jtallberg@kt-lawfirm.com
kbosse@kt-lawfirm.com
Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Ave.
Hartford CT 06114-1121
pnewbury@hi-law.com
Steven Stafstrom, Esq.
Pullman Comley, LLC
850 Main Street
Bridgeport T 06601
SStafstrom@pullcom.com
CERTIFICATION
This is to certify that a copy of the foregoing was delivered electronically on this date to
Alexander W. Ahrens, Esq.
Melick & Porter, LLP
900 Main Street South
Southbury CT 06488
aahrens@melicklaw.com
Digg
Preview
(X06) UWY-CV-21-5028294-S NANCY BURTON : ‘ SUPERIOR COURT JUDICIAL DISTRICT Vv. OF WATERBURY DAVID PHILIP MASON ETAL. FEBRUARY 14, 2023 PL. N—<——erV—V SON SS SESS SATE PEPENVAN TS’ MOTION FOR ORDER OF AINTIFF’S OBJECTION TO STATE DEFENDANTS’ MOTION FOR ORDER OF COMPLIANCE RE: INTERROGATORIES AND REQUEST FOR PRODUCTION The Plaintiff objects herewith to State Defendants’ Motion for Order of Compliance Re: Interrogatories and Request for Production and the relief sought therein ' (Entry #373.00). On July 1, 2022, State Defendants served a Request for Interrogatories and Request for Production upon Plaintiff. On September 23, 2022, Plaintiff filed responses with respect to certain of such requests and discovery requests and objections as to certain others. There followed a series of email and in-person communications between Plaintiff and State Defendants’ former counsel, Assistant Attorney General Jonathan Harding, regarding scheduling a teleconference or in-person conference between Plaintiff and Mr. Harding to resolve Plaintiff's objections.No fewer than 22 email communications were exchanged between the two in the period of time of September 29, 2022 and November 3, 2022. In all such communications, Plaintiff expressed a willingness to engage in such discussions and provided numerous dates of availability. Mr. Harding, author of the Motion for Compliance, presents no argument nor proof that Plaintiff was unwilling nor unavailable to engage in a good-faith conference pursuant to Practice Book Section 13-(c); therefore, the Court may conclude to the contrary. To the contrary, Plaintiff attaches hereto a series of email communications expressing her willingness and availability for such conference.. Mr. Harding neglects to point out in his Motion for Order of Compliance that he was aware that Plaintiff was under other numerous obligations and deadlines — most particularly concerning the pressures she was under to compile and deliver exhibits in support of her opposition to Mr. Harding’s motion to terminate automatic stay, which Judge Bellis had scheduled for an upcoming hearing. Throughout this period, Plaintiff communicated to Mr. Harding her willingness and availability to engage in such discussion(s). Mr. Harding’s motion requires his submission of a Practice Book Section 13-8(c) affidavit; he did not file the requisite affidavit and therefore his motion is premature; such failure is a sufficient basis for denial of the motion. Further, the Court is justified to conclude that he failed to engage in bona fide attempts to resolve the discovery differences.Resolution would best be achieved if the Court were to set a date by which the parties need engage in a bona fide effort to resolve the discovery differences. THE PLAINTIFF 47 Cross Highway Redding CT 06896 Tel. 203-313-1510 NancyBurtonCT@aol.com2/11/23, 4:07 PM Compose ® Today on AOL New Mail ‘Old Mail Starred Spam Recently Deleted ” Less Views WA Photos RB Documents > Travel Folders + New Folder ‘Saved Mail Archive Drafts 465 Hide Hide FrelinghuysenBirdRe... Notes SavediMs (87,578 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Re: Continuation of Discovery Discussion Aol/Old Mail ¥y nancyburtonct@aol.com wrote: Ms. Burton, You still have not responded to any of my suggestions about parameters or the questions | posed in that regard. | think unless we have a baseline agreement about what the sticking points are, | am not sure how much we can get done. It does not appear your position has changed at all since our discussion last Thursday. Can you at least let me know if you are willing to accept any of the three parameters | mentioned in my last email? Additionally, | do not have facetime from my work computer. Do you have the ability to meet via Microsoft Teams? Jonathan From: nancyburtonct@aol.com Sent: Tuesday, November 1, 2022 12:54 PM To: Harding, Jonathan ; NancyBurtonCT@aol.com 1 Subject: Continuation of Discovery Discussion EXTERNAL EMAIL: This email originated from outside of the organization. Do not click any links. jor open any attachments unless you trust the sender and know the content is safe. ' Mr. Harding: | request that you set aside time tomorrow to continue our discussion regarding . Order #358.10. | am available between 11 AM and 12 noon and 3 to 5. | am available to “attend” the session via Facatime.or in person at a location in New https://mail.aol.com/d/search/keyword=Harding/messages/ACO-GA02Cu5dY2GDxAPCcSNelAIE & Home > Keep © Back Byes BN Move Bi Delete spam +++More ~*~ X HMB O New 12/11/23, 3:15 PM. (57,606 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v QB Home Keep compose © Back A Bias BN Move Bi Delete spam +++More + ~* X HM EO # New @® Today on AOL Re: Teleconference AavSent Yr & nancyburtonct@aol.com fe Thu, Oct 6, 2022 at 222 PM WY New Mail 58K To: Jonathan Harding@ct.gov Old Mail Bee: NancyBurtonCT@aol.com Starred Did you not receive my email with a proposed new date(s) owing to my focus on complying with Judge Bellis' Order #351? Drafts 465 Sent —Original Messago— Spam » From: Harding, Jonathan | To: nancyburtonct@aol.com Recently Deleted | Co: Levine, Matthew | Sent: Thu, Oct 6, 2022 10:44 am © bess Subject: RE: Teleconference Views Hide |, Ms. Burton, WA Photos » Attorney Levine and I called into the conference call at 10:29AM. We waited over ten Bh Documents minutes for your to join us on the call and ended the call at 10:41AM. Unfortunately you chose not to conference with us to resolve this outstanding discovery dispute. Again, | > Travel ' must note that this date was chosen by you because you represented that you were | available, Folders Hide ! * We will have to address this outstanding discovery issue with the Court. You will receive + New Folder ; ur filing shortly. Saved Mail t ‘Thank you Archive | Drafts 3 j Jonathan FrelinghuysenBirdRe... | Notes SavediMs i EF - ' JONATHAN HARDING Assistant Attorney General Office of the Attorney General hitps://mail.aol.com/d/search/keyword=Harding/messages/AMnoRWJ9DKSiY28c4Q5QEFRqHs42/11/23, 4:08 PM Compose @ Today on AOL New Mail sax Old Mail Starred Drafts 465 Sent Spam Recently Deleted * Less Views Hide Photos B Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts FrelinghuysenBirdRe... Notes SavedIMs (67,576 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep _ © Back ® A > Bias BS Move i Delete Spam +++More AY X New Further to our discussion Aol/Old Mail vy nancyburtonct@aol.com EX Thu, Nov 3, 2022 at 7:58AM TY To: jonathan harding@ct.gov, NancyBurtonCT@aol.com Mr. Harding: A major hindrance to our resolution of outstanding discovery issues is what | perceive to be your fundamental misapprehension of the limits of the "attorney-client privilege.” It is far narrower than you represent. See, e.g., Kowalonek v, Bryant Lane, 2999 Conn. Super, LEXIS 957 ("The attorney client privilege applies to communications (1) made by a client (2) to his or her attorney (3) for the purpose of obtaining legal advice (4) with the intent that the communication be kept confidential . . .") In light of this, | call on you to exclude from the universe of your objections to materials you have argued come within the "attorney- client privilege" and identify each such previously-claimed objection and release all requested records that do not come within the above- cited language. Thank you for your assistance. Nancy Burton aa me Reply, Reply All or Forward https://mail.aol.com/d/search/keyword=Harding/messages/AEAIJENwohw2Y20s3ADS8DC5P3A € Home Bm EO & 12/11/23, 4:07 PM Compose ® Today on aot. New Mail 58K Old Mait Starred Drafts 465 Sent Spam Recently Deleted ” Less Views Hide WA Photos BB Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts . FrelinghuysenBirdRe... Notes SavediMs (87,577 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep © Back @& GQ mm Was BY Move Hi Delete Spam +++More 2 ¥ X New RE: Continuation of Discovery Discussion Aol/Old Mail wr t To: nancyburtonct@aol.com Ce: Levine, Matthew @ Harding, Jonathan FR Tue, Nov 1, 2022 at 440 PM TY As | already discussed, | can make time on Thursday or Friday. From: nancyburtonct@aol.com Sent: Tuesday, November 1, 2022 4:38 PM To: Harding, Jonathan ; Nancy Burton Subject: Re: Continuation of Discovery Discussion |EXTERNAL EMAIL: This email originated from outside of the organization. Do not click any links or open any attachments unless you trust the sender and know the content is safe. | As | have indicated | am prepared to hear you out and discuss face-to-face, as per the Order. ‘ You do not seem willing to go with any of my suggestions. | have an important meeting * shortly. | can speak tomorrow at the times previously identified. ‘Sent from the all new AOL app for iOS | 1 | On Tuesday, November 1, 2022, 4:27 PM, Harding, Jonathan | wrote: | Ms. Burton, You stil have not responded to any of my suggestions about parameters or the } questions | posed in that regard, | think unless we have a baseline agreement about what the sticking points are, | am not sure how much we can get done. It does not appear your position has changed at all since our discussion last Thursday. Can you at least let me know if you are willing to accept any of the three parameters | mentioned in mv last email? https://mail.aol.com/d/search/keyword=Harding/messages/AMjGGdUe_1 duY2GEJwBxSFiStyg 6B tome HM@Ee# er) WebsterBank: 22/11/23, 4:06 PM Compose @® Today on AOL New Mail 58K Old Mail Drafts 465 Spam Recently Deleted A Less Views Hide FM Photos 1B Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts . FrelinghuysenBirdRe... Notes SavedIMs (57,579 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced w & Home Keep © Back A Beas BA Move Ti Delete spam +more «A» X EMBO # New Continuation of Discovery Discussion AoV/Old Mail Ye & nancyburtonct@aol.com EA Tue, Nov 1, 2022 at 12:53PM YY To: jonathan.harding@ct.gov, NancyBurtonCT@aol.com Mr. Harding: |! request that you set aside time tomorrow to continue our discussion regarding Order #358.10. tam available between 11 AM and 12 noon and 3 to 5. [am available to “attend” the session via Facetime.or in person at a location in New Haven. Please advise. Nancy Burton a ao Reply, Reply All or Forward https://mail.aol.com/d/search/keyword=Harding/messages/AlgKL9R-eSLCY2FPEAay2GXBMGg 42/11/23, 4:03 PM Compose ® Today on AOL New Mail 58K Old Mail Starred Drafts 465 Sent Spam Recently Deleted A Less Views Hide I Photos B_ Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts FrelinghuysenBirdRe... Notes ‘SavediMs (67,583 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep © Back @®& & mm Wes BE Move Hf Delete Spam +-+More 4 ¥ X New Re: Discovery Follow-Up Aol/Old Mail YY nancyburtonct@aol.com FR Mon, Oct 31, 2022 at 12:55 PM YY To: Jonathan.Harding@ct.gov Mr. Harding: believe the Court set a deadline to conference of November 2, 2022. | am available all day tomorrow as well as later this afteroon. | am completely booked with appointments on November 2. November 3 is outside the deadline. | believe we can make progress if you will review the law of attomey-client privilege and deliberative process privilege. Finally, | request a list of your objections in an email text. | was unable to open your attachment. Naney Burton —Original Message-— From: Harding, Jonathan ‘To: nancyburtonct@aol.com Cc: Levine, Matthew ‘Sent: Mon, Oct 31, 2022 11:36 am Subject: RE: Discovery Follow-Up Ms. Burton, do not have time this afternoon to continue our discussion. Do you have any availability on Thursday or Friday? ‘have repeatedly sent you our objections and other emaila that specifically detail our objections. Please read them. Find our objection attached. Obviously, if you oppose our objections in their entirety and have no interest in considering the limitations that | mentioned last Thursday, it would appear our efforts to conference may not be able to move much further. As | have said before, you ask for all communications between my office and our clients elated to you, the goats, and your house in Redding. Because of this, it is our firm belief that all of these communications are, by their very nature, litigation-related and not subject to disclosure as attorney-client communications. Please advise if you have time Thursday or Friday, and/or if you believe further conferencing will be of use. " Jonathan https://mail.aol.com/d/search/keyword=Harding/messages/AEZo-atZIMH6Y 1_-FQBGUOgw3dM 122/11/23, 4:03 PM Compose ©® Today on AOL New Mail 5aK, (Old Mail Starred Drafts 465 Sent Spam Recently Deleted « Less Views Hide Photos TB Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts . FrelinghuysenBirdRe... Notes. SavediMs (57,584 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep © Back @ Gm has BY Move TB Delete spam +++More 4 % X New Discovery Follow-Up Aol/Old Mail ty nancyburtonct@aol.com fER Mon, Oct 31, 2022 at 11:26AM TY To: jonathan harding@ctgov Mr. Harding: This communication regards the Court's "Order Regarding 07/27/2022 368.00 Motion for Extension of Time Re: Discovery Motion or Request PB CH13* ("Order"). ‘As you recall, we engaged in a face-to-face conference on Thursday, October 27, 2022 pursuant to said Order. | engaged in such discussion in good faith. Tam available after 1 PM today to resume the discussion by telephone, Please advise what telephone number | may dial to reach you. Tt would be helpful if you would identify by email in advance of such discussion each and every one of the objections you have raised, as referenced in the Court's Order as the Order directs that the parties must discuss each objection separately in good faith.” Your reliance on a tegal theory that excludes most if not all records sought is obviously in error because you give the attorney-client privilege and deliberative process privilege interpretations outside their accepted interpretations. With regard to your October 27, 2022 email | object to your proposal #1 as itis contrary to the letter and spirit of the Practice Book provision and the facts of this case. disagree with your interpretation expressed in #2 and #3 as they are without factual or legal basis. Who is "Jerry"? Nancy Burton aa oo Reply, Reply All or Forward https://mail.aol.com/d/search/keyword=Harding/messages/ACfx8eI8GSiaY 1_okA5QEPrCs3k Pera 3] WebsterBank 12/11/23, 4:00 PM Compose ® Today on AOL New Mail 58K Old Mait Starred Drafts 465 Sent Spam Recently Deleted + Less Views Hide FA Photos B Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts Y FrelinghuysenBirdRe... Notes SavedIMs (87,586 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v @ tome Keep © Back ®% A hes BN Move Ti Delete spam +more A X HM EO # New Burton v. Mason Discovery Aol/Old Mail ty nancyburtonct@aol.com FR Thu, Oct 27, 2022 at 2:13 PM YY To: jonathan harding@ct gov Good afternoon Mr. Harding: Further to our discussion this morning , kindly confirm your position that any investigation(s) by the Department of Agriculture concerning my goats prior to November 2020 are not within the scope of the present litigation in State of Connecticut ex rel. Jeremiah Dunn v. 65 Goats et al. and were not discussed with him and kindly set forth all your claims with regard to all communications between Mr. Dunn and his attorneys which you claim are exempt from disclosure by virtue of the attorney-client privilege. The purpose of this query is to attempt to resolve outstanding discovery issues in accordance with Judge Bellis' orders. Thank you for your assistance. Nancy Burton a A > Reply, Reply All or Forward ah hitps://mail.aol.com/d/search/keyword=Harding/messages/AFIDIXwiZOorY 1rKXg0ECGys3Rg Rees > | WebsterBank WwCompose ® Today on AOL New Mail 58K Old Mail Starred Drafts 465 Sent Spam Recently Deleted « Less Views Hide BA Photos IB Documents > Travel Folders Hide + New Folder ‘Saved Mail Archive Drafts 2 FrelinghuysenBirdRe... Notes SavediMs (57,614 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep © Back @\ Gm Was BS Move Hi Delete Spam +++More A ¥ X New Re: Burton v. Mason Aol/Sent wy To: Harding, Jonathan, Nancy Burton @ nancyburtonct@acl.com wrote: . Ms. Burton, Please advise if you intend to conference with us in order to resolve this discovery issue. If you do not wish to conference on this issue, please let me know so that | may act accordingly. If this can be resolved, that is great. If not, t will have to seek the assistance of the court to review your objections and adjudicate their responses/production. you have refused to conference on this issue. Thank you. 1 ' 1 | | If you do not respond to this inquiry | will have no choice but to inform he court that { | Jonathan JONATHAN HARDING https://mail.aol.com/d/search/keyword=Harding/messages/ACRHz-1 XV85VYzWniwCzsE4icre By Home BMEO # Elevate Your Home Connect with our Design Crew Shop Now > 3 -2/11/23, 3:07 PM Compose ® Today on AOL New Mail 58K Old Mail Starred Drafts 46S, Sent Spam Recently Deleted a Less Views Hide WY Photos BB Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts 2 FrelinghuysenBirdRe... Notes SavediMs (57,612 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep €© Back ® A Wes BX Move Bi Delete spam -++More 4% X New Teleconference Aol/Sent ty Rancyburtonct@aol.com f&} Wed, Oct 5, 2022 at 8:01AM YY To: Jonathan Harding Mr. Harding: ‘We will have to postpone the teleconference until after the hearing on your motion to terminate stay due to pressures to comply with Judge Bells’ exhibit order and preparations for the hearing and potential need to file post-hearing mations addressed to the judge's decision. For now the earliest clear date I have is October 31. Morning is best. November 1 and 2 are also available. Sincerely, Nancy Burton ‘Sent from the all new AOL app for iOS a GQ Ds Reply, Reply All or Forward https://mail.aol.com/d/search/keyword=Harding/messages/ALm9iFszjk1 2Yz1yJwJCIBif-uU Home Hm@Ees & Ww2/11/23, 3:51 PM Compose ® Today on AOL New Mail Old Mail Starred Drafts Sent Spam Recently Deleted ” Less Views A Photos BB Documents > Travel Folders + New Folder Saved Mail Archive Drafts 58K 465 Hide Hide FrelinghuysenBirdRe... Notes SavedIMs (67,594 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Keep © Back ® mm Bias BE Move fii Delete spam *+More 4 % X New Availability for teleconference Aol/Old Mail vy nancyburtonct@aol.com FER Tue, Oct 18, 2022 at 1:29PM YY To: jonathanharding@ct.gov, matthewlevine@ctgov Mr. Harding: Resuming our communications regarding scheduling a teleconference to discuss the pending discovery, I cannot at present be certain as to my projected availablity while | awalt Judge Bellis' decision on the Motion to Terminate Stay. Should her decision be adverse to my Position, | anticipate responding without delay as a first priority. However, at the present time, | am available on Friday, October 21 and October 26 and November 2, 2022, each day at 10 AM. Please advise. Nancy Burton ae Reply, Reply All or Forward httpsi//mail.aol.com/d/search/keyword=Harding/messages/AHeUjaxe—QBYO7IY gpoEJC7I_c & Home tm FO # b> Ww2/11/23, 3:58 PM (87,588 unread) - nancyburtonct@aol.com - AOL Mail Find messages, documents, photos or peo Advanced v Home Keep _ Compose © Back ®{ A mm Wes BY Move if Delete Q spam -++Moe AY X HM BO & New ® Today on AOL Teleconference Aol/Old Mail Yy b> New Mail nancyburtonct@aol.com FA Fri, Oct 21, 2022 at ea7 AM YY ew Mall Sax To: jonathan,harding@ct.gov, Old Mait NancyBurtonCT@aol.com Starred Mr. Harding: | am available for a teleconference on October 25 at 10 AM. Drafts 465 Kindly confirm your availabilty. Sent Nancy Burton Spam Recently Deleted a4 > * Less Views Hide Reply, Reply Alll or Forward FA Photos B Documents > Travel Folders Hide + New Folder Saved Mail Archive Drafts Y FrelinghuysenBirdRe... Notes SavedIMs https://mail.aol.com/d/search/keyword=Harding/messages/AD-RpgsQQUsTY1 |KU1gVLeBmH3NY WAall counsel of record as below: Michael D. Riseberg, Esq. Christine Parise, Esq: Daniel B. Stanhill, Esq. Rubin and Rudman LLP 53 State Street, 15'" Floor Boston MA 02109 mriseberg@rubinrudman.com cparise@ribinrudman.com dstanhill@rubinrudman.com Matthew Levine, Esq| Daniel Salton, Esq. 231 Capitol Ave. Hartford CT 06106 Matthew.Levine@ct.gov Daniel Salton@ct.gov James N. Tallberg, Esq. Kimberly A. Bosse, Esq. Karsten & Tallberg, LLC 500 Enterprise Drive Suite 4B Rocky Hill CT 006067 jtallberg@kt-lawfirm.com kbosse@kt-lawfirm.com Philip T. Newbury, Jr., Esq. Howd & Ludorf, LLC 65 Wethersfield Ave. Hartford CT 06114-1121 pnewbury@hi-law.com Steven Stafstrom, Esq. Pullman Comley, LLC 850 Main Street Bridgeport T 06601 SStafstrom@pullcom.com CERTIFICATION This is to certify that a copy of the foregoing was delivered electronically on this date to Alexander W. Ahrens, Esq. Melick & Porter, LLP 900 Main Street South Southbury CT 06488 aahrens@melicklaw.com Digg