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  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
  • RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et AlM90 - Misc - All other document preview
						
                                

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DOCKET NO. XO3-HHD-CV17-6088349-S SUPERIOR COURT JACQUELINE RODRIGUEZ, J.D. OF HARTFORD INDIVIDUALLY ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AT HARTFORD VS. KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS MAY 25, 2023 DEFENDANTS’ NOTICE OF COMPLIANCE WITH PRACTICE BOOK SECTION 3-10 The undersigned, in accordance with Practice Book Section 3-10, hereby submits the attached Notice, which has been served on Defendants by email and regular mail. DEFENDANTS, KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS By: /s/ Eliot B. Gersten James T. Shearin Ryan A. O’Donnell Eliot B. Gersten Dana Hrelic Melinda Kaufmann Pullman & Comley, LLC 90 State House Square Hartford, CT 06103 Tel: (860) 424-4300 Fax: (860) 424-4370 jtshearin@pullcom.com Juris No. 409177 By: /s/ Joanna Zelman Joanna Zelman Ford & Harrison, LLP CityPlace II, Suite 820 185 Asylum Street Hartford, CT 06103 Tel: (860) 740-1355 Fax: (860) 578-2075 CERTIFICATION I hereby certify that a copy of the above was or will immediately be mailed or delivered electronically or non-electronically on May 25, 2023, to all counsel and self- represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were or will immediately be electronically served. Richard E. Hayber, Esq. Hayber, Mckenna & Dinsmore, LLC 750 Main Street, Suite 904 Hartford, CT 06103 rhayber@hayberlawfirm.com And by regular mail and email to: And to the representative of the Defendants: Konstantina Bajko 224 Argyle Road Orange, CT 06477 dinab.chips@gmail.com And her counsel: Dana Freedman, Esq. Harlow, Adams & Friedman, PC One New Haven Avenue Suite 100 Milford, CT 06460 def@quidproquo.com /s/ James T. Shearin James T. Shearin DOCKET NO. XO3-HHD-CV17-6088349-S SUPERIOR COURT JACQUELINE RODRIGUEZ, J.D. OF HARTFORD INDIVIDUALLY ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AT HARTFORD VS. KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS MAY 25, 2023 NOTICE TO DEFENDANTS PULLMAN & COMLEY FILED THE ATTACHED MOTION TO WITHDRAW (EXHIBIT A) WHICH SEEKS THE COURT’S PERMISSION TO NO LONGER REPRESENT KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS. THE MOTION TO WITHDRAW WILL BE HEARD BY THE COURT ON KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS MAY APPEAR IN COURT THAT DATE AND ADDRESS THE COURT CONCERNING THE MOTION TO WITHDRAW — PLEASE NOTE: THE HEARING WILL BE REMOTE. THE NOTICE IS ATTACHED (EXHIBIT B). WE WILL PROVIDED YOU WITH THE LINK BY THE COURT CLERK VIA EMAIL. IF THE MOTION TO WITHDRAW IS GRANTED, KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS SHOULD OBTAIN OTHER COUNSEL MS. BAJKO MAY ALSO FILE AN APPEARANCE WITH THE COURT ON HER OWN INDIVIDUAL BEHALF. KAIAFFA, LLC MAY NOT FILE AN APPEARANCE EXCEPT THROUGH AN ATTORNEY. IF KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS DO NOT RETAIN REPLACEMENT COUNSEL OR, IN THE CASE OF MS. BAJKO, FILE APPEARANCE ON HER OWN INDIVIDUAL BEHALF, KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS WILL NOT RECEIVE NOTICE OF THE COURT PROCEEDINGS IN THE CASE AND A NONSUIT OR DEFAULT JUDGMENT MAY BE RENDERED AGAINST KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS. EXHIBIT A DOCKET NO. XO3-HHD-CV17-6088349-S SUPERIOR COURT JACQUELINE RODRIGUEZ, J.D. OF HARTFORD INDIVIDUALLY ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AT HARTFORD VS. KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS MAY 19, 2023 DEFENDANTS’ MOTION TO WITHDRAW APPEARANCE The undersigned hereby requests to move the Court to permit to withdrawal of their appearance with permission of their clients, KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS AND, KONSTANTTINA BAJKO, EXECUTRIX, FOR THE ESTE OF GEORGE CHATZOPOULUS. In further support of this motion, Defendants have attached the affidavit of Konstantina Bajko (“Affidavit”). As the Court knows, this is one of several actions pending before the Court involving a claim that the Defendants failed to comply with Connecticut’s wage tipping statutes. The Court has certified the class of Plaintiffs and entered a summary judgment against the Defendants. Trial is currently scheduled for June 6, 2023. As this Court is also aware, the individual Defendant, George Chatzopoulous, died on January 10, 2022. Konstantina Bajko was appointed as executor of Mr. Chatzopoulous’ estate. See Affidavit at § 1. Ms. Bajko is also authorized to speak on behalf of Kaiaffa LLC. Id at § 2. Defendants have consented to the withdrawal of the undersigned due to their inability to continue to fund the litigation. Id at | 3. They further represent to the Court that they prepared to allow a judgment to enter against them without contesting the amount of said judgment, reserving all rights as to ability of Plaintiffto enforce that judgment. Id at 4-6. Accordingly, the undersigned request they be permitted to withdraw their appearance, with consent of their client. DEFENDANTS, KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS By: /s/ James T. Shearin James T. Shearin Ryan A. O’Donnell Eliot B. Gersten Dana Hrelic Melinda Kaufmann Pullman & Comley, LLC 90 State House Square Hartford, CT 06103 Tel: (860) 424-4300 Fax: (860) 424-4370 jtshearin@pullcom.com Juris No. 409177 Ford & Harrison, LLP CityPlace II, Suite 820 185 Asylum Street Hartford, CT 06103 Tel: (860) 740-1355 Fax: (860) 578-2075 CERTIFICATION I hereby certify that a copy of the above was or will immediately be mailed or delivered electronically or non-electronically on May 19, 2023, to all counsel and self- represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were or will immediately be electronically served. Richard E. Hayber, Esq. Hayber, Mckenna & Dinsmore, LLC 750 Main Street, Suite 904 Hartford, CT 06103 rhayber@hayberlawfirm.com And to the representative of the Defendants: Konstantina Bajko 224 Argyle Road Orange, CT 06477 And her counsel: Dana Freedman, Esq. Harlow, Adams & Friedman, PC One New Haven Avenue Suite 100 Milford, CT 06460 /s/ James T. Shearin James T. Shearin ACTIVE/82491.1/PRULEWICZ/11077553v1 DOCKET NO. X03-HHD-CV 17-6088349-S SUPERIOR COURT JACQUELINE RODRIGUEZ, J.D. OF HARTFORD INDIVIDUALLY ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AT HARTFORD VS. KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND KONSTANTINA BAJKO, EXECUTRIX FOR THE ESTATE OF GEORGE CHATZOPOULOUS may |4, 2023 AFFIDAVIT OF KONSTANTINA BAJKO I am the duly appointed executor of the Estate of George Chatzopoulous. Tn that capacity, I am authorized to speak on behalf of Kaiaffa, LLC. I requested and consent to the withdrawal of all counsel in the action entitled Rodriguez v. Kaiaffa, LLC, et al. Neither the Estate nor Kaiaffa, LLC are able to continue funding the litigation. Tam aware that this Court already determined that Defendants are liable to the Plaintiff class; that on May 18, 2023, the Plaintiff class filed a motion for judgment seeking total damages of $1.658 million award; and that this Court might enter a judgment against Defendants. I am also aware that the Court has scheduled a hearing in this matter for June 6, 2023, at which time it will determine the damages to which Plaintiffs certified class should be awarded. I have secured the necessary Probate Court approval and represent to the Court that the Defendants are prepared to allow that potential judgment to enter without contesting the amount, reserving the Defendants’ rights as to Plaintiff's ability to enforce her judgment. Feafo Korfstantina Bajko State of Connecticut ) ) Ss. Milford County of New Haven ) Personally appeared before me on May 19, 2023 Konstantina Bajko, who subscribed and swore to the truth of the foregoing and acknowledged the same to be her free act and deed. awa S.Clublo My Commission Expires ‘4|30]203-1 ACTIVE/82491.1/RODONNELL/11078088v1 EXHIBIT B JDNO NOTICE HHD-CV-17-6088349-S RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et Al Notice Issued: 05/23/2023 Court Address: CLERK, SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD 95 WASHINGTON STREET HARTFORD, CT 06106 Notice Content: Notice Issued: 05/23/2023 Docket Number: HHD-CV-17-6088349-S Case Caption: RODRIGUEZ, JACQUELINE v. KAIAFFA, LLC D/B/A CHIPS FAMILY RESTAURANTS Et Al Notice Sequence #: 1 JDNO NOTICE A remote video hearing on the record on MOTION NO. 255 has been scheduled on June 1, 2023, at 10am. DO NOT COME TO COURT ON THIS DATE. All appearing counsel and self-represented parties are required to participate. Parties are ordered to confer and PLAINTIFF'S COUNSEL is ORDERED to send ONE e-mail containing the names, phone numbers and current e-mail addresses for ALL participating attorneys and self-represented parties to the Court Officer (alyssa.crooks@jud.ct.gov), copied to all counsel and self-represented parties, at least three (3) court days before the date of the hearing. Instructions for connecting to the hearing will be emailed to you before 5:00 p.m. the day before the hearing. Please make sure that your email references the docket number of the case. The parties shall comply with the procedures outlined in the Connecticut Guide to Remote Hearings, including those relating to documents and evidence. The Guide is available at: https://jud.ct.gov/HomePDFs/ConnecticutGuideRemoteHearings.pdf ‘The court may enter sanctions if counsel or an unexcused party fails to participate in the hearing. If you are unable to participate remotely by video using a smart phone, tablet, or computer, please contact the undersigned immediately to discuss what other options may be available. By Order of the Court. Hon. CesarA. Noble, Judge All questions regarding the hearing should be directed to Alyssa Crooks (alyssa.crooks@jud.ct.gov) or Abby Bowker (abby.bowker@jud.ct.gov).