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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(EXHIBIT A) WHICH SEEKS THE COURT’S PERMISSION TO NO LONGER
REPRESENT KAIAFFA, LLC D/B/A CHIP’S FAMILY RESTAURANTS AND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).