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DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT
NANCY BURTON : COMPLEX LITIGATION DOCKET
vs. : AT WATERBURY
DAVID PHILIP MASON, ET AL. : MARCH 23, 2023
REDDING DEFENDANTS’ MOTION TO MODIFY THE SCHEDULING ORDER
Pursuant to Practice Book § 10-49, defendants Town of Redding, First Selectman Julia
Pemberton, and Chief Mark O’Donnell (collectively, the “Redding Defendants” or “these defendants”)
hereby move this Court for a modification of the operative scheduling order now that the parties’ efforts
to bring the pleadings to a close are nearing completion. Specifically, the Redding Defendants – as the
only remaining party defendants in the action – request a six (6) month extension of all remaining
deadlines in order to provide both the pro se plaintiff and these defendants sufficient time to complete
discovery and file dispositive motions. Due to the inordinate amount of time the Court and the parties
have dedicated to streamlining the claims and issues in this case, a six (6) month modification of the
remaining deadlines is appropriate.
As it currently stands, the operative scheduling order – adopted by the Court on January 13,
2022, shortly after this matter’s transfer to the complex litigation docket – provides that all depositions
are to be concluded by April 1, 2023; dispositive motions are to be filed by May 1, 2023; and jury
selection will begin on January 2, 2024 [Docket Entry (“DE”) 284.00]. This scheduling order has not
been modified or extended since its adoption, notwithstanding that it set the deadline to close pleadings
on December 1, 2022. As this Court is well aware, the pleadings remain open and plaintiff has mounted
1
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
challenges to the dismissed defendants’ granted motions for judgment as recently as March 10, 2023
[DE 415.00]. Accordingly, and because plaintiff’s prolific filings, in addition to the stay of discovery
during the pendency of certain special motions to dismiss under Conn. Gen. Stat. § 52-196a, have
contributed significantly to the delays encountered in litigating this matter, a six (6) month extension of
the remaining discovery, dispositive motion, and trial dates would not unduly prejudice any party;
rather, both sides will necessarily benefit from additional time to formulate their theories of this case
once the scope of discovery is finally crystalized through the closing of the pleadings.
To date, the Redding Defendants timely served written discovery on plaintiff [DE 352.00], with
which she complied on or about January 10, 2023. Plaintiff did not timely serve written discovery on
any of the Redding Defendants, and is now precluded from so doing as the deadline for exchanging
written discovery requests expired on July 1, 2022 [DE 284.00]. Only two depositions have occurred in
this matter, both noticed and conducted by plaintiff in late March and early April 2022. Neither of those
depositions contribute to the factual development of this matter as related to the remaining legal claims,
as the party and State fact witness deposed are no longer in this case. See DE 404.00 (dismissing all
claims against State Defendants after plaintiff failed to replead in accordance with Practice Book rules).
Plaintiff has not yet been deposed because, until the granting of the other defendants’ motions for
judgment [DEs 399.20, 403.20], the scope of the narrowed claims and issues was unsettled; thus, to
proceed with plaintiff’s deposition or other time-consuming discovery proceedings without a reasonable
idea as to how detailed any such proceedings must be would necessarily have resulted in a waste of
judicial and party resources. Now that this ambiguity has mostly been resolved and the Redding
Defendants have answered and asserted affirmative defenses [DE 405.00], a modification of the
2
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
scheduling order as proposed herein will serve to facilitate this matter’s conclusion through the filing of
substantive motions for summary judgment on the remaining claims against them.
In sum, to ensure the parties have adequate time to complete outstanding depositions, including
that of plaintiff, and to prepare dispositive motions, the Redding Defendants request an extension of the
remaining scheduling order deadlines by six (6) months. There is good cause to request this
modification because, as of the date of this motion’s filing, pleadings remain open, which has
continuously complicated the parties’ ability to know the full nature and scope of the issues to be
explored at plaintiff’s deposition, and addressed at summary judgment.
And, given the significant impact to normal court operations and the Court’s backlog of cases in
line for a jury trial, a modification of the scheduling order deadlines by an additional six (6) months will
not result in prejudice to either of the parties. Accordingly, the Redding Defendants request an
extension of all remaining scheduling order deadlines by six (6) months, as reflected in the proposed
modified scheduling order, attached hereto as Exhibit A.
On March 20, 2023, the undersigned contacted counsel for the other named defendants and the
pro se plaintiff to ascertain their position on this motion. Counsel for all co-defendants each indicated
their written consent to the proposed modification. Plaintiff has indicated that she does not consent.
WHEREFORE, defendants Town of Redding, First Selectman Julia Pemberton, and Chief Mark
O’Donnell respectfully request that the Court grant this motion and modify the scheduling order as more
fully set forth above and in Exhibit A.
3
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
THE DEFENDANTS,
TOWN OF REDDING, JULIA PEMBERTON
AND MARK O’DONNELL
BY/ss/ James N. Tallberg
James N. Tallberg
Kimberly A. Bosse
Karsten & Tallberg, LLC
500 Enterprise Dr., Suite 4B
Rocky Hill, CT 06067
T: (860)233-5600
F: (860)233-5800
jtallberg@kt-lawfirm.com
kbosse@kt-lawfirm.com
4
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
CERTIFICATION
This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book
§ 10-13 on March 23, 2023, to the following counsel of record:
Nancy Burton, Pro Se Michael D. Riseberg, Esq.
154 Highland Avenue David. B. Stanhill, Esq.
Rowayton, CT 06853 Christine N. Parise, Esq.
(203) 313-1510 53 State Street
NancyBurtonCT@aol.com Boston, MA 02109
(667) 330-7102
mriseberg@rubinrudman.com
dstanhill@rubinrudman.com
cparise@rubinrudman.com
Daniel Salton, Esq.
Matthew Levine, Esq.
Carole Briggs, Esq. Steve Stafstrom, Esq.
AG-Environmental Pullman & Comley, LLC
165 Capitol Avenue, 5th Floor 850 Main Street, P.O. Box 7006
Hartford, CT 06106 Bridgeport, CT 06601
(860) 808-5172 sstafstrom@pullcom.com
Daniel.Salton@ct.gov
Matthew.Levine@ct.gov
Carole.Briggs@ct.gov
Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114
(860) 249-1361
pnewbury@hl-law.com
BY /ss/Kimberly A. Bosse
Kimberly A. Bosse
5
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
EXHIBIT A
CERTIFICATION
This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book
§ 10-13 on March 23, 2023, to the following counsel of record:
Nancy Burton, Pro Se Michael D. Riseberg, Esq.
154 Highland Avenue David. B. Stanhill, Esq.
Rowayton, CT 06853 Christine N. Parise, Esq.
(203) 313-1510 53 State Street
NancyBurtonCT@aol.com Boston, MA 02109
(667) 330-7102
mriseberg@rubinrudman.com
dstanhill@rubinrudman.com
cparise@rubinrudman.com
Daniel Salton, Esq.
Matthew Levine, Esq.
Carole Briggs, Esq. Steve Stafstrom, Esq.
AG-Environmental Pullman & Comley, LLC
165 Capitol Avenue, 5th Floor 850 Main Street, P.O. Box 7006
Hartford, CT 06106 Bridgeport, CT 06601
(860) 808-5172 sstafstrom@pullcom.com
Daniel.Salton@ct.gov
Matthew.Levine@ct.gov
Carole.Briggs@ct.gov
Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114
(860) 249-1361
pnewbury@hl-law.com
BY /ss/Kimberly A. Bosse
Kimberly A. Bosse
1
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
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DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT NANCY BURTON : COMPLEX LITIGATION DOCKET vs. : AT WATERBURY DAVID PHILIP MASON, ET AL. : MARCH 23, 2023 REDDING DEFENDANTS’ MOTION TO MODIFY THE SCHEDULING ORDER Pursuant to Practice Book § 10-49, defendants Town of Redding, First Selectman Julia Pemberton, and Chief Mark O’Donnell (collectively, the “Redding Defendants” or “these defendants”) hereby move this Court for a modification of the operative scheduling order now that the parties’ efforts to bring the pleadings to a close are nearing completion. Specifically, the Redding Defendants – as the only remaining party defendants in the action – request a six (6) month extension of all remaining deadlines in order to provide both the pro se plaintiff and these defendants sufficient time to complete discovery and file dispositive motions. Due to the inordinate amount of time the Court and the parties have dedicated to streamlining the claims and issues in this case, a six (6) month modification of the remaining deadlines is appropriate. As it currently stands, the operative scheduling order – adopted by the Court on January 13, 2022, shortly after this matter’s transfer to the complex litigation docket – provides that all depositions are to be concluded by April 1, 2023; dispositive motions are to be filed by May 1, 2023; and jury selection will begin on January 2, 2024 [Docket Entry (“DE”) 284.00]. This scheduling order has not been modified or extended since its adoption, notwithstanding that it set the deadline to close pleadings on December 1, 2022. As this Court is well aware, the pleadings remain open and plaintiff has mounted 1 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 challenges to the dismissed defendants’ granted motions for judgment as recently as March 10, 2023 [DE 415.00]. Accordingly, and because plaintiff’s prolific filings, in addition to the stay of discovery during the pendency of certain special motions to dismiss under Conn. Gen. Stat. § 52-196a, have contributed significantly to the delays encountered in litigating this matter, a six (6) month extension of the remaining discovery, dispositive motion, and trial dates would not unduly prejudice any party; rather, both sides will necessarily benefit from additional time to formulate their theories of this case once the scope of discovery is finally crystalized through the closing of the pleadings. To date, the Redding Defendants timely served written discovery on plaintiff [DE 352.00], with which she complied on or about January 10, 2023. Plaintiff did not timely serve written discovery on any of the Redding Defendants, and is now precluded from so doing as the deadline for exchanging written discovery requests expired on July 1, 2022 [DE 284.00]. Only two depositions have occurred in this matter, both noticed and conducted by plaintiff in late March and early April 2022. Neither of those depositions contribute to the factual development of this matter as related to the remaining legal claims, as the party and State fact witness deposed are no longer in this case. See DE 404.00 (dismissing all claims against State Defendants after plaintiff failed to replead in accordance with Practice Book rules). Plaintiff has not yet been deposed because, until the granting of the other defendants’ motions for judgment [DEs 399.20, 403.20], the scope of the narrowed claims and issues was unsettled; thus, to proceed with plaintiff’s deposition or other time-consuming discovery proceedings without a reasonable idea as to how detailed any such proceedings must be would necessarily have resulted in a waste of judicial and party resources. Now that this ambiguity has mostly been resolved and the Redding Defendants have answered and asserted affirmative defenses [DE 405.00], a modification of the 2 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 scheduling order as proposed herein will serve to facilitate this matter’s conclusion through the filing of substantive motions for summary judgment on the remaining claims against them. In sum, to ensure the parties have adequate time to complete outstanding depositions, including that of plaintiff, and to prepare dispositive motions, the Redding Defendants request an extension of the remaining scheduling order deadlines by six (6) months. There is good cause to request this modification because, as of the date of this motion’s filing, pleadings remain open, which has continuously complicated the parties’ ability to know the full nature and scope of the issues to be explored at plaintiff’s deposition, and addressed at summary judgment. And, given the significant impact to normal court operations and the Court’s backlog of cases in line for a jury trial, a modification of the scheduling order deadlines by an additional six (6) months will not result in prejudice to either of the parties. Accordingly, the Redding Defendants request an extension of all remaining scheduling order deadlines by six (6) months, as reflected in the proposed modified scheduling order, attached hereto as Exhibit A. On March 20, 2023, the undersigned contacted counsel for the other named defendants and the pro se plaintiff to ascertain their position on this motion. Counsel for all co-defendants each indicated their written consent to the proposed modification. Plaintiff has indicated that she does not consent. WHEREFORE, defendants Town of Redding, First Selectman Julia Pemberton, and Chief Mark O’Donnell respectfully request that the Court grant this motion and modify the scheduling order as more fully set forth above and in Exhibit A. 3 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 THE DEFENDANTS, TOWN OF REDDING, JULIA PEMBERTON AND MARK O’DONNELL BY/ss/ James N. Tallberg James N. Tallberg Kimberly A. Bosse Karsten & Tallberg, LLC 500 Enterprise Dr., Suite 4B Rocky Hill, CT 06067 T: (860)233-5600 F: (860)233-5800 jtallberg@kt-lawfirm.com kbosse@kt-lawfirm.com 4 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 CERTIFICATION This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book § 10-13 on March 23, 2023, to the following counsel of record: Nancy Burton, Pro Se Michael D. Riseberg, Esq. 154 Highland Avenue David. B. Stanhill, Esq. Rowayton, CT 06853 Christine N. Parise, Esq. (203) 313-1510 53 State Street NancyBurtonCT@aol.com Boston, MA 02109 (667) 330-7102 mriseberg@rubinrudman.com dstanhill@rubinrudman.com cparise@rubinrudman.com Daniel Salton, Esq. Matthew Levine, Esq. Carole Briggs, Esq. Steve Stafstrom, Esq. AG-Environmental Pullman & Comley, LLC 165 Capitol Avenue, 5th Floor 850 Main Street, P.O. Box 7006 Hartford, CT 06106 Bridgeport, CT 06601 (860) 808-5172 sstafstrom@pullcom.com Daniel.Salton@ct.gov Matthew.Levine@ct.gov Carole.Briggs@ct.gov Philip T. Newbury, Jr., Esq. Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 pnewbury@hl-law.com BY /ss/Kimberly A. Bosse Kimberly A. Bosse 5 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 EXHIBIT A CERTIFICATION This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book § 10-13 on March 23, 2023, to the following counsel of record: Nancy Burton, Pro Se Michael D. Riseberg, Esq. 154 Highland Avenue David. B. Stanhill, Esq. Rowayton, CT 06853 Christine N. Parise, Esq. (203) 313-1510 53 State Street NancyBurtonCT@aol.com Boston, MA 02109 (667) 330-7102 mriseberg@rubinrudman.com dstanhill@rubinrudman.com cparise@rubinrudman.com Daniel Salton, Esq. Matthew Levine, Esq. Carole Briggs, Esq. Steve Stafstrom, Esq. AG-Environmental Pullman & Comley, LLC 165 Capitol Avenue, 5th Floor 850 Main Street, P.O. Box 7006 Hartford, CT 06106 Bridgeport, CT 06601 (860) 808-5172 sstafstrom@pullcom.com Daniel.Salton@ct.gov Matthew.Levine@ct.gov Carole.Briggs@ct.gov Philip T. Newbury, Jr., Esq. Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 pnewbury@hl-law.com BY /ss/Kimberly A. Bosse Kimberly A. Bosse 1 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030