Motion-Secondary: BURTON,NANCY v. MASON,DAVID PHILIP

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                                X06-UWY-CV-21-5028294 S
NANCY BURTON                                       SUPERIOR COURT
          V.                                       JUDICIAL DISTRICT OF
                                                   WATERBURY
DAVID PHILIP MASON
 ETAL.                                             MARCH 27, 2023


  PLAINTIFF’S MOTION TO FILE OBJECTION TO CARMODY/GIBBONS MOTION
 FOR JUDGMENT AS TO STRICKEN COUNTS (ENTRY #399.00) NUNC PRO TUNC


    Plaintiff moves for leave nunc pro tunc to object further herewith to Defendants
Carmody and Gibbons’ Motion for Judgment as to Stricken Counts (Entry #399.00)
dated January 12, 2023, in addition to her motion (Entry #415.00) dated March 10,
2023.
   Practice Book Section 10-44 provides in pertinent part as follows:
    “Within fifteen days after granting of any motion to strike, the party whose pleading
has been stricken may file a new pleading, provided that in those instances where an
entire complaint, counterclaim or cross complaint has been stricken and the party
whose pleading or a or a count thereof has been stricken fails to file a new pleading
within the fifteen day period the judicial authority may, upon motion, enter judgment
against said party on said stricken complaint, counterclaim or cross complaint or count
thereof.
   “Any new pleading filed pursuant to this section shall be accompanied by a separate
document which shows the differences between the previous pleading and the new
pleading by using underlining to indicate new language and by using either brackets or
strikethrough to indicate deleted language.
   As a simple matter of statutory construction, Section 10-44 allows the Court to, “upon
motion, enter judgment against said party on said stricken complaint, counterclaim or
cross complaint or count thereof” but only if the party whose pleading or a count
thereof has been stricken fails to file a new pleading within that fifteen day period.
   Additionally, Section 10-44 provides the Court with discretion to grant or deny such
motion.
   Here, it is undisputed that Plaintiff filed a substitute pleading within the fifteen-day
period.
And while Section 10-44 provides that the new pleading “shall be accompanied” by
the aforesaid bracketing and underlining, it does not mandate that such bracketing and
underlining be marked simultaneously with the substitute pleading. Here, the
bracketed and underlined passages were filed before the Court granted the motion for
judgment. See Entry Nos.400.00, 401.00, 402.00. When filed, there is no question that
they accompanied the new pleading}
    A draconian dismissal for failure to replead within 15 days is expressly not allowed
for a separate failure to bracket and underline the substitute pleading.


                                          THE PLAINTIFF
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                                                  ss Highway
                                          Redding CT 06896
                                          Tel. 203-313-1510
                                          NancyBurtonCT@aol.com
CERTIFICATION
This is to certify that a copy of the foregoing was delivered electronically on March 27,
2023 to all counsel of record as below:

Michael D. Riseberg, Esq.
Christine N. Parise, Esq.
Daniel B. Stanhill, Esq. Rubin and Rudman LLP
53 State Street, 15!" Floor
Boston MA 02109
Tel. 617-330-7000
mriseberg@rubinrudman.com
Cpariser ribinrudman.com
dstanhill@rubinrudman.com

Matthew Levine, Esq.
Jonathan Harding, Esq.
231 Capitol Ave.
Hartford CT 06106
Matthew.Levine@ct.gov
Jonathan.Harding@ct.gov

James N. Tallberg, Esq.
Kimberly A. Bosse, Esq.
Karsten & Tallberg, LLC
500 Enterprise Drive Suite 4B
Rocky Hill CT 006067
Tel. 860-233-5600
jtallberg@kt-lawfirm.com
kbosse@kt-lawfirm.com

Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Ave.
Hartford CT 06114-1121
Tel. 860-249-1361
pnewbury@hl-law.com

Steven Stafstrom, Esq.                    Alexander W. Ahrens, Esq
Pullman Comley, LLC                       Melick & Porter, LLP
850 Main Street                           900 Main Street South
Bridgeport T 06601                        Southbury CT 06488
SStafstrom@pullcom.com                    aahrens@melicklaw.com
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