Preview
2039467942 CITY OF NEW HAVEN, 04:30:
10 p.m. 10-06-2023 3/7
NO. NNH-CV23-6130341-S SUPERIOR COURT
NEFTAL! GOMEZ d. D. OF NEW HAVEN
Vv AT NEW HAVEN
NEW HAVEN SOLID WASTE & OCTOBER 6, 2023
RECYCLING AUTHORITY
MOTION TO INTERVENE
The undersigned petitioner, the City of New Haven, hereby moves pursuant to
Connecticut General Statutes Section 31-293, to intervene as a party-plaintiff in the above-
captioned matter. In support of its motion, petitioner represents that
1 At all relevant times, petitioner was the employer of the plaintiff, Neftali
Gomez, in this action within the meaning of the Workers' Compensation Act, Connecticut
General Statutes, Section 31-275, et seq.
2. The injuries described in the plaintiff's complaint arose out of and in the
course of his employment with petitioner.
3 Petitioner has paid the plaintiff compensation under the Workers’
Compensation Act, Connecticut General Statutes Section 31-275, et seq. and will be
obligated in the future for the injuries described in his complaint
ORAL ARGUMENT IS NOT REQUESTED
TESTIMONY IS NOT REQUIRED
Judicial
NewHa
SUPERIOR COUR’
FILE;
OFFICE or SH HS OREHiggsie
L AYN
165 Church Street,
Telephone (203) 946-7958 « Facsimile (203) se7942» Juris No. 042715
(GB
2039467942 CITY OF NEW HAVEN 04:30:50 p.m. 10-06-2023 4/7
4 As of the date of the filing of this motion, the plaintiff, Neftali Gomez has
received the following in Workers! Compensation Benefits: $9,320.47 in medical and
indemnity.
5 The petitioner is entitled to be reimbursed for the compensation it has paid,
described above, from the proceeds of this action under Connecticut General Statutes
Section 31-293, and moves to intervene in this action pursuant to its rights under said
statute.
WHEREFORE, the undersigned petitioner respectfully requests that it be permitted
to intervene and file the intervening complaint attached hereto.
THE PETITIONER, CITY OF NEW HAVEN
By: 423516
John F. Leonard
Assistant Corporation Counsel
Its Attorney
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 - Facsimile (203) 946-7942 + Juris No. 042715
2039467942 cITy OF NEW HAVEN 04:30:58 p.m. 10-06-2023 S/7
CERTIFICATION
| certify that a copy of this document was or immediately will be mailed or delivered
electronically or non-electronically on October 6, 2023, to all attorneys and self-represented
parties of record and that consent for electronic delivery was received from all attorneys
and self-represented parties of record who received or will immediately be receiving
electronic delivery.
D'ELIA GILLOOLY & DEPALMA LLC
700 STATE STREET
NEW HAVEN, CT 06511
LAW OFFICES OF STACY B WALKER
c/o CNA
PO BOX 94743
CHICAGO, IL 60690-4743
423516
John F. Leonard
Assistant Corporation Counsel
4
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Chiirch Street, New Haven, CT 06510
Telephone (203) 946-7958 + Facsimile en) 946-7942 « Juris No, 042715
2039467942 CITY OF NEW HAVEN 04:31:05 p.m. 10-06-2023 6/7
NO. NNH-CV23-6130341-S SUPERIOR COURT
NEFTALI GOMEZ J.D. OF NEW HAVEN
Vv. AT NEW HAVEN
NEW HAVEN SOLID WASTE & OCTOBER 6, 2023
RECYCLING AUTHORITY
INTERVENING COMPLAINT
FIRST COUNT
1 At all relevant times the plaintiff, Neftali Gomez, was employed by the
intervening plaintiff, the City of New Haven.
2 On or about April 12, 2021, the plaintiff sustained injuries while acting within
the scope of his employment for the City of New Haven which arose out of and in the
course of his employment.
3 As a result of said injuries, the plaintiff sought medical care and treatment.
4 The intervening plaintiff was the employer of the plaintiff in this action at the
time and place of the accident, was obligated to pay benefits, and may be obligated to pay
benefits in the future under the Workers' Compensation Act, C.G.S. § 31-275 et seq., to
the plaintiff and on behaif of the plaintiff for injuries which arose out of the. course of his
employment, which expenses the intervening plaintiff seeks to have reimbursed and/or
indemnified by virtue of C.G.S. § Section 31-293.
5. The intervening plaintiff was the employer of the plaintiff in this action at the
time and place of the accident, was obligated to pay differential benefits, and may be
obligated to pay differential benefits in the future to make up the difference between the
normal amount of weekly pay and warkers’ compensation benefits, pursuant to City of New
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 « Facsimile (203) 946-7942 - Juris No. 042715
2039467942 CITY OF NEW HAVEN, 04:31:15 p.m. 10-06-2023 WIT
Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union
Contract, to the plaintiff for time lost due to injuries which arose out of the course of his
employment, which differential pay benefits the intervening Plaintiff seeks to have
reimbursed and/or indemnified by virtue of the City of New Haven Local 424, Unit 34 of the
United Public Service Employees Union (UPSEU) Union Contract.
WHEREFORE, pursuant to C.G.S. §31 293, the intervening plaintiff claims that any
damages recovered in said action shall be so paid and apportioned sothat the intervening
plaintiff will be reimbursed from said damages for the amounts it has paid and may become
obligated to pay under the Workers’ Compensation Act and the City of New Haven Local
424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract.
THE INTERVENING PLAINTIFF,
CITY OF NEW HAVEN
423516
John F. Leonard
Assistant Corporation Counsel
Its Attorney
OFFICE OF THE CORPORATION COUNSEL : CITY OF NEW HAVEN:
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 + Facsimile (203) 946-7942 - Juris No. 042715
2039467942 CITY OF NEW HAVEN 04:31:24 p.m. 10-06-2023 1/7
CITY OF 53
NEW HAVEN ‘oe14 ae
Cain
re!
“ ¥
CONFIDENTIAL AND PRIVILEGED Office of t he Corporation Counsel
INFORMATION 465 Church Street, 4th Floor
New Haven, Connecticut 06510
Date IU\o3
Number of pages including cover sheet
FACSIMILE TRANSMISSION
COVER PAGE
roe Oa
To: pRooulla
Superior Cor
Voice Phone ‘2-8 37 Fre 7O1e 1
Fax Phone a3 - 403 IK Fax Phone 23-74-72 sY4>
For your review Reply ASAP Please comment
Urgent
SS Sem Ab(cthed Apoesavu, %& Morfie-
= rere Ho wet er C&as- 61304
ONLY.
THIS DOCUMENT IS INTENDED FOR THE ABOVE ADDRESSEE(S)
MATION.
IT CONTAINS CONFIDENTIAL AND PRIVILEGED INFOR
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE RETURN IT TO US BY U.S. MAIL.
BS
2039467942 CITY OF NEW HAVEN 04:31:32 p.m. 10-06-2023 2/7
APPEARANCE This form is available STATE OF CONNECTICUT
YO-CL-12 Rev. 12-24 in other language(s). -SUPERIOR COURT
P.B. §§ 3-1 through 3-12, 10-13, 25-6A, 25a-2,-25a-3, oh
www jud.ct.gov Co i
There are instructions and important notices on page 2 (the back) of this form.
Read page 2 before filling out this form. Reto date (For CivilFamily cases)
March 14, 2023.
J am filing this appearance to let the court and all attorneys and self-represented
oO parties of record know that | have changed my address. My new address is below. Docket Number
NNH-CV23-6130341-S
Name of case (Full name of first Plaintiff v. Full name of first Defendant) Note: In Criminal/Motor Vehicles cases, the Plaintiffs The Stale of Connecticut
GOMEZ, NEFTALI v. NEW HAVEN SOLID WASTE & RECYCLING AUTHORITY
‘Address of coun (Number, Street, lown and zip code) ‘Scheduled court date (Criminai/Motor Vehicle cases only)
Housing J ial Gee
Session District ea 235 CHURCH STREET, NEW HAVEN, CT 06510
Enter the Appearance of
Name (Your name or name of official, firm, professional corporalion, or idividual alfornay) “Juris number (For atforney/ow fir)
Office of the Corpotaion Counsel - City of New Haven 042715
Walling address Bost Office box number Telephone number (Area code lst)
165 Church Street, 4th FI 203-946-7963
Citynown ‘State Zip code
Fax number E-mail address
New Haven CT. 06519 203-946-7942 jleonard@newhavenct.gov
in the case named above for: (Select one of the following parties. See descriptions/notes on page 2 of this form.)
PLAINTIFF DEFENDANT
( The Plaintiff. (© The Defendant.
{) All Plaintiffs. (] All Defendants.
The following Plaintiff(s) only: (D The following Defendant(s) only:
CITY OF NEW HAVEN (INTERVENING PLTF)
() Other (Specify):
O This is a Family Matters case (such as divorce, custody, or child support). My appearance is for: (Select one or both)
(1) matters in the Family Division of the Superior Court (Title IV-D Child Support matters
CD This is a Criminal/Motor Vehicle case, and | am filing this appearance as [1] a Public Defender or ["] Assigned Counsel
LJ This appearance is for the purpose of a bail hearing only. (Special Public Defender)
J This appearance is for the purpose of alternative arraignment proceedings only.
If an appearance by other counsel or self-represented party is on file for this party/parties, select one option below:
4. [ This appearance is in place of the appearance of:
Namo and Juris Number (applicable) to be replaced
2. (J This appearance is in addition to an appearance already on file.
l agree that documents can be delivered (served) to me electronically in this case. (Practice Book Sec. 10-13) {x] Yes CINo
‘Signed (Individual altomeyor sell-represented party) Namie of person signing al left (Print or typo) Date signed
JOHN F.LEONARD /s/ 423516 10/6/2023
Certification FOR COURT USE ONLY
| certify that a copy of this document was or will immediately be mailed or delivered electronically or
non-electronically on (date) 10/6/2023 to all attorneys and self-represented parties of
record and that written consent for electronic delivery was received from all attorneys and self-
represented parties of record who received or will immediately be receiving electronic delivery.
‘Name and address of each party and attorney that copy was or will be mailed or defivered to”
D'ELIA GILLOOLY DEPALMA LLC 700 STATE STREET, NEW HAVEN, CT 06511
LAW OFFICES OF STACY B. WALKER C/O CNA, P.O.BOX 94743, CHICAGO, IL 60690
‘lf necessary, attach additional sheet or sheets with name and address which the copy was or will be mailed or delivered to.
Signed (Signature of filer) Print or type name of person signing Date signed
JOHN F. LEONARD Is} 423516 10/6/2023
= RS i
EEbrintronn:s| Page 1 of 2
BS Be
2039467942 CITY OF NEW HAVEN 04:31:49 p.m. 10-06-2023 3/7
NO. NNH-CV23-6130341-S SUPERIOR COURT
NEFTALI GOMEZ J. D, OF NEW HAVEN
V. AT NEW HAVEN
NEW HAVEN SOLID WASTE & OCTOBER 6, 2023
RECYCLING AUTHORITY
MOTION TO INTERVENE
The undersigned petitioner, the City of New Haven, hereby moves pursuant to
Connecticut General Statutes Section 31-293, to intervene as a party-plaintiff in the above-
captioned matter. In support of its motion, petitioner represents that:
1 At all relevant times, petitioner was the employer of the plaintiff, Neftali
Gomez, in this action within the meaning of the Workers! Compensation Act, Connecticut
General Statutes, Section 31-275, et seq.
2. The injuries described in the plaintiff's complaint arose out of and in the
course of his employment with petitioner.
3 Petitioner has paid the plaintiff compensation under the Workers’
Compensation Act, Connecticut General Statutes Section 31-275, et seq. and will be
obligated in the.future for the injuries described in his complaint.
ORAL ARGUMENT IS NOT REQUESTED),
dicial pistrictof New Haven
TESTIMONY IS.NOT REQUIRED SUPERIOR COURT
FILED
OCT
19 2023
CHIEF CLERK’S OFFICE
OFFICE OF THE CORPORATION COUNSEL - CITYOF NEW HAVEN
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 « Facsimile (203) 946-7942 « Juris No, 042715
2039467942 CITY OF NEW HAVEN 04:31:57 p.m. 10-06-2023 4/7
4 As of the date of the filing of this motion, the plaintiff, Neftali Gomez has
received the following in Workers' Compensation Benefits: $9,320.47 in medical and
indemnity.
5 The petitioner is entitled to be reimbursed for the compensation it has paid,
described above, from the proceeds of this action under Connecticut General Statutes
Section 31-293, and moves to intervene in this action pursuant to its rights under said
statute.
WHEREFORE, the undersigned petitioner respectfully requests that it be permitted
to intervene and file the intervening complaint attached hereto.
THE PETITIONER, CITY OF NEW HAVEN
By: 423516
John F. Leonard
Assistant Corporation Counsel
Its Attorney
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 » Facsimile (203) 946-7942 + Juris No. 042715
2039467942 ITY OF NEW HAVEN 04:32:05 p.m. 10-06-2023 s/7
CERTIFICATION
| certify that a copy of this document was or immediately will be mailed or delivered
electronically or non-electronically on October 6, 2023, to all attorneys and self-represented
parties of record and that consent for electronic delivery was received from all attorneys
and self-represented parties of record who received or will immediately be receiving
electronic delivery.
D'ELIA GILLOOLY & DEPALMA LLC
700 STATE STREET
NEW HAVEN, CT 06511
LAW OFFICES OF STACY B WALKER
c/o CNA
PO BOX 94743
CHICAGO, IL 60690-4743
423516
John F. Leonard
Assistant Corporation Counsel
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 - Facsimile (203) 946-7942 + Juris No. 042715
a
2039467942 CITY OF NEW HAVEN 04:32:13 p.m. 10-06-2023 6/7
NO. NNH-CV23-6130341-S SUPERIOR COURT
NEFTALI GOMEZ J. D. OF NEW HAVEN
Vv AT NEW HAVEN >
NEW HAVEN SOLID WASTE & OCTOBER 6, 2023
RECYCLING AUTHORITY
INTERVENING COMPLAINT
FIRST COUNT
1
At all relevant times the plaintiff, Neftali Gomez, was employed by the
intervening plaintiff, the City of New Haven.
2 On or about April 12, 2021, the plaintiff sustained injuries while acting within
the scope of his employment for the City of New Haven which arose out of and in the
course of his employment.
3 As a result of said injuries, the plaintiff sought medical care and treatment.
4 The intervening plaintiff was the employer of the plaintiff in this action at the
time and place of the accident, was obligated to pay benefits, and may.be obligated to pay
benefits in the future under the Workers' Compensation Act, C.G.S. § 31-275 et seq., to
the plaintiff and on behalf of the plaintiff for injuries which arose out of the course of his
employment, which expenses the intervening plaintiff seeks to have reimbursed and/or
indemnified by virtue of C-G.S. § Section 31-293.
5. The intervening plaintiff was the employer of the plaintiff in this action at the
time and place of the accident, was obligated to pay differential benefits, and may be
obligated to pay differential benefits in. the future to make up the difference between the
normal amount of weekly pay and workers’ compensation benefits, pursuant to City of New
OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN
165 Church Street, New Haven, CT 06510 4
Telephone (203) 946-7958 + Facsimile (203) 946-7942 + Juris No. 042715
2039467942 CITY OF NEW HAVEN 04:32:23 p.m. 10-06-2023 717
Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union
Contract, to the plaintiff for time lost due to injuries which arose out of the course of his
employment, which differential pay benefits the intervening plaintiff seeks to have
reimbursed and/or indemnified by virtue of the City of New Haven Local 424, Unit 34 of the
United Public Service Employees Union (UPSEU) Union Contract.
WHEREFORE, pursuant to C.G.S. §31-293, the intervening plaintiff claims that any
damages recovered in said action shall be so paid and apportioned so that the intervening
plaintiff will be reimbursed from said damages for the amounts it has paid and may become
obligated to pay under the Workers’ Compensation Act and the City of New Haven Local
424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract.
THE INTERVENING PLAINTIFF,
CITY OF NEW HAVEN
423516
John F. Leonard
Assistant Corporation Counsel
Its Attorney
OFFICE OF THE CORPORATION COUNSEL : CITY OF NEW HAVEN
4165 Church Street, New Haven, CT 06510
Telephone (203) 946-7958 - Facsimile (203) 946-7942 » Juris No. 042715
Preview
2039467942 CITY OF NEW HAVEN, 04:30: 10 p.m. 10-06-2023 3/7 NO. NNH-CV23-6130341-S SUPERIOR COURT NEFTAL! GOMEZ d. D. OF NEW HAVEN Vv AT NEW HAVEN NEW HAVEN SOLID WASTE & OCTOBER 6, 2023 RECYCLING AUTHORITY MOTION TO INTERVENE The undersigned petitioner, the City of New Haven, hereby moves pursuant to Connecticut General Statutes Section 31-293, to intervene as a party-plaintiff in the above- captioned matter. In support of its motion, petitioner represents that 1 At all relevant times, petitioner was the employer of the plaintiff, Neftali Gomez, in this action within the meaning of the Workers' Compensation Act, Connecticut General Statutes, Section 31-275, et seq. 2. The injuries described in the plaintiff's complaint arose out of and in the course of his employment with petitioner. 3 Petitioner has paid the plaintiff compensation under the Workers’ Compensation Act, Connecticut General Statutes Section 31-275, et seq. and will be obligated in the future for the injuries described in his complaint ORAL ARGUMENT IS NOT REQUESTED TESTIMONY IS NOT REQUIRED Judicial NewHa SUPERIOR COUR’ FILE; OFFICE or SH HS OREHiggsie L AYN 165 Church Street, Telephone (203) 946-7958 « Facsimile (203) se7942» Juris No. 042715 (GB 2039467942 CITY OF NEW HAVEN 04:30:50 p.m. 10-06-2023 4/7 4 As of the date of the filing of this motion, the plaintiff, Neftali Gomez has received the following in Workers! Compensation Benefits: $9,320.47 in medical and indemnity. 5 The petitioner is entitled to be reimbursed for the compensation it has paid, described above, from the proceeds of this action under Connecticut General Statutes Section 31-293, and moves to intervene in this action pursuant to its rights under said statute. WHEREFORE, the undersigned petitioner respectfully requests that it be permitted to intervene and file the intervening complaint attached hereto. THE PETITIONER, CITY OF NEW HAVEN By: 423516 John F. Leonard Assistant Corporation Counsel Its Attorney OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 - Facsimile (203) 946-7942 + Juris No. 042715 2039467942 cITy OF NEW HAVEN 04:30:58 p.m. 10-06-2023 S/7 CERTIFICATION | certify that a copy of this document was or immediately will be mailed or delivered electronically or non-electronically on October 6, 2023, to all attorneys and self-represented parties of record and that consent for electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery. D'ELIA GILLOOLY & DEPALMA LLC 700 STATE STREET NEW HAVEN, CT 06511 LAW OFFICES OF STACY B WALKER c/o CNA PO BOX 94743 CHICAGO, IL 60690-4743 423516 John F. Leonard Assistant Corporation Counsel 4 OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Chiirch Street, New Haven, CT 06510 Telephone (203) 946-7958 + Facsimile en) 946-7942 « Juris No, 042715 2039467942 CITY OF NEW HAVEN 04:31:05 p.m. 10-06-2023 6/7 NO. NNH-CV23-6130341-S SUPERIOR COURT NEFTALI GOMEZ J.D. OF NEW HAVEN Vv. AT NEW HAVEN NEW HAVEN SOLID WASTE & OCTOBER 6, 2023 RECYCLING AUTHORITY INTERVENING COMPLAINT FIRST COUNT 1 At all relevant times the plaintiff, Neftali Gomez, was employed by the intervening plaintiff, the City of New Haven. 2 On or about April 12, 2021, the plaintiff sustained injuries while acting within the scope of his employment for the City of New Haven which arose out of and in the course of his employment. 3 As a result of said injuries, the plaintiff sought medical care and treatment. 4 The intervening plaintiff was the employer of the plaintiff in this action at the time and place of the accident, was obligated to pay benefits, and may be obligated to pay benefits in the future under the Workers' Compensation Act, C.G.S. § 31-275 et seq., to the plaintiff and on behaif of the plaintiff for injuries which arose out of the. course of his employment, which expenses the intervening plaintiff seeks to have reimbursed and/or indemnified by virtue of C.G.S. § Section 31-293. 5. The intervening plaintiff was the employer of the plaintiff in this action at the time and place of the accident, was obligated to pay differential benefits, and may be obligated to pay differential benefits in the future to make up the difference between the normal amount of weekly pay and warkers’ compensation benefits, pursuant to City of New OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 « Facsimile (203) 946-7942 - Juris No. 042715 2039467942 CITY OF NEW HAVEN, 04:31:15 p.m. 10-06-2023 WIT Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract, to the plaintiff for time lost due to injuries which arose out of the course of his employment, which differential pay benefits the intervening Plaintiff seeks to have reimbursed and/or indemnified by virtue of the City of New Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract. WHEREFORE, pursuant to C.G.S. §31 293, the intervening plaintiff claims that any damages recovered in said action shall be so paid and apportioned sothat the intervening plaintiff will be reimbursed from said damages for the amounts it has paid and may become obligated to pay under the Workers’ Compensation Act and the City of New Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract. THE INTERVENING PLAINTIFF, CITY OF NEW HAVEN 423516 John F. Leonard Assistant Corporation Counsel Its Attorney OFFICE OF THE CORPORATION COUNSEL : CITY OF NEW HAVEN: 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 + Facsimile (203) 946-7942 - Juris No. 042715 2039467942 CITY OF NEW HAVEN 04:31:24 p.m. 10-06-2023 1/7 CITY OF 53 NEW HAVEN ‘oe14 ae Cain re! “ ¥ CONFIDENTIAL AND PRIVILEGED Office of t he Corporation Counsel INFORMATION 465 Church Street, 4th Floor New Haven, Connecticut 06510 Date IU\o3 Number of pages including cover sheet FACSIMILE TRANSMISSION COVER PAGE roe Oa To: pRooulla Superior Cor Voice Phone ‘2-8 37 Fre 7O1e 1 Fax Phone a3 - 403 IK Fax Phone 23-74-72 sY4> For your review Reply ASAP Please comment Urgent SS Sem Ab(cthed Apoesavu, %& Morfie- = rere Ho wet er C&as- 61304 ONLY. THIS DOCUMENT IS INTENDED FOR THE ABOVE ADDRESSEE(S) MATION. IT CONTAINS CONFIDENTIAL AND PRIVILEGED INFOR IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE RETURN IT TO US BY U.S. MAIL. BS 2039467942 CITY OF NEW HAVEN 04:31:32 p.m. 10-06-2023 2/7 APPEARANCE This form is available STATE OF CONNECTICUT YO-CL-12 Rev. 12-24 in other language(s). -SUPERIOR COURT P.B. §§ 3-1 through 3-12, 10-13, 25-6A, 25a-2,-25a-3, oh www jud.ct.gov Co i There are instructions and important notices on page 2 (the back) of this form. Read page 2 before filling out this form. Reto date (For CivilFamily cases) March 14, 2023. J am filing this appearance to let the court and all attorneys and self-represented oO parties of record know that | have changed my address. My new address is below. Docket Number NNH-CV23-6130341-S Name of case (Full name of first Plaintiff v. Full name of first Defendant) Note: In Criminal/Motor Vehicles cases, the Plaintiffs The Stale of Connecticut GOMEZ, NEFTALI v. NEW HAVEN SOLID WASTE & RECYCLING AUTHORITY ‘Address of coun (Number, Street, lown and zip code) ‘Scheduled court date (Criminai/Motor Vehicle cases only) Housing J ial Gee Session District ea 235 CHURCH STREET, NEW HAVEN, CT 06510 Enter the Appearance of Name (Your name or name of official, firm, professional corporalion, or idividual alfornay) “Juris number (For atforney/ow fir) Office of the Corpotaion Counsel - City of New Haven 042715 Walling address Bost Office box number Telephone number (Area code lst) 165 Church Street, 4th FI 203-946-7963 Citynown ‘State Zip code Fax number E-mail address New Haven CT. 06519 203-946-7942 jleonard@newhavenct.gov in the case named above for: (Select one of the following parties. See descriptions/notes on page 2 of this form.) PLAINTIFF DEFENDANT ( The Plaintiff. (© The Defendant. {) All Plaintiffs. (] All Defendants. The following Plaintiff(s) only: (D The following Defendant(s) only: CITY OF NEW HAVEN (INTERVENING PLTF) () Other (Specify): O This is a Family Matters case (such as divorce, custody, or child support). My appearance is for: (Select one or both) (1) matters in the Family Division of the Superior Court (Title IV-D Child Support matters CD This is a Criminal/Motor Vehicle case, and | am filing this appearance as [1] a Public Defender or ["] Assigned Counsel LJ This appearance is for the purpose of a bail hearing only. (Special Public Defender) J This appearance is for the purpose of alternative arraignment proceedings only. If an appearance by other counsel or self-represented party is on file for this party/parties, select one option below: 4. [ This appearance is in place of the appearance of: Namo and Juris Number (applicable) to be replaced 2. (J This appearance is in addition to an appearance already on file. l agree that documents can be delivered (served) to me electronically in this case. (Practice Book Sec. 10-13) {x] Yes CINo ‘Signed (Individual altomeyor sell-represented party) Namie of person signing al left (Print or typo) Date signed JOHN F.LEONARD /s/ 423516 10/6/2023 Certification FOR COURT USE ONLY | certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on (date) 10/6/2023 to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self- represented parties of record who received or will immediately be receiving electronic delivery. ‘Name and address of each party and attorney that copy was or will be mailed or defivered to” D'ELIA GILLOOLY DEPALMA LLC 700 STATE STREET, NEW HAVEN, CT 06511 LAW OFFICES OF STACY B. WALKER C/O CNA, P.O.BOX 94743, CHICAGO, IL 60690 ‘lf necessary, attach additional sheet or sheets with name and address which the copy was or will be mailed or delivered to. Signed (Signature of filer) Print or type name of person signing Date signed JOHN F. LEONARD Is} 423516 10/6/2023 = RS i EEbrintronn:s| Page 1 of 2 BS Be 2039467942 CITY OF NEW HAVEN 04:31:49 p.m. 10-06-2023 3/7 NO. NNH-CV23-6130341-S SUPERIOR COURT NEFTALI GOMEZ J. D, OF NEW HAVEN V. AT NEW HAVEN NEW HAVEN SOLID WASTE & OCTOBER 6, 2023 RECYCLING AUTHORITY MOTION TO INTERVENE The undersigned petitioner, the City of New Haven, hereby moves pursuant to Connecticut General Statutes Section 31-293, to intervene as a party-plaintiff in the above- captioned matter. In support of its motion, petitioner represents that: 1 At all relevant times, petitioner was the employer of the plaintiff, Neftali Gomez, in this action within the meaning of the Workers! Compensation Act, Connecticut General Statutes, Section 31-275, et seq. 2. The injuries described in the plaintiff's complaint arose out of and in the course of his employment with petitioner. 3 Petitioner has paid the plaintiff compensation under the Workers’ Compensation Act, Connecticut General Statutes Section 31-275, et seq. and will be obligated in the.future for the injuries described in his complaint. ORAL ARGUMENT IS NOT REQUESTED), dicial pistrictof New Haven TESTIMONY IS.NOT REQUIRED SUPERIOR COURT FILED OCT 19 2023 CHIEF CLERK’S OFFICE OFFICE OF THE CORPORATION COUNSEL - CITYOF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 « Facsimile (203) 946-7942 « Juris No, 042715 2039467942 CITY OF NEW HAVEN 04:31:57 p.m. 10-06-2023 4/7 4 As of the date of the filing of this motion, the plaintiff, Neftali Gomez has received the following in Workers' Compensation Benefits: $9,320.47 in medical and indemnity. 5 The petitioner is entitled to be reimbursed for the compensation it has paid, described above, from the proceeds of this action under Connecticut General Statutes Section 31-293, and moves to intervene in this action pursuant to its rights under said statute. WHEREFORE, the undersigned petitioner respectfully requests that it be permitted to intervene and file the intervening complaint attached hereto. THE PETITIONER, CITY OF NEW HAVEN By: 423516 John F. Leonard Assistant Corporation Counsel Its Attorney OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 » Facsimile (203) 946-7942 + Juris No. 042715 2039467942 ITY OF NEW HAVEN 04:32:05 p.m. 10-06-2023 s/7 CERTIFICATION | certify that a copy of this document was or immediately will be mailed or delivered electronically or non-electronically on October 6, 2023, to all attorneys and self-represented parties of record and that consent for electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery. D'ELIA GILLOOLY & DEPALMA LLC 700 STATE STREET NEW HAVEN, CT 06511 LAW OFFICES OF STACY B WALKER c/o CNA PO BOX 94743 CHICAGO, IL 60690-4743 423516 John F. Leonard Assistant Corporation Counsel OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 - Facsimile (203) 946-7942 + Juris No. 042715 a 2039467942 CITY OF NEW HAVEN 04:32:13 p.m. 10-06-2023 6/7 NO. NNH-CV23-6130341-S SUPERIOR COURT NEFTALI GOMEZ J. D. OF NEW HAVEN Vv AT NEW HAVEN > NEW HAVEN SOLID WASTE & OCTOBER 6, 2023 RECYCLING AUTHORITY INTERVENING COMPLAINT FIRST COUNT 1 At all relevant times the plaintiff, Neftali Gomez, was employed by the intervening plaintiff, the City of New Haven. 2 On or about April 12, 2021, the plaintiff sustained injuries while acting within the scope of his employment for the City of New Haven which arose out of and in the course of his employment. 3 As a result of said injuries, the plaintiff sought medical care and treatment. 4 The intervening plaintiff was the employer of the plaintiff in this action at the time and place of the accident, was obligated to pay benefits, and may.be obligated to pay benefits in the future under the Workers' Compensation Act, C.G.S. § 31-275 et seq., to the plaintiff and on behalf of the plaintiff for injuries which arose out of the course of his employment, which expenses the intervening plaintiff seeks to have reimbursed and/or indemnified by virtue of C-G.S. § Section 31-293. 5. The intervening plaintiff was the employer of the plaintiff in this action at the time and place of the accident, was obligated to pay differential benefits, and may be obligated to pay differential benefits in. the future to make up the difference between the normal amount of weekly pay and workers’ compensation benefits, pursuant to City of New OFFICE OF THE CORPORATION COUNSEL « CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 4 Telephone (203) 946-7958 + Facsimile (203) 946-7942 + Juris No. 042715 2039467942 CITY OF NEW HAVEN 04:32:23 p.m. 10-06-2023 717 Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract, to the plaintiff for time lost due to injuries which arose out of the course of his employment, which differential pay benefits the intervening plaintiff seeks to have reimbursed and/or indemnified by virtue of the City of New Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract. WHEREFORE, pursuant to C.G.S. §31-293, the intervening plaintiff claims that any damages recovered in said action shall be so paid and apportioned so that the intervening plaintiff will be reimbursed from said damages for the amounts it has paid and may become obligated to pay under the Workers’ Compensation Act and the City of New Haven Local 424, Unit 34 of the United Public Service Employees Union (UPSEU) Union Contract. THE INTERVENING PLAINTIFF, CITY OF NEW HAVEN 423516 John F. Leonard Assistant Corporation Counsel Its Attorney OFFICE OF THE CORPORATION COUNSEL : CITY OF NEW HAVEN 4165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 - Facsimile (203) 946-7942 » Juris No. 042715