Motion,Ex Parte: BURTON,NANCY v. MASON,DAVID PHILIP

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                                NO: (X06) UWY CV 21 5028294S                  :        SUPERIOR COURT

NANCY BURTON                                  :        COMPLEX LITIGATION DOCKET

v.                                            :        AT WATERBURY

DAVID PHILIP MASON, ET AL.                    :        NOVEMBER 3, 2023


                           OBJECTION TO PLAINTIFF’S
                    MOTION FOR SUMMARY JUDGMENT (#473.00)


       The defendant, Elinore Carmody, hereby objects to the plaintiff’s motion for

summary judgment filed on October 27, 2023 (Dkt. #473.00). As is more particularly set

forth in the memorandum of law and exhibits submitted in support of this objection, the

plaintiff has not established that Ms. Carmody made false statements regarding the

plaintiff’s mistreatment of her goats. To the contrary, it has already been judicially

established in in State of Connecticut, ex rel Jeremiah Dunn, Chief Animal Control

Officer v. Sixty-Five Goats, et al. Docket Number UWY-CV21-6064254-S (“State v. 65

Goats”), that the plaintiff did, in fact, abuse and neglect her goats. Under the doctrine

of collateral estoppel, the plaintiff is precluded from re-litigating this issue, and therefore,

she cannot prove the falsity of Ms. Carmody’s allegedly defamatory statements.

       Additionally, Ms. Burton cannot prove, by clear and convincing evidence, that not

only were Ms. Carmody’s statements false, but that they were made with actual malice.

       Wherefore, it is respectfully requested that the objection to the plaintiff’s motion

for summary judgment be sustained.
DEFENDANT,
ELINORE CARMODY



By_/s/ Philip T. Newbury, Jr. _________
  Philip T. Newbury, Jr.
  Howd & Ludorf, LLC
  100 Great Meadow Road, Suite 201
  Wethersfield, CT 06109
  (860) 249-1361
  (860) 249-7665 (Fax)
  Juris No.: 28228
  E-mail: pnewbury@hl-law.com




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                                   CERTIFICATION

       This is to certify that a copy of the foregoing Objection to Plaintiff’s Motion for
Summary Judgment (#473.00) was or will immediately be mailed or delivered
electronically or non-electronically on November 3, 2023, to all parties and pro se
parties of record and that written consent for electronic delivery was received from all
attorneys and self-represented parties receiving electronic delivery.

Nancy Burton
154 Highland Ave.
Rowayton, CT 06853
NancyBurtonCT@aol.com

Kimberly Bosse, Esquire
James N. Tallberg, Esquire
Karsten & Tallberg, LLC
500 Enterprise Drive, Suite 4
Rocky Hill, CT 06067
kbosse@ktlawfirm.com
jtallberg@kt-lawfirm.com

Steven J. Stafstrom, Jr., Esq.
Pullman & Comley, LLC
850 Main Street, P.O. Box 7006
Bridgeport, CT 06601
sstafstrom@pullcom.com



                                            _/s/ Philip T. Newbury, Jr. ____________
                                            Philip T. Newbury, Jr.




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