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DOCKET NO. UWY-CV20-6056586-S SUPERIOR COURT
KEVIN McSWIGGAN J.D. OF WATERBURY
vs. AT WATERBURY
O'BRIEN INSURANCE AGENCY, LLC NOVEMBER 7, 2023
DEFENDANT'S OBJECTION TO THE REQUEST FOR PRODUCTION OF
DOCUMENTS AT DEPOSITION
The plaintiff has noticed the deposition of Bill Mitchell, an
employee of the defendant to take place on November 29, 2023.
Pursuant to the attached Notice of Deposition (Schedule A attached
hereto and made a part hereof), the plaintiff requests the
deponent to produce at his deposition the following:
1)Copy of any data or recording of communications between
the plaintiff and the defendant from March 1, 2017 through
March 1, 2018.
OBJECTION: The defendant produced recordings to plaintiff's
counsel of all telephone conversations taking place between the
plaintiff and the defendant’s office from the beginning of the
parties’ relationship until December 31, 2020, from and to the
telephone numbers provided by plaintiff. The phone service of the
defendant can only be searched by telephone numbers and not by
names and those recordings have already been provided to
plaintiff£’s counsel on March 16, 2023, as part of discovery
responses. As such, the plaintiff's request is harassing,
oppressive and unduly burdensome.
2) Copy of any recordings or voicemail messages left by the
1
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
plaintiff with anyone at O’Brien Insurance Agency, LLC,
including Kathleen Frost and/or Christopher O’Brien from
March 1, 2017 through March 1, 2018.
OBJECTION: The defendant produced recordings to plaintiff's
counsel of all telephone conversations taking place between the
plaintiff and the defendant’s office from the beginning of the
parties’ relationship until December 31, 2020, from and to the
telephone numbers provided by plaintiff that any such calls could
have been made to or from. The phone service of the defendant can
only be searched by telephone numbers and not by names and those
recordings have already been provided to plaintiff’s counsel on
March 16, 2023, as part of discovery responses. As such, the
plaintiff's request is harassing, oppressive and unduly burdensome
THE DEFENDANT,
O’BRIEN INSURANCE AGENCY, ET AL
BY: #402210 _
DENISE D. KENNEDY
DEL SOLE & DEL SOLE, LLP
JURIS NO. 101674
2
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
CERTIFICATION
I hereby certify that this is a true and accurate copy of the
foregoing original which was transmitted via electronic filing to the
Clerk, Superior Court and mailed or electronically delivered on
November 7, 2023 to all counsel and pro se parties of record as
follows:
Kevin S. Coyne, Esquire
Coyne, von Kuhn, Brady & Fries, LLC
4 Armstrong Road
Shelton, CT 06484
#402210
Denise D. Kennedy
3
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 ~ JURIS NO. 101674 - 203-785-8500
Exhibit A
NO. UWY-CV-20-6056586-S SUPERIOR COURT
KEVIN MCSWIGGAN J.D. OF WATERBURY
VS. AT WATERBURY
O’BRIEN INSURANCE AGENCY, LLC JULY 13, 2023
NOTICE OF DEPOSITION
Pursuant to §13-27h, the plaintiff hereby requests that O’Brien Insurance Agency, LLC designate an
INDIVIDUAL WITH THE MOST KNOWLEDGE RELATIVE TO O'BRIEN INSURANCE AGENCY,
LLC’S TELEPHONE SYSTEM, including, but not limited to retrieval of recordings on the telephone system
and the process of searching and retrieving recordings from the telephone system, to testify on THURSDAY,
AUGUST 24, 2023 at 10:00 a.m. at the offices of Coyne, von Kuhn, Brady & Fries, LLC, 4 Armstrong
Road, Shelton, Connecticut, in connection with the above matter.
A request to produce is attached hereto and made a part hereof.
Said deposition will be taken before Horvath & Associates, notary publics for the State of
Connecticut, or such authorized officer as may be designed.
THE PLAINTIFF KEVIN McSWIGGAN
BY: _/s/406995__
Kevin S. Coyne
Coyne, von Kuhn, Brady & Fries, LLC
COYNE, VON KUHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
CERTIFICATION
This is to certify that a copy of the foregoing has been E-filed with the court and sent via Electronic
Mail only, this 13" day of July, 2023, to:
Denise DeSole-Kennedy, Esquire
DelSole & DelSole, LLP
46 South Whittlesey Avenue
Wallingford, CT 06492
dkennedy@delsoledel le.com
LindaM@delsoledelsol onl
Horvath & Associates
horvathandassociates@gmail.com
BY:__/8/406995
Kevin S. Coyne
Coyne, von Kuhn, Brady & Fries, LLC
COYNE, VON KUHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * oe 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047
NO. UWY-CV-20-6056586-S SUPERIOR COURT
KEVIN MCSWIGGAN J.D. OF WATERBURY
VS. AT WATERBURY
O’BRIEN INSURANCE AGENCY, LLC JULY 13, 2023
REQUEST TO PRODUCE RE NOTICE OF DEPOSITION
The deponent is hereby requested to produce at the time of their deposition, the following:
1) Copy of any data or recording of communications between the plaintiff and the defendant
from March 1, 2017 through March 1, 2018.
2) Copy of any recordings of voicemail messages left by the plaintiff with anyone at O’Brien
Insurance Agency, LLC, including Kathleen Frost and/or Christopher O’Brien from March 1, 2017
through March 1, 2018.
THE PLAINTIFF KEVIN McSWIGGAN
BY: /s/406995 —
Kevin S. Coyne
Coyne, von Kuhn, Brady & Fries, LLC
COYNE, VON KUHN, BRADY & FRIES, LLC
4 ARMSTRONG ROAD, SHELTON, CT 06484 * a 378-7100 * FAX (203) 378-7711 * JURIS NO, 419047
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DOCKET NO. UWY-CV20-6056586-S SUPERIOR COURT KEVIN McSWIGGAN J.D. OF WATERBURY vs. AT WATERBURY O'BRIEN INSURANCE AGENCY, LLC NOVEMBER 7, 2023 DEFENDANT'S OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS AT DEPOSITION The plaintiff has noticed the deposition of Bill Mitchell, an employee of the defendant to take place on November 29, 2023. Pursuant to the attached Notice of Deposition (Schedule A attached hereto and made a part hereof), the plaintiff requests the deponent to produce at his deposition the following: 1)Copy of any data or recording of communications between the plaintiff and the defendant from March 1, 2017 through March 1, 2018. OBJECTION: The defendant produced recordings to plaintiff's counsel of all telephone conversations taking place between the plaintiff and the defendant’s office from the beginning of the parties’ relationship until December 31, 2020, from and to the telephone numbers provided by plaintiff. The phone service of the defendant can only be searched by telephone numbers and not by names and those recordings have already been provided to plaintiff£’s counsel on March 16, 2023, as part of discovery responses. As such, the plaintiff's request is harassing, oppressive and unduly burdensome. 2) Copy of any recordings or voicemail messages left by the 1 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 plaintiff with anyone at O’Brien Insurance Agency, LLC, including Kathleen Frost and/or Christopher O’Brien from March 1, 2017 through March 1, 2018. OBJECTION: The defendant produced recordings to plaintiff's counsel of all telephone conversations taking place between the plaintiff and the defendant’s office from the beginning of the parties’ relationship until December 31, 2020, from and to the telephone numbers provided by plaintiff that any such calls could have been made to or from. The phone service of the defendant can only be searched by telephone numbers and not by names and those recordings have already been provided to plaintiff’s counsel on March 16, 2023, as part of discovery responses. As such, the plaintiff's request is harassing, oppressive and unduly burdensome THE DEFENDANT, O’BRIEN INSURANCE AGENCY, ET AL BY: #402210 _ DENISE D. KENNEDY DEL SOLE & DEL SOLE, LLP JURIS NO. 101674 2 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 CERTIFICATION I hereby certify that this is a true and accurate copy of the foregoing original which was transmitted via electronic filing to the Clerk, Superior Court and mailed or electronically delivered on November 7, 2023 to all counsel and pro se parties of record as follows: Kevin S. Coyne, Esquire Coyne, von Kuhn, Brady & Fries, LLC 4 Armstrong Road Shelton, CT 06484 #402210 Denise D. Kennedy 3 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 ~ JURIS NO. 101674 - 203-785-8500 Exhibit A NO. UWY-CV-20-6056586-S SUPERIOR COURT KEVIN MCSWIGGAN J.D. OF WATERBURY VS. AT WATERBURY O’BRIEN INSURANCE AGENCY, LLC JULY 13, 2023 NOTICE OF DEPOSITION Pursuant to §13-27h, the plaintiff hereby requests that O’Brien Insurance Agency, LLC designate an INDIVIDUAL WITH THE MOST KNOWLEDGE RELATIVE TO O'BRIEN INSURANCE AGENCY, LLC’S TELEPHONE SYSTEM, including, but not limited to retrieval of recordings on the telephone system and the process of searching and retrieving recordings from the telephone system, to testify on THURSDAY, AUGUST 24, 2023 at 10:00 a.m. at the offices of Coyne, von Kuhn, Brady & Fries, LLC, 4 Armstrong Road, Shelton, Connecticut, in connection with the above matter. A request to produce is attached hereto and made a part hereof. Said deposition will be taken before Horvath & Associates, notary publics for the State of Connecticut, or such authorized officer as may be designed. THE PLAINTIFF KEVIN McSWIGGAN BY: _/s/406995__ Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC COYNE, VON KUHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * (203) 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 CERTIFICATION This is to certify that a copy of the foregoing has been E-filed with the court and sent via Electronic Mail only, this 13" day of July, 2023, to: Denise DeSole-Kennedy, Esquire DelSole & DelSole, LLP 46 South Whittlesey Avenue Wallingford, CT 06492 dkennedy@delsoledel le.com LindaM@delsoledelsol onl Horvath & Associates horvathandassociates@gmail.com BY:__/8/406995 Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC COYNE, VON KUHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * oe 378-7100 * FAX (203) 378-7711 * JURIS NO. 419047 NO. UWY-CV-20-6056586-S SUPERIOR COURT KEVIN MCSWIGGAN J.D. OF WATERBURY VS. AT WATERBURY O’BRIEN INSURANCE AGENCY, LLC JULY 13, 2023 REQUEST TO PRODUCE RE NOTICE OF DEPOSITION The deponent is hereby requested to produce at the time of their deposition, the following: 1) Copy of any data or recording of communications between the plaintiff and the defendant from March 1, 2017 through March 1, 2018. 2) Copy of any recordings of voicemail messages left by the plaintiff with anyone at O’Brien Insurance Agency, LLC, including Kathleen Frost and/or Christopher O’Brien from March 1, 2017 through March 1, 2018. THE PLAINTIFF KEVIN McSWIGGAN BY: /s/406995 — Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC COYNE, VON KUHN, BRADY & FRIES, LLC 4 ARMSTRONG ROAD, SHELTON, CT 06484 * a 378-7100 * FAX (203) 378-7711 * JURIS NO, 419047