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DOCKET NO. HHD-CV-20-6127575-S SUPERIOR COURT
DOMINIC SANSONE J.D. OF HARTFORD
vs. AT HARTFORD
RALSTON G. LENNON and
J.B. HUNT TRANSPORT, INC. NOVEMBER 21, 2023
OBJECTION TO MOTION TO COMPEL DEPOSITION
The first notice the undersigned had that plaintiff wished to
depose the Safety Manager was on October 20, 2023, for November 1,
2023.
This was an ex-parte notice only giving the defendant eleven
(11) days’ notice for an out of state Safety Manager who had
knowledge from 2018.
The defendants responded they were not available on November
1, 2023, but would provide dates. Instead of waiting for those
dates, only six (6) days later, on October 26, 2023, plaintiff's
paralegal proposed four dates. The defendants replied no to one
date and said the other dates were okay right now, meaning counsel,
but we hadn’t heard from the Safety Manager.
Plaintiff immediately sent a Renotice for the Safety Manager
on October 26, 2023, for December 6, 2023. Defense responded
December 6, 2023, wouldn’t work for the Safety Manager and asked
plaintiff to stop sending ex-parte deposition notices, that we
would provide dates. On November 8, 2023, the defense told
plaintiff the Safety Manager was available remotely on December
19, 2023, and received the third notice of his deposition on
November 8, 2023.
So, between October 20, 2023, and November 8, 2023, a period
of eighteen days, plaintiff sent out two ex-parte deposition
notices of the Safety Manager and the current notice. This hardly
constitutes dilatory delay tactics on the part of the defense
requiring court intervention and non-suits.
The Court should take note that it is the plaintiff whose
deposition has been noticed five times for September 8, 2022,
September 27, 2022, November 9, 2022, November 14, 2022, and
November 14, 2023, and all cancelled by the plaintiff and still
outstanding. The defense has had to file a Motion to Compel
Discovery on December 9, 2021, a Motion to Dismiss for failure to
provide discovery on March 8, 2022, and on July 12, 2022, Motion
for Order to Compel.
For all the above reasons, the defendants request their
objection be sustained.
THE DEFENDANT,
J.B. HUNT TRANSPORT, INC.
Ellen
uth. Crt
M. Costello
Del Sole & Del Sole, LLP
46 South
Whittlesey Avenue
Wallingford, CT 06492
(203) 284-8000
(203) 284-9800 facsimile
Juris No. 101674
Ellencédelsoledelsole.com
CERTIFICATION
I hereby certify that a copy of the foregoing has been mailed
postage prepaid and/or sent via electronic mail and/or sent via
facsimile on this date to the following:
Elisabeth M. Swanson
Goff Law Group, LLC
433 S. Main Street, Suite 328
West Hartford, CT 06110
jenniferr@égofflawgroup.net
elisabeth@gofflawgroup.net
Ellen
Fllusth Cro
M. Costello
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DOCKET NO. HHD-CV-20-6127575-S SUPERIOR COURT DOMINIC SANSONE J.D. OF HARTFORD vs. AT HARTFORD RALSTON G. LENNON and J.B. HUNT TRANSPORT, INC. NOVEMBER 21, 2023 OBJECTION TO MOTION TO COMPEL DEPOSITION The first notice the undersigned had that plaintiff wished to depose the Safety Manager was on October 20, 2023, for November 1, 2023. This was an ex-parte notice only giving the defendant eleven (11) days’ notice for an out of state Safety Manager who had knowledge from 2018. The defendants responded they were not available on November 1, 2023, but would provide dates. Instead of waiting for those dates, only six (6) days later, on October 26, 2023, plaintiff's paralegal proposed four dates. The defendants replied no to one date and said the other dates were okay right now, meaning counsel, but we hadn’t heard from the Safety Manager. Plaintiff immediately sent a Renotice for the Safety Manager on October 26, 2023, for December 6, 2023. Defense responded December 6, 2023, wouldn’t work for the Safety Manager and asked plaintiff to stop sending ex-parte deposition notices, that we would provide dates. On November 8, 2023, the defense told plaintiff the Safety Manager was available remotely on December 19, 2023, and received the third notice of his deposition on November 8, 2023. So, between October 20, 2023, and November 8, 2023, a period of eighteen days, plaintiff sent out two ex-parte deposition notices of the Safety Manager and the current notice. This hardly constitutes dilatory delay tactics on the part of the defense requiring court intervention and non-suits. The Court should take note that it is the plaintiff whose deposition has been noticed five times for September 8, 2022, September 27, 2022, November 9, 2022, November 14, 2022, and November 14, 2023, and all cancelled by the plaintiff and still outstanding. The defense has had to file a Motion to Compel Discovery on December 9, 2021, a Motion to Dismiss for failure to provide discovery on March 8, 2022, and on July 12, 2022, Motion for Order to Compel. For all the above reasons, the defendants request their objection be sustained. THE DEFENDANT, J.B. HUNT TRANSPORT, INC. Ellen uth. Crt M. Costello Del Sole & Del Sole, LLP 46 South Whittlesey Avenue Wallingford, CT 06492 (203) 284-8000 (203) 284-9800 facsimile Juris No. 101674 Ellencédelsoledelsole.com CERTIFICATION I hereby certify that a copy of the foregoing has been mailed postage prepaid and/or sent via electronic mail and/or sent via facsimile on this date to the following: Elisabeth M. Swanson Goff Law Group, LLC 433 S. Main Street, Suite 328 West Hartford, CT 06110 jenniferr@égofflawgroup.net elisabeth@gofflawgroup.net Ellen Fllusth Cro M. Costello