On August 22, 2023 a
OBJECTION Defendant's Objection to Plaintiff's Subpoena
was filed
involving a dispute between
The Connecticut Novelty Co. D B A Malloves Jewelers,
and
Christine Graichen,
for T90 - Torts - All other
in the District Court of Middlesex County.
Preview
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DOCKET NO. MMX-CV23-5016264-S : SUPERIOR COURT
:
CONNECTICUT NOVELTY COMPANY d/b/a : JUDICIAL DISTRICT OF
MALLOVES JEWELERS, : MIDDLESEX
:
Plaintiff, : AT MIDDLETOWN
:
-against- :
: JANUARY 22, 2024
CHRISTINE GRAICHEN,
Defendant
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DEFENDANT’S NOTICE OF OBJECTION TO SUBPOENA
Please take notice that pursuant to Practice Book 13-28(d), Defendant Christine
Graichen hereby objects to the Schedule A request for production of documents
contained in the January 4, 2024 subpoena directed to Defendant.
TOPICS
TOPIC NO. 1: All of your personal credit cart statements, whether held solely in
your name or jointly owned, from January 1, 2018 through March 31, 2023
OBJECTION: Defendant objects to the request on the grounds that the request
is overbroad and unduly burdensome as it pertains to all credit card statements,
including statements in accounts jointly owned. Furthermore, the request is also
overbroad as it pertains to credit card statements over a five--year period. See also,
Defendant’s Motion to Quash (Doc. No. 112).
TOPIC NO. 2: All documents concerning the Amazon account for The
Connecticut Novelty Co. d/b/a Malloves Jewelers and/or Malloves Jewelers, including
but not limited to documents concerning any orders or payments from January 1, 2018
through March 31, 2023.
1
OBJECTION: Defendant objects to the request on multiple grounds. First,
Defendant objects to the extent that the information sought is already in the possession
of the Plaintiff as Defendant’s former employer. Defendant has not been Plaintiff’s
employee since April 2023 and therefore has not accessed Plaintiff's amazon account
since then. Therefore, Defendant cannot produce information regarding Plaintiff’s
amazon account with greater facility than Plaintiff. Practice Book § 13-2.
Second, the request is irrelevant, immaterial and not reasonably calculated to lead to
the discovery of admissible evidence - Plaintiff’s Application for PreJudgment Remedy
does not include its claims pertaining to its amazon account and request for Injunctive
Relief. Finally, the request is unduly burdensome as it requests Defendant produce
documents concerning Plaintiff’s own amazon account for a five-year period.
Topic No. 3: All documents concerning the Facebook account and Instagram
account for The Connecticut Novelty Co. d/b/a Malloves Jewelers and/or Malloves
Jewelers.
OBJECTION: Defendant objects to the request on multiple grounds. First,
Defendant objects to the extent that the information sought is already in the possession
of the Plaintiff as Defendant’s former employer. Defendant has not been Plaintiff’s
employee since April 2023 and has not accessed Plaintiff’s social media accounts since
then. Defendant cannot produce information regarding Plaintiff’s Facebook and
Instagram account with greater facility than Plaintiff. Practice Book § 13-2.
Second, the request is irrelevant, immaterial and not reasonably calculated to lead to
the discovery of admissible evidence. Plaintiff’s Application for PreJudgment Remedy
does not include its claims pertaining to its social media accounts contained in its claim
2
for Injunctive Relief. Third, the request is unduly burdensome as it requests Defendant
produce documents concerning Plaintiff’s own Facebook and Instagram account for a
five-year period. Finally, Defendant objects as the request is vague. Plaintiff has two
Facebook accounts and two Instagram accounts, therefore it is unclear which account is
"the Facebook account and Instagram account" that is the subject of the subpoena.
DEFENDANT, CHRISTINE GRAICHEN
By: /s/ Claire M. Howard
Claire M. Howard
Jennifer Messina
Madsen, Prestley & Parenteau, LLC
402 Asylum Street
Hartford, CT 06103
choward@mppjustice.com
jmessina@mppjustice.com
Tel. (860) 246-2466
Fax: (860) 246-1794
Attorneys for the Defendant
CERTIFICATION OF SERVICE
I hereby certify that on January 22, 2024, a copy of the foregoing was sent via
electronic mail to the following attorneys of record:
Jonathan M. Shapiro
Kara Newell
Aeton Law Partners LLP
311 Centerpoint Drive
Middletown CT 06457
jms@aetonlaw.com
kara@aetonlaw.com
/s/ Claire M. Howard____
Claire M. Howard
3
Document Filed Date
January 22, 2024
Case Filing Date
August 22, 2023
Category
T90 - Torts - All other
Related Content
in Middlesex County
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---------------------------------------------------------------------- DOCKET NO. MMX-CV23-5016264-S : SUPERIOR COURT : CONNECTICUT NOVELTY COMPANY d/b/a : JUDICIAL DISTRICT OF MALLOVES JEWELERS, : MIDDLESEX : Plaintiff, : AT MIDDLETOWN : -against- : : JANUARY 22, 2024 CHRISTINE GRAICHEN, Defendant ---------------------------------------------------------------------- DEFENDANT’S NOTICE OF OBJECTION TO SUBPOENA Please take notice that pursuant to Practice Book 13-28(d), Defendant Christine Graichen hereby objects to the Schedule A request for production of documents contained in the January 4, 2024 subpoena directed to Defendant. TOPICS TOPIC NO. 1: All of your personal credit cart statements, whether held solely in your name or jointly owned, from January 1, 2018 through March 31, 2023 OBJECTION: Defendant objects to the request on the grounds that the request is overbroad and unduly burdensome as it pertains to all credit card statements, including statements in accounts jointly owned. Furthermore, the request is also overbroad as it pertains to credit card statements over a five--year period. See also, Defendant’s Motion to Quash (Doc. No. 112). TOPIC NO. 2: All documents concerning the Amazon account for The Connecticut Novelty Co. d/b/a Malloves Jewelers and/or Malloves Jewelers, including but not limited to documents concerning any orders or payments from January 1, 2018 through March 31, 2023. 1 OBJECTION: Defendant objects to the request on multiple grounds. First, Defendant objects to the extent that the information sought is already in the possession of the Plaintiff as Defendant’s former employer. Defendant has not been Plaintiff’s employee since April 2023 and therefore has not accessed Plaintiff's amazon account since then. Therefore, Defendant cannot produce information regarding Plaintiff’s amazon account with greater facility than Plaintiff. Practice Book § 13-2. Second, the request is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence - Plaintiff’s Application for PreJudgment Remedy does not include its claims pertaining to its amazon account and request for Injunctive Relief. Finally, the request is unduly burdensome as it requests Defendant produce documents concerning Plaintiff’s own amazon account for a five-year period. Topic No. 3: All documents concerning the Facebook account and Instagram account for The Connecticut Novelty Co. d/b/a Malloves Jewelers and/or Malloves Jewelers. OBJECTION: Defendant objects to the request on multiple grounds. First, Defendant objects to the extent that the information sought is already in the possession of the Plaintiff as Defendant’s former employer. Defendant has not been Plaintiff’s employee since April 2023 and has not accessed Plaintiff’s social media accounts since then. Defendant cannot produce information regarding Plaintiff’s Facebook and Instagram account with greater facility than Plaintiff. Practice Book § 13-2. Second, the request is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff’s Application for PreJudgment Remedy does not include its claims pertaining to its social media accounts contained in its claim 2 for Injunctive Relief. Third, the request is unduly burdensome as it requests Defendant produce documents concerning Plaintiff’s own Facebook and Instagram account for a five-year period. Finally, Defendant objects as the request is vague. Plaintiff has two Facebook accounts and two Instagram accounts, therefore it is unclear which account is "the Facebook account and Instagram account" that is the subject of the subpoena. DEFENDANT, CHRISTINE GRAICHEN By: /s/ Claire M. Howard Claire M. Howard Jennifer Messina Madsen, Prestley & Parenteau, LLC 402 Asylum Street Hartford, CT 06103 choward@mppjustice.com jmessina@mppjustice.com Tel. (860) 246-2466 Fax: (860) 246-1794 Attorneys for the Defendant CERTIFICATION OF SERVICE I hereby certify that on January 22, 2024, a copy of the foregoing was sent via electronic mail to the following attorneys of record: Jonathan M. Shapiro Kara Newell Aeton Law Partners LLP 311 Centerpoint Drive Middletown CT 06457 jms@aetonlaw.com kara@aetonlaw.com /s/ Claire M. Howard____ Claire M. Howard 3