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DOCKET NO.: NNI-CV20-6019540-S : SUPERIOR COURT
:
JOANN JOHNSON : J.D. OF NEW HAVEN
:
v. : AT MERIDEN
:
LSREF4 REBOUND, LLC, AND :
ULTIMATE PROFESSIONAL :
GROUNDS MANAGEMENT, INC. : FEBRUARY 8, 2024
DEFENDANT’S MOTION FOR ARTICULATION
Now comes the Defendant, Ultimate Professional Grounds Management, Inc. in
the above-captioned matter and, pursuant to Practice Book Section 66-5, hereby
respectfully moves for articulation of the January 31, 2024 Order of the Court, Hon.
Steven D. Jacobs, Entry #129.10, respectively denying the Defendant’s Motion for
Continuance of the Trial Management Conference and Trial, which was previously
consented to by all parties in the matter. There was no explanation provided for the
Court’s denying the Defendant’s Motion for Continuance. In support of this motion, the
Defendant states:
1. The Defendant recently retained the undersigned counsel to defend it in the
instant action;
2. The undersigned counsel is lead counsel for the Defendant and filed his
appearance with the Court on January 23, 2024;
3. The undersigned counsel has been working diligently to bring himself swiftly
up to speed on the discovery exchanged between the parties to assess the
merits and value of the Plaintiff’s claims;
4. The Defendant has filed a Motion to Implead the snow removal subcontractor
(Cariati Developers, Inc.) hired to perform snow/ice removal services at the
premises, which has yet to be ruled on by this Court;
5. The Defendant also had a separate civil action served on Cariati Developers,
Inc. sounding in claims of contractual indemnity and defense of this action
(both the Third-Party Complaint and the separate civil action have a return
date of March 5, 2024.);
6. The Defendant intends to move this Court to consolidate the matters once the
Complaint has been returned to Court in the separate civil action;
7. The granting of the Defendant’s Motion for Continuance will afford time for
Cariati to appear in the matter and for the parties to make attempts to resolve
the matter prior to trial – the resolution of the matter prior to trial will preserve
judicial resources;
8. The undersigned counsel, prior to being retained by the Defendant in this
matter, scheduled a pre-planned trip with his wife to Colorado for her birthday
and will be out of state from March 16, 2024 to March 23, 2024; and
9. A Scheduling Order has not been approved by this Court and made a Court
Order.
In order to fully understand the claims against it, the defenses to be raised, and the
issues to be presented at trial, as well as to secure an adequate record for appeal, should
the need arise, see Holmes v. Holmes, 2 Conn. App. 380, 383 (1984), the Defendant seeks
articulation of the Court’s Order to indicate the reasons the Court denied the Defendant’s
Motion for Continuance of the Trial Management Conference and Trial Date.
WHEREFORE, the Defendant respectfully requests that its Motion be granted
and that the Court articulate its ruling on the Defendant’s Motion for Continuance of
the Trial Management Conference and Trial Date (see Entry #129).
ORAL ARGUMENT NOT REQUESTED/
TESTIMONY NOT REQUIRED
2
Respectfully submitted,
ULTIMATE PROFESSIONAL
GROUNDS MANAGEMENT, INC.,
By its attorneys,
/s/ Paul J. Thibodeau, Esq.
Paul J. Thibodeau, Juris No. 433562
pthibodeau@davids-cohen.com
DAVIDS & COHEN, P.C.
34 Washington Street, Suite 201
Wellesley, MA 02481
(781) 416-5055
3
CERTIFICATION OF SERVICE
I certify that a copy of this document was or will immediately be mailed or
delivered electronically or non-electronically on February 8, 2024 to all attorneys and self-
represented parties of record and to all parties who have not appeared in this matter and
that written consent for electronic delivery was received from all attorneys and self-
represented parties receiving electronic delivery.
For the Plaintiff:
Michael D. Quinn
Mahon, Quinn & Mahon, PC
PO Box 2420
636 Broad Street
Meriden, CT 06450
michael.quinn@mqmlawyer.com
For Intervening Plaintiff:
The State of Connecticut
Kenneth Kennedy, Assistant Attorney General
William Tong, Attorney General
165 Capital Avenue
Hartford, CT 0610
Kenneth.kennedy@ct.gov
For LSREF4 Rebound, LLC:
Joseph M. Musco
Musco & Iassogna
555 Long Wharf Drive, 10th Floor
New Haven, Connecticut 06511
efiling@m-ilaw.com
/s/ Paul J. Thibodeau
Paul J. Thibodeau
4
Preview
DOCKET NO.: NNI-CV20-6019540-S : SUPERIOR COURT : JOANN JOHNSON : J.D. OF NEW HAVEN : v. : AT MERIDEN : LSREF4 REBOUND, LLC, AND : ULTIMATE PROFESSIONAL : GROUNDS MANAGEMENT, INC. : FEBRUARY 8, 2024 DEFENDANT’S MOTION FOR ARTICULATION Now comes the Defendant, Ultimate Professional Grounds Management, Inc. in the above-captioned matter and, pursuant to Practice Book Section 66-5, hereby respectfully moves for articulation of the January 31, 2024 Order of the Court, Hon. Steven D. Jacobs, Entry #129.10, respectively denying the Defendant’s Motion for Continuance of the Trial Management Conference and Trial, which was previously consented to by all parties in the matter. There was no explanation provided for the Court’s denying the Defendant’s Motion for Continuance. In support of this motion, the Defendant states: 1. The Defendant recently retained the undersigned counsel to defend it in the instant action; 2. The undersigned counsel is lead counsel for the Defendant and filed his appearance with the Court on January 23, 2024; 3. The undersigned counsel has been working diligently to bring himself swiftly up to speed on the discovery exchanged between the parties to assess the merits and value of the Plaintiff’s claims; 4. The Defendant has filed a Motion to Implead the snow removal subcontractor (Cariati Developers, Inc.) hired to perform snow/ice removal services at the premises, which has yet to be ruled on by this Court; 5. The Defendant also had a separate civil action served on Cariati Developers, Inc. sounding in claims of contractual indemnity and defense of this action (both the Third-Party Complaint and the separate civil action have a return date of March 5, 2024.); 6. The Defendant intends to move this Court to consolidate the matters once the Complaint has been returned to Court in the separate civil action; 7. The granting of the Defendant’s Motion for Continuance will afford time for Cariati to appear in the matter and for the parties to make attempts to resolve the matter prior to trial – the resolution of the matter prior to trial will preserve judicial resources; 8. The undersigned counsel, prior to being retained by the Defendant in this matter, scheduled a pre-planned trip with his wife to Colorado for her birthday and will be out of state from March 16, 2024 to March 23, 2024; and 9. A Scheduling Order has not been approved by this Court and made a Court Order. In order to fully understand the claims against it, the defenses to be raised, and the issues to be presented at trial, as well as to secure an adequate record for appeal, should the need arise, see Holmes v. Holmes, 2 Conn. App. 380, 383 (1984), the Defendant seeks articulation of the Court’s Order to indicate the reasons the Court denied the Defendant’s Motion for Continuance of the Trial Management Conference and Trial Date. WHEREFORE, the Defendant respectfully requests that its Motion be granted and that the Court articulate its ruling on the Defendant’s Motion for Continuance of the Trial Management Conference and Trial Date (see Entry #129). ORAL ARGUMENT NOT REQUESTED/ TESTIMONY NOT REQUIRED 2 Respectfully submitted, ULTIMATE PROFESSIONAL GROUNDS MANAGEMENT, INC., By its attorneys, /s/ Paul J. Thibodeau, Esq. Paul J. Thibodeau, Juris No. 433562 pthibodeau@davids-cohen.com DAVIDS & COHEN, P.C. 34 Washington Street, Suite 201 Wellesley, MA 02481 (781) 416-5055 3 CERTIFICATION OF SERVICE I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on February 8, 2024 to all attorneys and self- represented parties of record and to all parties who have not appeared in this matter and that written consent for electronic delivery was received from all attorneys and self- represented parties receiving electronic delivery. For the Plaintiff: Michael D. Quinn Mahon, Quinn & Mahon, PC PO Box 2420 636 Broad Street Meriden, CT 06450 michael.quinn@mqmlawyer.com For Intervening Plaintiff: The State of Connecticut Kenneth Kennedy, Assistant Attorney General William Tong, Attorney General 165 Capital Avenue Hartford, CT 0610 Kenneth.kennedy@ct.gov For LSREF4 Rebound, LLC: Joseph M. Musco Musco & Iassogna 555 Long Wharf Drive, 10th Floor New Haven, Connecticut 06511 efiling@m-ilaw.com /s/ Paul J. Thibodeau Paul J. Thibodeau 4