On December 04, 2023 a
Request,Application
was filed
involving a dispute between
Power Unlimited, Inc.,
and
Canfield Partners, Llc,
Live Oak Contracting, Llc,
for C00 - Contracts - Construction - All other
in the District Court of Fairfield County.
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DOCKET NO.: FBT-CV-23-6129482-S
POWER UNLIMITED, INC. : SUPERIOR COURT
:
V. : JUDICIAL DISTRICT OF FAIRFIELD
:
: AT BRIDGEPORT
:
LIVE OAK CONTRACTING, LLC and :
CANFIELD PARTNERS, LLC. : JANUARY 8, 2024
LIVE OAK CONTRACTING, LLC’S REQUEST TO REVISE
Pursuant to Practice Book § 10-35 et-seq., the Defendant, Live Oak Contracting, LLC
(“LOC”) hereby requests that the Plaintiff, Power Unlimited, Inc., revise its Complaint dated
November 21, 2023, as follows:
REQUESTED REVISION:
PORTION OF PLEADING TO BE REVISED:
Count Two in its entirety.
REQUESTED REVISION: Plaintiff has improperly styled Count Two to apply
to both defendants. LOC requests that the Plaintiff be ordered to Revise Count Two to separate
its claim into separate counts as to each defendant.
REASON FOR REVISION: Section 10-35 of the Connecticut Practice Book
permits a party to file a Request to Revise to separate causes of action which may be united in
one complaint when they are improperly combined in one count. Count Two improperly
includes separate claims against two separate entities, LOC and Canfield Partners, LLC. LOC
seeks to parse out the respective alleged liabilities as to each defendant to avoid any confusion in
further pleadings. The proper way to cure any confusion regarding separate causes of action
against two parties in a single count is to file a request to revise. Rowe v. Godou, 209 Conn. 273,
279 (1988); JFS Landscaping, LLC v. General Motors, LLC, 54 Conn. L. Rptr. 648, *3, 2012
WL 4466321 (2012).
OBJECTION (if any):
DEFENDANT,
LIVE OAK CONTRACTING, LLC
By /s/ William S. Wilson, II
William S. Wilson, II
Robinson & Cole LLP
280 Trumbull Street, Floor 27
Hartford, CT 06103-2205
Tel. No.: (860) 275-8241
Fax. No.: (860) 275-8299
E-mail: wwilson@rc.com
Juris No.: 050604
CERTIFICATION
I certify that: (1) a copy of this document was delivered on January 8, 2024 to all counsel
and self-represented parties of record, listed below; (2) written consent for electronic delivery was
received from all counsel and self-represented parties served electronically; (3) the document
contains no personal identifying information prohibited from disclosure or such information has
been redacted; and (4) the document complies with all applicable rules of procedure.
Steven B. Kaplan
Michelson, Kane, P.C.
Hartford Square North
Ten Columbus Blvd.
Hartford, CT 06106
skaplan@mkrb.com
Peter E. Strniste, Jr.
Gordon & Rees, LLP
95 Glastonbury Blvd, Suite 206
Glastonbury, CT 06033
pstrniste@grsm.com
/s/ William S. Wilson, II
William S. Wilson, II
Document Filed Date
January 08, 2024
Case Filing Date
December 04, 2023
Category
C00 - Contracts - Construction - All other
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DOCKET NO.: FBT-CV-23-6129482-S POWER UNLIMITED, INC. : SUPERIOR COURT : V. : JUDICIAL DISTRICT OF FAIRFIELD : : AT BRIDGEPORT : LIVE OAK CONTRACTING, LLC and : CANFIELD PARTNERS, LLC. : JANUARY 8, 2024 LIVE OAK CONTRACTING, LLC’S REQUEST TO REVISE Pursuant to Practice Book § 10-35 et-seq., the Defendant, Live Oak Contracting, LLC (“LOC”) hereby requests that the Plaintiff, Power Unlimited, Inc., revise its Complaint dated November 21, 2023, as follows: REQUESTED REVISION: PORTION OF PLEADING TO BE REVISED: Count Two in its entirety. REQUESTED REVISION: Plaintiff has improperly styled Count Two to apply to both defendants. LOC requests that the Plaintiff be ordered to Revise Count Two to separate its claim into separate counts as to each defendant. REASON FOR REVISION: Section 10-35 of the Connecticut Practice Book permits a party to file a Request to Revise to separate causes of action which may be united in one complaint when they are improperly combined in one count. Count Two improperly includes separate claims against two separate entities, LOC and Canfield Partners, LLC. LOC seeks to parse out the respective alleged liabilities as to each defendant to avoid any confusion in further pleadings. The proper way to cure any confusion regarding separate causes of action against two parties in a single count is to file a request to revise. Rowe v. Godou, 209 Conn. 273, 279 (1988); JFS Landscaping, LLC v. General Motors, LLC, 54 Conn. L. Rptr. 648, *3, 2012 WL 4466321 (2012). OBJECTION (if any): DEFENDANT, LIVE OAK CONTRACTING, LLC By /s/ William S. Wilson, II William S. Wilson, II Robinson & Cole LLP 280 Trumbull Street, Floor 27 Hartford, CT 06103-2205 Tel. No.: (860) 275-8241 Fax. No.: (860) 275-8299 E-mail: wwilson@rc.com Juris No.: 050604 CERTIFICATION I certify that: (1) a copy of this document was delivered on January 8, 2024 to all counsel and self-represented parties of record, listed below; (2) written consent for electronic delivery was received from all counsel and self-represented parties served electronically; (3) the document contains no personal identifying information prohibited from disclosure or such information has been redacted; and (4) the document complies with all applicable rules of procedure. Steven B. Kaplan Michelson, Kane, P.C. Hartford Square North Ten Columbus Blvd. Hartford, CT 06106 skaplan@mkrb.com Peter E. Strniste, Jr. Gordon & Rees, LLP 95 Glastonbury Blvd, Suite 206 Glastonbury, CT 06033 pstrniste@grsm.com /s/ William S. Wilson, II William S. Wilson, II