Motion,Ex Parte: PENNA, JASON v. TRANQUILLO, ANGELO G. Et Al

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                                DOCKET NO: AAN-CV21-6041868-S                          :       SUPERIOR COURT

JASON PENNA                                            :       J.D. OF ANSONIA/MILFORD

VS.                                                    :       AT MILFORD

ANGELO G. TRANQUILLO AND
MORTGAGE ELECTRONIC REGISTRATION                       :
SYSTEMS, INC. as NOMINEE FOR
HOMEBRIDGE
FINANCIAL SERVICES, INC.                               :       FEBRUARY 29, 2024




                      DEFENDANT’S OBJECTION TO PLAINTIFF’S
                       MOTION FOR DEFAULT AND SANCTIONS

       The defendant respectfully objects to the plaintiff’s Motion for Order dated February 21,

2024 (No. 142.00.). In support thereof, it is admitted that depositions were noticed for February

20, 2024. Unfortunately, defense counsel got a notice for a hearing on the same date as well as a

deposition for a case which begins trial this month. Defense counsel attempted to get coverage

and was unsuccessful in securing coverage in the office. For that reason, defense counsel had to

notify plaintiff’s counsel that the depositions could not go forward on February 20th. In the e-

mail to plaintiff’s counsel, defense counsel indicated that if there was a cost for late cancellation

for the court reporter that this office would cover said cost. More importantly, defense counsel

provided an alternative date of March 8, 2024. Rather than responding to the offered date,

plaintiff’s counsel filed the Motion for Order at issue.

       Respectfully, as this court well knows, court dates are assigned often without any input

from the attorneys involved in the case. As attempted to be explained to plaintiff’s counsel,

unfortunately, a court date was assigned for February 20th. Again, defense counsel attempted to

secure coverage and was unsuccessful and therefore had no choice but to cancel the depositions.
Again, defense counsel offered to cover the costs if there was such a cost for a late cancellation

and further offered up March 8th as an opportunity to take the depositions. Again, rather than

attempting to work out this issue, plaintiff’s counsel filed this motion.

         Respectfully, the defendant asks that the Motion for Order be denied. In the alternative,

we ask that we be allowed to provide a date in which the depositions can take place. In fact, we

are ready and prepared to do the depositions on a weekend if that is what is required between

both attorneys’ court calendars. Again, respectfully, the defendant objects to this Motion for

Order.



                                               THE DEFENDANT
                                               ANGELO TRANQUILLO

                                                /s/ Patrick M. Mullins
                                               Patrick M. Mullins, Esq.
                                               COTTER, COTTER & MULLINS, LLC
                                               6515 Main Street, Second Floor
                                               Trumbull, CT 06611
                                               Telephone: (203) 331-0774
                                               Juris No. 414935
                 ORDER

The foregoing Objection is hereby:

                               SUSTAINED/OVERRULED




                               Clerk/Judge
                                       CERTIFICATION
       This is to certify that a copy of the foregoing was electronically filed and/or mailed,
postage prepaid, on February 29, 2024 to the following counsel of record and pro se parties:



           Francis Lieto, Esq.
           Goldman Gruder Woods, LLC
           105 Technology Drive
           Trumbull, CT 06611
           flieto@goldmangruderwoods.com
           STeixeira@goldgru.com

           BENDETT & MCHUGH PC
           270 FARMINGTON AVENUE
           SUITE 151
           FARMINGTON, CT 06032
           WDziedzic@bmpc-law.com




                                                /s/ Patrick M. Mullins
                                               Patrick M. Mullins