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DOCKET NO. NNH-CV22-6125923-S : SUPERIOR COURT
CARLA COUVERTIER, ET AL. : J.D. OF NEW HAVEN
V. : AT NEW HAVEN
JAYLYN ESTRADA, ET AL : MARCH 13, 2024
MOTION FOR NONSUIT
Pursuant to § 13-14 et seq. of the Connecticut Rules of Practice, the Defendant ARIANA
HERNANDEZ, hereby respectfully moves this Honorable Court to enter a judgment of nonsuit
against the Plaintiffs, CARLA COUVERTIER, ALEANNIE RIVERA, and LUIS JORGE-
COUVERTIER, for their complete failure to comply with Discovery. With less than one month
before Jury Selection is set to begin, Plaintiffs have produced no responses to Interrogatories or
Requests for Production, and have failed to appear for Depositions, despite multiple motions and
letters sent to Plaintiff’s counsel.
This action was commenced by Plaintiff on August 17, 2022, and Defendant Ariana
Hernandez was brought into the case per Plaintiff’s Amended Complaint filed on November 15,
2022. On January 19, 2023, the Defendant Ariana Hernandez served standard motor vehicle
discovery on all three Plaintiffs (#113.00, #114.00 and #115.00). On February 23, 2023, Defendant
requested permission of the Court to serve non-standard (diminished value) discovery on Plaintiff
Luis Jorge-Covertier, and the Court granted the request on September 18, 2023.
On October 26, 2023, the Defendant Ariana Hernandez filed a Motion for Order of
Compliance as no compliance had been received from any of the Plaintiffs, despite good faith letters
LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET
P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308
sent to Plaintiff’s counsel on July 5, 2023 and October 17, 2023 (Exhibit A). Further, no motions
for extension of time had been filed by the Plaintiffs. On February 5, 2024, Judge Stewart
ordered all three Plaintiffs to provide discovery compliance on or before February 26, 2024,
and further stated, “If the moving party does not received compliance by that date, the
moving party may file a motion for sanctions pursuant to Practice Book Section 13-14 that
refers to this order. Absent proof of compliance on file before the motion appears on this
short calendar or a finding by this court of good cause for any non-compliance, sanctions
will be ordered.”
Defense represents that no compliance has been received to date and none of the Plaintiffs
have filed a Notice of Compliance.
Additionally, Plaintiff Luis Jorge-Couvertier has failed to respond to non-standard
Interrogatories and Requests for Production served on September 28, 2023 (#121.00). The
responses are more than three months overdue. A motion for order of compliance regarding the
non-standard discovery is pending (#123.00).
Further, the Plaintiffs have each been served with Deposition notices at least four times,
with Depositions scheduled for May 30, 2023; September 6, 2023; October 17, 2023; and February
1, 2024. Plaintiff counsel’s office cancelled the September 6, 2023 depositions and we called off the
other dates because we had not received any discovery from the Plaintiffs. Plaintiff Carla Couvertier
has additionally been noticed for a Deposition to take place on March 15, 2024.
The Plaintiffs were served standard discovery requests nearly 14 months ago. More than a
month has passed since the Court’s deadline for compliance, yet none of the Plaintiffs have
LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET
P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308
complied. Plaintiff Luis Jorge-Couvertier’s diminished value discovery is more than three months
overdue. Trial herein is scheduled to commence jury selection on April 4, 2024, which is
approximately three weeks away. The Plaintiffs’ complete failure to engage in discovery in good
faith is egregious and the resulting prejudice to the Defendant is clear.
WHEREFORE, the Defendant respectfully moves this Honorable Court to enter a
judgment of nonsuit against the Plaintiffs for their continuous and ongoing willful failure to engage
in discovery in good faith and their complete derogation of this Court’s February 5, 2024, Order.
THE DEFENDANT,
ARIANA HERNANDEZ
By /s/441955
Lawrence Gallina
Law Offices of Meehan, Di Palma, Roberts &
Turret
Tel. # 203-294-7800
Juris # 408308
LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET
P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308
CERTIFICATION
This is to certify that all personal identifying information was redacted pursuant to
Practice Book Section 4-7. This will further certify the foregoing was mailed via U.S. Mail, postage
pre-paid or electronically delivered pursuant to Practice Book Section 10-14 on this 13th day of
March, 2024.
Attorney for Plaintiffs
Ramiro Alcazar, Esq.
Law Office of Ramiro Alcazar, LLC
P O. Box 755
26 Edgewood Street
Meriden, CT 06450
SENT VIA EMAIL: alcazar.immigration@gmail.com
/s/441995
Lawrence Gallina
Commissioner of the Superior Court
LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET
P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308
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DOCKET NO. NNH-CV22-6125923-S : SUPERIOR COURT CARLA COUVERTIER, ET AL. : J.D. OF NEW HAVEN V. : AT NEW HAVEN JAYLYN ESTRADA, ET AL : MARCH 13, 2024 MOTION FOR NONSUIT Pursuant to § 13-14 et seq. of the Connecticut Rules of Practice, the Defendant ARIANA HERNANDEZ, hereby respectfully moves this Honorable Court to enter a judgment of nonsuit against the Plaintiffs, CARLA COUVERTIER, ALEANNIE RIVERA, and LUIS JORGE- COUVERTIER, for their complete failure to comply with Discovery. With less than one month before Jury Selection is set to begin, Plaintiffs have produced no responses to Interrogatories or Requests for Production, and have failed to appear for Depositions, despite multiple motions and letters sent to Plaintiff’s counsel. This action was commenced by Plaintiff on August 17, 2022, and Defendant Ariana Hernandez was brought into the case per Plaintiff’s Amended Complaint filed on November 15, 2022. On January 19, 2023, the Defendant Ariana Hernandez served standard motor vehicle discovery on all three Plaintiffs (#113.00, #114.00 and #115.00). On February 23, 2023, Defendant requested permission of the Court to serve non-standard (diminished value) discovery on Plaintiff Luis Jorge-Covertier, and the Court granted the request on September 18, 2023. On October 26, 2023, the Defendant Ariana Hernandez filed a Motion for Order of Compliance as no compliance had been received from any of the Plaintiffs, despite good faith letters LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308 sent to Plaintiff’s counsel on July 5, 2023 and October 17, 2023 (Exhibit A). Further, no motions for extension of time had been filed by the Plaintiffs. On February 5, 2024, Judge Stewart ordered all three Plaintiffs to provide discovery compliance on or before February 26, 2024, and further stated, “If the moving party does not received compliance by that date, the moving party may file a motion for sanctions pursuant to Practice Book Section 13-14 that refers to this order. Absent proof of compliance on file before the motion appears on this short calendar or a finding by this court of good cause for any non-compliance, sanctions will be ordered.” Defense represents that no compliance has been received to date and none of the Plaintiffs have filed a Notice of Compliance. Additionally, Plaintiff Luis Jorge-Couvertier has failed to respond to non-standard Interrogatories and Requests for Production served on September 28, 2023 (#121.00). The responses are more than three months overdue. A motion for order of compliance regarding the non-standard discovery is pending (#123.00). Further, the Plaintiffs have each been served with Deposition notices at least four times, with Depositions scheduled for May 30, 2023; September 6, 2023; October 17, 2023; and February 1, 2024. Plaintiff counsel’s office cancelled the September 6, 2023 depositions and we called off the other dates because we had not received any discovery from the Plaintiffs. Plaintiff Carla Couvertier has additionally been noticed for a Deposition to take place on March 15, 2024. The Plaintiffs were served standard discovery requests nearly 14 months ago. More than a month has passed since the Court’s deadline for compliance, yet none of the Plaintiffs have LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308 complied. Plaintiff Luis Jorge-Couvertier’s diminished value discovery is more than three months overdue. Trial herein is scheduled to commence jury selection on April 4, 2024, which is approximately three weeks away. The Plaintiffs’ complete failure to engage in discovery in good faith is egregious and the resulting prejudice to the Defendant is clear. WHEREFORE, the Defendant respectfully moves this Honorable Court to enter a judgment of nonsuit against the Plaintiffs for their continuous and ongoing willful failure to engage in discovery in good faith and their complete derogation of this Court’s February 5, 2024, Order. THE DEFENDANT, ARIANA HERNANDEZ By /s/441955 Lawrence Gallina Law Offices of Meehan, Di Palma, Roberts & Turret Tel. # 203-294-7800 Juris # 408308 LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308 CERTIFICATION This is to certify that all personal identifying information was redacted pursuant to Practice Book Section 4-7. This will further certify the foregoing was mailed via U.S. Mail, postage pre-paid or electronically delivered pursuant to Practice Book Section 10-14 on this 13th day of March, 2024. Attorney for Plaintiffs Ramiro Alcazar, Esq. Law Office of Ramiro Alcazar, LLC P O. Box 755 26 Edgewood Street Meriden, CT 06450 SENT VIA EMAIL: alcazar.immigration@gmail.com /s/441995 Lawrence Gallina Commissioner of the Superior Court LAW OFFICES OF MEEHAN, DI PALMA, ROBERTS & TURRET P.O. BOX 6835, SCRANTON, PA 18505-6840 (203) 294-7800 JURIS NO. 408308