Clerk Notice: PELLETIER, DONNA v. BAILEY, JAMES SOLOMON Et Al

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                                deposition of the Defendants, James Solomon Bailey and President and Chief Executive Officer

          of PODS ENTERPRISES, LLC, Kathryn V. Marinello. Further, in recent communications with

          counsel for the defendants, it was stated that the President and Chief Executive Officer of PODS

          ENTERPRISES, LLC, Kathryn V. Marinello would not be produced. Additionally, communication

          from counsel for the defendants noted that a local designee would be produced, however such name has

          not been provided to the plaintiff.

                  Practice Book § 13-14 provides: "(a) If any party has failed to answer interrogatories or to

          answer them fairly, or has intentionally answered them falsely or in a manner calculated to mislead, or

          has failed to respond to requests for production or for disclosure of the existence and contents of an

          insurance policy or the limits thereof, or has failed to submit to a physical or mental examination, or

          has failed to comply with a discovery order made pursuant to Section 13-13, or has failed to comply

          with the provisions of Section 13-15, or has failed to appear and testify at a deposition duly noticed

          pursuant to this chapter, or has failed otherwise substantially to comply with any other discovery order

          made pursuant to Sections 13-6 through 13-11, the judicial authority may, on

                  "(b)    Such orders may include the following:
                  "(1)    The entry of a nonsuit or default against the party failing to comply;
 •                "(2)   The award to the discovering party of the costs of the motion, including a reasonable •
                         attorney's fee;
                  "(3)   The entry of an order that the matters regarding which the discovery was sought or
                  other designated facts shall be taken to be established for the purposes of the action in
                  accordance with the claim of the party obtaining the order;
                  "(4)   The entry of an order prohibiting the party who has failed to comply from
                  introducing designated matters in evidence;
-tj­              "(S)   If the party failing to comply is the plaintiff, the entry of a judgment of dismissal.
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           As stated above, the appropriate sanction against the Defendants is the entry of a default. See

    Practice Book § 13-14(a) (authority to make "such order as justice may require.").

           Alternately, although not justifiable as a lesser remedy under the present circumstances, is the

    entry of an Order to Appear at Deposition of both James Solomon Bailey and President and Chief

    Executive Officer of PODS ENTERPRISES, LLC, Kathryn V. Marinello. Said obstructive

    conduct warrants a default; however, it is the discretion of the court to order such a default. Plaintiff

    seeks a default under the circumstances.

           WHEREFORE, the Plaintiff respectfully requests that the Court order both James Solomon

    Bailey and President and Chief Executive Officer of PODS ENTERPRISES, LLC, Kathryn V.

    Marinello to attend the depositions on April 24, 2024, and/ or continue the May 21, 2024, trial date.

    Without the depositions, plaintiff cannot fully and adequately prepare for the trial scheduled for

    May 21, 2024, and is thereby prejudiced.




                                                    By:
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                                                            214 Main Street
                                                            Hartford, CT 06106
                                                            Juris No.: 304302
                                                            Telephone No.: (860) 527-7044




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                                                CERTIFICATION

       This is to certify that a copy of the foregoing was mailed or electronically delivered on Aprillit, 2024,
       to all counsel and pro se parties of record, to wit. Written consent for electronic delivery was received
       from all counsel and pro se parties of record who were electronic       served:

       Kaitlin A. Bair, Esq.
       Lewis Brisbois Bisgaard & Smith LLP
       185 Asylum Street - Suite 2603
       Hartford, CT 06103

                                                               Alan]. ome
                                                               Comm. of Superior Court




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