On January 23, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Jane Doe Ppa John Doe,
John Doe,
and
Bryan Daley #432048,
Costco Wholesale Corporation,
Dan Dickson,
Resa Wearables Inc.,
for T90 - Torts - All other
in the District Court of New Haven County.
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DOCKET NO.: UWY-CV-20-6052844-S : SUPERIOR COURT
JANE DOE PPA JOHN DOE, ET AL. : J. D. OF WATERBURY
V. : AT WATERBURY
RESA WEARABLES INC., ET AL. : APRIL 30, 2020
MOTION FOR PROTECTIVE ORDER AND OBJECTION
TO DEFENDANTS’ NOTICE OF SERVICE OF REQUEST
FOR PRODUCTION TO PLAINTIFFS
The plaintiffs hereby Move for a Protective Order and object to the Defendants’ Notice
of Service and Request for Production to Plaintiffs dated March 4, 2020. Specifically, in their
notice the defendants, Costco Wholesale Corporation and Dan Dickson seek:
1. A complete copy of the un-redacted police report that you (or
your counsel) have received from the Waterbury Police
Department regarding the incident which forms the basis of
this lawsuit.
As the defendants’ counsel is aware, the plaintiffs’ counsel is in possession of the unredacted
police report. She received it from the State’s Attorney’s Office. However, she is under the
understanding that such report is not allowed to be released to anyone without their permission.
Specifically, when the undersigned’s office received the records the email contained a provision
which stated:
Connecticut Practice Book Section 40-10 provides for all
applicable material furnished by the State’s Attorney’s
Office the following:
(a) Any materials furnished to counsel pursuant to this chapter,
including statements, reports and affidavits disclosed pursuant
MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW
891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519
1
to Section 40-13A, shall be used only for purposes of
conducting such counsel’s side of the case or for the
performance of his or her official duties, and shall be subject
to such other terms and conditions as the judicial authority
may provide. Without the prior approval of the prosecuting
authority or the court, defense counsel and his or her agents
shall not provide copies of materials disclosed pursuant to
Section 40-13A to any person except to persons employed by
defense counsel in connection with the investigation or
defense of the case.
Although, the section specifically applies to criminal cases and criminal defense
attorneys in an abundance of caution the undersigned’s office has taken that to mean absent
prior approval of the court or the prosecuting attorney they are not permitted to release the
unredacted police report. The undersigned has requested permission from the State’s
Attorney’s Office to release it but has not received such permission as of the date of this
pleading. The plaintiffs’ counsel is also sending a copy of this Motion to the State’s Attorney
and Bryan Daley’s defense attorney in the pending criminal matter, so they are apprised of the
developments and situation.
Wherefore, for the foregoing reasons, the plaintiffs’ Motion for Protective Order should
be granted and the Objection sustained.
THE PLAINTIFFS,
By 431770
Chrysten A. Dufour, Esq.
Moore, O'Brien & Foti
MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW
891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519
2
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on April 30, 2020 to all attorneys and self-represented
parties of record and that written consent for electronic delivery was received from all
attorneys and self-represented parties of record who received or will immediately be receiving
electronic delivery.
Stacey Francoline, Esq.
Meehan, Roberts, Turret & Rosenbaum
108 Leigus Road, 1st Floor
Wallingford, CT 06492
Tel. #: 203-294-7800
Email: LMLAWCT@LibertyMutual.com
COUNSEL FOR RESA WEARABLES INC.
Miles Esty, Esq.
Esty & Buckmir LLC
2340 Whitney Avenue
Hamden, CT 06518
Tel. #: 203-248-5678
Email: adeangelo@estyandbuckmir.com
COUNSEL FOR COSTCO WHOLESALE CORPORATION
AND DAN DICKSON
Maureen Platt, Esq.
State's Attorney
Waterbury State's Attorney's Office
400 Grand Street
Waterbury, Ct 06702
Maureen.Platt@ct.gov
Thomas K. Mitchell-Hoffler, Esq.
41 Holmes Avenue
Waterbury, CT 06710
By____431770_______________
Chrysten A. Dufour, Esq.
MOORE, O'BRIEN & FOTI
MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW
891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519
3
Document Filed Date
April 30, 2020
Case Filing Date
January 23, 2020
Category
T90 - Torts - All other
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DOCKET NO.: UWY-CV-20-6052844-S : SUPERIOR COURT JANE DOE PPA JOHN DOE, ET AL. : J. D. OF WATERBURY V. : AT WATERBURY RESA WEARABLES INC., ET AL. : APRIL 30, 2020 MOTION FOR PROTECTIVE ORDER AND OBJECTION TO DEFENDANTS’ NOTICE OF SERVICE OF REQUEST FOR PRODUCTION TO PLAINTIFFS The plaintiffs hereby Move for a Protective Order and object to the Defendants’ Notice of Service and Request for Production to Plaintiffs dated March 4, 2020. Specifically, in their notice the defendants, Costco Wholesale Corporation and Dan Dickson seek: 1. A complete copy of the un-redacted police report that you (or your counsel) have received from the Waterbury Police Department regarding the incident which forms the basis of this lawsuit. As the defendants’ counsel is aware, the plaintiffs’ counsel is in possession of the unredacted police report. She received it from the State’s Attorney’s Office. However, she is under the understanding that such report is not allowed to be released to anyone without their permission. Specifically, when the undersigned’s office received the records the email contained a provision which stated: Connecticut Practice Book Section 40-10 provides for all applicable material furnished by the State’s Attorney’s Office the following: (a) Any materials furnished to counsel pursuant to this chapter, including statements, reports and affidavits disclosed pursuant MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW 891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519 1 to Section 40-13A, shall be used only for purposes of conducting such counsel’s side of the case or for the performance of his or her official duties, and shall be subject to such other terms and conditions as the judicial authority may provide. Without the prior approval of the prosecuting authority or the court, defense counsel and his or her agents shall not provide copies of materials disclosed pursuant to Section 40-13A to any person except to persons employed by defense counsel in connection with the investigation or defense of the case. Although, the section specifically applies to criminal cases and criminal defense attorneys in an abundance of caution the undersigned’s office has taken that to mean absent prior approval of the court or the prosecuting attorney they are not permitted to release the unredacted police report. The undersigned has requested permission from the State’s Attorney’s Office to release it but has not received such permission as of the date of this pleading. The plaintiffs’ counsel is also sending a copy of this Motion to the State’s Attorney and Bryan Daley’s defense attorney in the pending criminal matter, so they are apprised of the developments and situation. Wherefore, for the foregoing reasons, the plaintiffs’ Motion for Protective Order should be granted and the Objection sustained. THE PLAINTIFFS, By 431770 Chrysten A. Dufour, Esq. Moore, O'Brien & Foti MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW 891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519 2 CERTIFICATION I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on April 30, 2020 to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery. Stacey Francoline, Esq. Meehan, Roberts, Turret & Rosenbaum 108 Leigus Road, 1st Floor Wallingford, CT 06492 Tel. #: 203-294-7800 Email: LMLAWCT@LibertyMutual.com COUNSEL FOR RESA WEARABLES INC. Miles Esty, Esq. Esty & Buckmir LLC 2340 Whitney Avenue Hamden, CT 06518 Tel. #: 203-248-5678 Email: adeangelo@estyandbuckmir.com COUNSEL FOR COSTCO WHOLESALE CORPORATION AND DAN DICKSON Maureen Platt, Esq. State's Attorney Waterbury State's Attorney's Office 400 Grand Street Waterbury, Ct 06702 Maureen.Platt@ct.gov Thomas K. Mitchell-Hoffler, Esq. 41 Holmes Avenue Waterbury, CT 06710 By____431770_______________ Chrysten A. Dufour, Esq. MOORE, O'BRIEN & FOTI MOORE, O’BRIEN & FOTI ● ATTORNEYS AT LAW 891 STRAITS TURNPIKE ● MIDDLEBURY, CT 06762 ● TEL. (203) 272-5881 ● JURIS NO. 408519 3