On April 21, 2021 a
Order
was filed
involving a dispute between
Nancy Burton,
and
Bryan Hurlburt,Commissioner,Ct Dept Of Agriculture,
Building Department, Town Of Redding Ct,
Charles Dellarocco, Animal Control Officer,Ct Dept. Of Agriculture,
David Philip Mason,
Dennis Gibbon,
Department Of Agriculture,State Of Connecticut,
Elinore Carmody,
Health Department,Town Of Redding Ct Town Hall,Redding,
Julia Pemberton First Selectman,Town Or Redding,
Mark O'Donnell Chief Of Police,
Police Department,Town Of Redding Ct Town Hall,
Susan Winters,
Town Of Redding,Connecticut C O Town Clerk,
for M00 - Misc - Injunction
in the District Court of New Haven County.
Preview
STATE OF CONNECTICUT
Docket NO.: (X06) UWY-CV21-5028294-S
NANCY BURTON, SUPERIOR COURT
Plaintiff,
COMPLEX LITIGATION DOCKET
v.
AT WATERBURY
DAVID PHILIP MASON, ET AL.
Defendants.
July 14, 2021
DEFENDANT DAVID MASON’S SPECIAL MOTION TO DISMISS
THE SECOND AMENDED COMPLAINT
For all the same reasons articulated in Defendant David Philip Mason’s (“Mason”) special
motion to dismiss (#117.00) the Plaintiff Nancy Burton’s (“Plaintiff”) original Complaint, Mason
now files this special motion to dismiss the Plaintiff’s Second Amended Complaint (#120.00) in
its entirety and to recover costs and reasonable attorneys’ fees pursuant to Connecticut General
Statutes § 52-196a.
All of the arguments asserted in Mason’s special motion to dismiss the Complaint
(#117.00) and the memorandum of law in support of his special motion to dismiss (#118.00) apply
to the additional counts asserted in the Plaintiff’s Second Amended Complaint including negligent
infliction of emotional distress, conversion, intentional spoliation of evidence, deprivation of equal
protection rights, and an additional count of invasion of privacy because the Second Amended
Complaint does not alter the retaliatory nature of the Plaintiff’s action against Mason.1
None of these additional counts have merit and like the prior counts, they seek to retaliate
against Mason for exercising his rights protected by the Connecticut anti-SLAPP statute. While
1
Mason hereby incorporates by reference the arguments asserted in his special motion to dismiss (#117.00)
and his memorandum of law in support of his special motion to dismiss (#118.00) and applies them to all Counts in
the Second Amended Complaint.
1
2898671_1
the Plaintiff’s First and Second Amended Complaints assert additional counts against Mason and
the other Defendants, the operative standard of review does not change. As set forth in Mason’s
memorandum of law in support of his special motion to dismiss, each and every Count asserted by
the Plaintiff in the Complaint, the First Amended Complaint, and the Second Amended Complaint
are based on Mason’s exercise of rights protected under C.G.S. § 52-196a, namely the rights to
petition the government and to free association in connection with a matter of public concern, and
the Plaintiff cannot show probable cause that she will prevail upon the merits of her claims against
Mason.2
Therefore, the Plaintiff’s Second Amended Complaint must be dismissed in its entirety
pursuant to C.G.S. § 52-196a(e)(3) and Mason must be awarded costs and reasonable attorneys’
fees pursuant to C.G.S. § 52-196a(f)(1).
Defendant,
David Mason
By his attorney,
________________________________________
Robert S. Hillson II (BBO #441402)
Rubin and Rudman LLP
53 State Street
Boston, MA 02109
(617) 330-7000
rhillson@rubinrudman.com
2
Additionally, Mason incorporates and adopts the arguments set forth by the co-defendants in their respective
motions to dismiss the Plaintiff’s Complaint.
2
2898671_1
CERTIFICATE OF SERVICE
I, Robert S. Hillson II, Esq. counsel for the Defendant David Mason do hereby certify that
on this 14th day of July 2021 I caused to be served a true copy of the foregoing document(s) via
e-mail to the following counsel and pro se parties of record.
Nancy Burton Steven J. Stafstrom, Jr., Esq.
154 Highland Avenue Pullman & Comley, LLC
Rowayton, CT 06853 850 Main Street, P.O. Box 7006
(203) 313-1510 Bridgeport, CT 06601
nancyburtonct@aol.com sstafstrom@pullcom.com
James N. Tallberg, Esq. Jonathan E. Harding, Esq.
Karsten & Tallberg, LLC Matthew I. Levine, Esq.
500 Enterprise Drive, Suite 4B AG-Environmental
Rocky Hill, CT 06067 165 Capitol Ave., 5th Floor
jtallberg@kt-lawfirm.com Hartford, CT 06106
jonathan.harding@ct.gov
matthew.levine@ct.gov
Philip T. Newbury, Jr., Esq.
Kristan M. Jakiela, Esq.
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114-1121
pnewbury@hl-law.com
kjakiela@hl-law.com
________________________________________
Robert S. Hillson II, Esq.
3
2898671_1
Related Content
in New Haven County
Preview
STATE OF CONNECTICUT Docket NO.: (X06) UWY-CV21-5028294-S NANCY BURTON, SUPERIOR COURT Plaintiff, COMPLEX LITIGATION DOCKET v. AT WATERBURY DAVID PHILIP MASON, ET AL. Defendants. July 14, 2021 DEFENDANT DAVID MASON’S SPECIAL MOTION TO DISMISS THE SECOND AMENDED COMPLAINT For all the same reasons articulated in Defendant David Philip Mason’s (“Mason”) special motion to dismiss (#117.00) the Plaintiff Nancy Burton’s (“Plaintiff”) original Complaint, Mason now files this special motion to dismiss the Plaintiff’s Second Amended Complaint (#120.00) in its entirety and to recover costs and reasonable attorneys’ fees pursuant to Connecticut General Statutes § 52-196a. All of the arguments asserted in Mason’s special motion to dismiss the Complaint (#117.00) and the memorandum of law in support of his special motion to dismiss (#118.00) apply to the additional counts asserted in the Plaintiff’s Second Amended Complaint including negligent infliction of emotional distress, conversion, intentional spoliation of evidence, deprivation of equal protection rights, and an additional count of invasion of privacy because the Second Amended Complaint does not alter the retaliatory nature of the Plaintiff’s action against Mason.1 None of these additional counts have merit and like the prior counts, they seek to retaliate against Mason for exercising his rights protected by the Connecticut anti-SLAPP statute. While 1 Mason hereby incorporates by reference the arguments asserted in his special motion to dismiss (#117.00) and his memorandum of law in support of his special motion to dismiss (#118.00) and applies them to all Counts in the Second Amended Complaint. 1 2898671_1 the Plaintiff’s First and Second Amended Complaints assert additional counts against Mason and the other Defendants, the operative standard of review does not change. As set forth in Mason’s memorandum of law in support of his special motion to dismiss, each and every Count asserted by the Plaintiff in the Complaint, the First Amended Complaint, and the Second Amended Complaint are based on Mason’s exercise of rights protected under C.G.S. § 52-196a, namely the rights to petition the government and to free association in connection with a matter of public concern, and the Plaintiff cannot show probable cause that she will prevail upon the merits of her claims against Mason.2 Therefore, the Plaintiff’s Second Amended Complaint must be dismissed in its entirety pursuant to C.G.S. § 52-196a(e)(3) and Mason must be awarded costs and reasonable attorneys’ fees pursuant to C.G.S. § 52-196a(f)(1). Defendant, David Mason By his attorney, ________________________________________ Robert S. Hillson II (BBO #441402) Rubin and Rudman LLP 53 State Street Boston, MA 02109 (617) 330-7000 rhillson@rubinrudman.com 2 Additionally, Mason incorporates and adopts the arguments set forth by the co-defendants in their respective motions to dismiss the Plaintiff’s Complaint. 2 2898671_1 CERTIFICATE OF SERVICE I, Robert S. Hillson II, Esq. counsel for the Defendant David Mason do hereby certify that on this 14th day of July 2021 I caused to be served a true copy of the foregoing document(s) via e-mail to the following counsel and pro se parties of record. Nancy Burton Steven J. Stafstrom, Jr., Esq. 154 Highland Avenue Pullman & Comley, LLC Rowayton, CT 06853 850 Main Street, P.O. Box 7006 (203) 313-1510 Bridgeport, CT 06601 nancyburtonct@aol.com sstafstrom@pullcom.com James N. Tallberg, Esq. Jonathan E. Harding, Esq. Karsten & Tallberg, LLC Matthew I. Levine, Esq. 500 Enterprise Drive, Suite 4B AG-Environmental Rocky Hill, CT 06067 165 Capitol Ave., 5th Floor jtallberg@kt-lawfirm.com Hartford, CT 06106 jonathan.harding@ct.gov matthew.levine@ct.gov Philip T. Newbury, Jr., Esq. Kristan M. Jakiela, Esq. Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114-1121 pnewbury@hl-law.com kjakiela@hl-law.com ________________________________________ Robert S. Hillson II, Esq. 3 2898671_1