Order: BURTON,NANCY v. MASON,DAVID PHILIP

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                                UWY-CV-21-5028294-S

‘NANCY BURTON : SUPERIOR COURT
: JUDICIAL DISTRICT
V. : OF WATERBURY

DAVID PHILIP MASON :
ETAL. : AUGUST 16, 2021

PLAINTIFF’S SECOND MOTION FOR LEAVE TO ENGAGE IN LIMITED DISCOVERY
RE: SPECIAL MOTION TO DISMISS PURSUANT TO CONN. GEN. STAT. §52-196a

 

Plaintiff Nancy Burton moves herewith for leave to engage in limited discovery
directed to defendants David Philip Mason, Elinore Carmody and Dennis Gibbons in
accordance with the provisions of Conn. Gen. Stat. §52-196a(d)."

Conn. Gen. Stat. §52-196a(a)(5) authorizes a defendant in a civil action “that is!
based on the opposing party’s exercise of its right of free speech, right to petition the
government or right of association under the Constitution of the United States or the,
Constitution of the state in connection with a matter of public concern to “file a special
motion to dismiss the complaint. . .”

Conn. Gen. Stat. §52-196a(d) provides in pertinent part as follows:

. . the court, upon motion of a party and a showing of good cause, or upon its
own motion, may order specified and limited discovery relevant to the special
motion to dismiss.

Plaintiff demonstrates hereinbelow good cause for allowance of the limited
discovery, as follows:

1. Off and on, for a period of approximately two to three years, Defendants Mason]
Carmody and Gibbons, plaintiff's neighbors to the east and south, have displayed
“For Sale” signs on their properties.

2. Defendants Carmody/Gibbons’ sign was taken down some months ago;
Defendant Mason's sign has recently come down.

3. On or about July 20, 2021, plaintiff found in her mailbox a picture post card
announcing the sale of the Mason property at 146 Cross Highway, Redding,
Connecticut (‘JUST SOLD!”) for $1,375,000 or approximately 3.5 times its
purchase price of $354,000 by Mason in 2010.

4. The back side of the post card contains the following statement:

1 On July 2, 2021, plaintiff filed her initial Motion for Leave to Engage in Limited

Discovery Re: Special Motion[s] to Dismiss Pursuant to Conn. Gen. Stat, §52-196a]“Not every sale is quick and painless, some are long and bring forth obstacles.
But all are rewarding nonetheless. 146 Cross Highway was the latter because of
circumstances beyond the sellers [sic] control, but in the end we achieved the
desired result: a smooth sale to some special buyers!”

. Plaintiff was pursuing various Superior Court civil actions to protect her goats and
her rights to keep on her property while Defendants Mason and
Carmody/Gibbons were displaying their “For Sale” signs.

. Upon information and belief, impatient with the course of the civil court
proceedings to which he could have sought status as an intervening party and
thereby sought to influence the outcome of the proceedings in a manner
consistent with law, but chose not to, and anxious to sell his property at the
highest possible price during the COVID-19 pandemic when real estate prices in
Redding and elsewhere were inflated by virtue of the pandemic, Defendants
Mason, Carmody and Gibbons applied pressure and influence upon various state
and municipal officials, directly and indirectly, to have Plaintiff arrested under
spurious charges, her goats seized illegally under a bogus pretext and placed in
confinement under deplorable conditions such that at least six of her goats have
died to date, and her home invaded by various state and municipal personnel and
personal property stolen and rifled through in an egregious and flagrant violation
of her fundamental Fourth Amendment right to the privacy of her home and
freedom from illegal search and seizure without probable cause, and to obtain
their own immunity from arrest for deliberate acts of cruelty to Plaintiff's goats.

. Additionally, upon information and belief, Defendants Mason, Carmody and
Gibbons applied pressure and influence, directly and indirectly, upon various
state and municipal officials and personnel to purport to restrict Plaintiff from
future ownership and care of animals despite her personal and legal right to own
and care for animals.

. Plaintiff was unaware of the extent of Defendant Mason’s power and influence
over Plaintiff's personal rights and liberties as set forth hereinabove at
paragraphs 6 and 7, until after commencement of the instant litigation and, more
particularly, after her receipt of the postcard in her mailbox concerning his recent
sale of 146 Cross Highway in a transaction the real estate agent described as
“smooth.” .

. Therefore, Plaintiff seeks through this motion to engage in limited discovery to
ascertain (a) what conditions were attached to Defendant Mason's recent sale of
his 146 Cross Highway property, stated or unstated, as related to Plaintiff's
property, her goats, her home and her personal affairs; and (b) if Defendants
Carmody and Gibbons have sold their property at 135 Cross Highway, Redding,
Connecticut, or, if not, what conditions were attached to the sale or are proposed
to be attached to a prospective sale of such property, stated or unstated, as
related to Plaintiff's property, her goats, her home and her personal affairs.THE PLAINTIFF

Nanc\

147 Cross Highway
Redding CT 06896
Tel. 203-313-1510

NancyBurtonCT@aol.com

ORDER
The foregoing motion having been heard, it is hereby ORDERED
GRANTED/DENIED

BY THE COURT
JUDGE/CLERK

CERTIFICATION

This is to certify that a copy of the foregoing was mailed electronically pursuant
to Practice Book §10-13 on August 16, 2021 to all counsel of record.

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