On December 19, 2019 a
Order
was filed
involving a dispute between
Cecilline Sismar,
Guidhavio C. Garzon,
Jehmar Bongcayao,
Jexter D. Generales,
Joseph Decicco Esq As Administrator Of The Estate Of Alexandra May Moreno Castillo,
Joseph Decicco Esq As Administrator Of The Estate Of Analiza Mosquera Penarijo,
Joseph Decicco Esq As Administrator Of The Estate Of Antioco Esguerra Celestial, Jr.,
Joseph Decicco Esq As Administrator Of The Estate Of Apple Jane Abes Celades,
Joseph Decicco Esq As Administrator Of The Estate Of Charlyn Relacion Liwaya,
Joseph Decicco Esq As Administrator Of The Estate Of Christen Joy Ibanez Garzon,
Joseph Decicco Esq As Administrator Of The Estate Of Christine Cajes Alviola,
Joseph Decicco Esq As Administrator Of The Estate Of Desiree Gayle Aperocho Zacarias,
Joseph Decicco Esq As Administrator Of The Estate Of Ellen Joy Dawa Yorsua,
Joseph Decicco Esq As Administrator Of The Estate Of Ian Kiem Porras Adlawan,
Joseph Decicco Esq As Administrator Of The Estate Of Ivan Nebelle Limosnero Roble,
Joseph Decicco Esq As Administrator Of The Estate Of Janine Joy Culipapa Obo,
Joseph Decicco Esq As Administrator Of The Estate Of Jeffrey Cabantingan Sismar,
Joseph Decicco Esq As Administrator Of The Estate Of Jim Benedict Sazon Quimsing,
Joseph Decicco Esq As Administrator Of The Estate Of Jimbo Lupos Limosnero,
Joseph Decicco Esq As Administrator Of The Estate Of Johanie Undagan Matondo,
Joseph Decicco Esq As Administrator Of The Estate Of Jonas Oroyan Basalan,
Joseph Decicco Esq As Administrator Of The Estate Of Joyne Ramayla Pabelonia,
Joseph Decicco Esq As Administrator Of The Estate Of Kurtchin Angela Yumo Bangoy,
Joseph Decicco Esq As Administrator Of The Estate Of Mary Louielyn Maningo Bongcayao,
Joseph Decicco Esq As Administrator Of The Estate Of Mikko Salazar Demafeliz,
Joseph Decicco Esq As Administrator Of The Estate Of Nancy Loyd Olaivar Abad,
Joseph Decicco Esq As Administrator Of The Estate Of Randy Balando Balcao,
Joseph Decicco Esq As Administrator Of The Estate Of Regine Alcano Generales,
Joseph Decicco Esq As Administrator Of The Estate Of Rhenzi Nova Duco Muyco,
Joseph Decicco Esq As Administrator Of The Estate Of Rodderick Cutay Antipuesto,
Joseph Decicco Esq As Administrator Of The Estate Of Roderick Cabugsa Constantinopla,
Joseph Decicco Esq As Administrator Of The Estate Of Rosyl Chavez Montanez,
Joseph Decicco Esq As Administrator Of The Estate Of Shiela Mae Anod Bacaling,
Joseph Decicco Esq As Administrator Of The Estates,
Mostes B. Castillo,
Sylvester B. Celades,
and
Christopher Mark Fanning,
David Ian Weatherseed,
Dynata, Llc F K A Survey Sampling International, Llc,
for T12 - Torts - Defective Premises - Public - Other
in the District Court of New Haven County.
Preview
X06-UWY-CV-20-6052136-S : SUPERIOR COURT
:
JOSEPH DECICCO, ESQ., as : COMPLEX LITIGATION DOCKET
ADMINISTRATOR, ET AL. :
: AT WATERBURY
v. :
:
DYNATA, LLC, ET AL. : MARCH 20, 2020
DEFENDANTS' MOTION TO DISMISS UNDER
THE DOCTRINE OF FORUM NON CONVENIENS
Defendants Dynata LLC f/k/a Survey Sampling International, LLC ("Dynata"),
Christopher Mark Fanning ("Fanning") and David Ian Weatherseed ("Weatherseed")(sometimes
hereinafter collectively “Defendants”) respectfully move the Court to exercise its discretion to
dismiss1 this action pursuant to the common law doctrine of forum non conveniens, as the only
proper, appropriate and sensible forum for the adjudication of the claims in this action is a court
within the Philippines.
The grounds and evidence supporting the relief sought herein by Defendants is more
particularly set forth in Defendants' Memorandum of Law in Support of Motion to Dismiss for
Forum Non Conveniens and the supporting Affidavit of Philippine Attorney Francisco E. Lim
and exhibits filed along herewith.
1
Defendant's present motion is not a pleading motion made pursuant to PRACTICE BOOK §
10-30 in that the Connecticut Supreme Court has previously clarified that that PRACTICE BOOK
§§ 10–30 and 10–32 are inapplicable to forum non conveniens motions to dismiss because, inter
alia, such a motion does not contest the court's jurisdiction. See e.g., Durkin v. Intevac, Inc., 258
Conn. 454, 480 (2001)(since it is not considered a pleading motion, a motion to dismiss based on
the doctrine of forum non conveniens is not untimely even if it is filed more than 30 days after a
defendant's initial appearance and after the defendant has already filed a Request to Revise).
Here, like in Durkin, except sooner, Defendants are simultaneously filing a Request to Revise as
their first initial pleading.
WHEREFORE, for all the foregoing reasons, this action should be dismissed pursuant to
the common law doctrine of forum non conveniens, along with such other, further and different
relief as the Court deems just, equitable and proper.
Dated: March 20, 2020 THE DEFENDANTS
DYNATA, LLC, CHRISTOPHER MARK
FANNING and DAVID WEATHERSEED
By:
James E. Nealon
WITHERS BERGMAN LLP
660 Steamboat Road
Greenwich, Connecticut 06830
Ph: (203) 302-4078
Fax: (203) 302-6611
Email: james.nealon@withersworldwide.com
Juris No. 003712
-- and --
Edward P. Gibbons (pro hac vice)
Walker Wilcox Matousek LLP
1 North Franklin Street, Suite 3200
Chicago, Illinois 60606
Ph: (312) 244-6744
Fax: (312) 244-6700
Email: egibbons@walkerwilcox.com
Juris No. 441385
CERTIFICATION OF SERVICE
I hereby certify that a copy of the foregoing Defendants' Motion to Dismiss for Forum
Non Conveniens was served on March 20, 2020 via email to the following counsel of record at
the email addresses below:
James F. Sullivan, Esq.
Robert P. Fitzgerald, Esq.
HOWARD, KOHN, SPRAGUE
& FitzGerald, LLP
237 Buckingham Street,
P.O. Box 261798
Hartford, CT 06106
Email: jfs@hksflaw.com
rpf@hkslaw.com
-- and --
Thomas P. Routh, Esq.
Welson T. Chu, Esq.
Nolan Law Group
20 North Clark Street, 20th Floor
Chicago, Illinois 60602
tpr@nolan-law.com
wtc@nolan-law.com
James E. Nealon
Document Filed Date
March 20, 2020
Case Filing Date
December 19, 2019
Category
T12 - Torts - Defective Premises - Public - Other
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Preview
X06-UWY-CV-20-6052136-S : SUPERIOR COURT : JOSEPH DECICCO, ESQ., as : COMPLEX LITIGATION DOCKET ADMINISTRATOR, ET AL. : : AT WATERBURY v. : : DYNATA, LLC, ET AL. : MARCH 20, 2020 DEFENDANTS' MOTION TO DISMISS UNDER THE DOCTRINE OF FORUM NON CONVENIENS Defendants Dynata LLC f/k/a Survey Sampling International, LLC ("Dynata"), Christopher Mark Fanning ("Fanning") and David Ian Weatherseed ("Weatherseed")(sometimes hereinafter collectively “Defendants”) respectfully move the Court to exercise its discretion to dismiss1 this action pursuant to the common law doctrine of forum non conveniens, as the only proper, appropriate and sensible forum for the adjudication of the claims in this action is a court within the Philippines. The grounds and evidence supporting the relief sought herein by Defendants is more particularly set forth in Defendants' Memorandum of Law in Support of Motion to Dismiss for Forum Non Conveniens and the supporting Affidavit of Philippine Attorney Francisco E. Lim and exhibits filed along herewith. 1 Defendant's present motion is not a pleading motion made pursuant to PRACTICE BOOK § 10-30 in that the Connecticut Supreme Court has previously clarified that that PRACTICE BOOK §§ 10–30 and 10–32 are inapplicable to forum non conveniens motions to dismiss because, inter alia, such a motion does not contest the court's jurisdiction. See e.g., Durkin v. Intevac, Inc., 258 Conn. 454, 480 (2001)(since it is not considered a pleading motion, a motion to dismiss based on the doctrine of forum non conveniens is not untimely even if it is filed more than 30 days after a defendant's initial appearance and after the defendant has already filed a Request to Revise). Here, like in Durkin, except sooner, Defendants are simultaneously filing a Request to Revise as their first initial pleading. WHEREFORE, for all the foregoing reasons, this action should be dismissed pursuant to the common law doctrine of forum non conveniens, along with such other, further and different relief as the Court deems just, equitable and proper. Dated: March 20, 2020 THE DEFENDANTS DYNATA, LLC, CHRISTOPHER MARK FANNING and DAVID WEATHERSEED By: James E. Nealon WITHERS BERGMAN LLP 660 Steamboat Road Greenwich, Connecticut 06830 Ph: (203) 302-4078 Fax: (203) 302-6611 Email: james.nealon@withersworldwide.com Juris No. 003712 -- and -- Edward P. Gibbons (pro hac vice) Walker Wilcox Matousek LLP 1 North Franklin Street, Suite 3200 Chicago, Illinois 60606 Ph: (312) 244-6744 Fax: (312) 244-6700 Email: egibbons@walkerwilcox.com Juris No. 441385 CERTIFICATION OF SERVICE I hereby certify that a copy of the foregoing Defendants' Motion to Dismiss for Forum Non Conveniens was served on March 20, 2020 via email to the following counsel of record at the email addresses below: James F. Sullivan, Esq. Robert P. Fitzgerald, Esq. HOWARD, KOHN, SPRAGUE & FitzGerald, LLP 237 Buckingham Street, P.O. Box 261798 Hartford, CT 06106 Email: jfs@hksflaw.com rpf@hkslaw.com -- and -- Thomas P. Routh, Esq. Welson T. Chu, Esq. Nolan Law Group 20 North Clark Street, 20th Floor Chicago, Illinois 60602 tpr@nolan-law.com wtc@nolan-law.com James E. Nealon