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DOCKET NO. X07-HHD-CV-19-6109896-S : SUPERIOR COURT
:
BARASH, SUSAN SHAPIRO, TRUSTEE, : COMPLEX LITIGATION DOCKET
ET AL. :
:
VS. : AT HARTFORD
:
RUBINOW, LAURENCE P., ET AL : MAY 4, 2021
DOCKET NO. X07-HHD-CV-18-6096025-S : SUPERIOR COURT
:
BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET
ET AL. :
: AT HARTFORD
VS. :
:
RUBINOW, LAURENCE P., ET AL. : MAY 4, 2021
DOCKET NO. X07-HHD-CV-18-6096422-S : SUPERIOR COURT
:
BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET
ET AL. :
: AT HARTFORD
VS. :
:
RUBINOW, LAURENCE P., ET AL. : MAY 4, 2021
DOCKET NO. X07-HHD-CV-18-6101376-S : SUPERIOR COURT
:
RUBINOW, LAURENCE P., EXECUTOR OF, : COMPLEX LITIGATION DOCKET
THE ESTATE OF RICHARD RIPPS :
: AT HARTFORD
VS. :
:
BARASH, SUSAN SHAPIRO, CO-TRUSTEE, :
ET AL. : MAY 4, 2021
DOCKET NO. X07-HHD-CV-18-6101388-S : SUPERIOR COURT
:
BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET
ET AL. :
: AT HARTFORD
VS. :
:
RUBINOW, LAURENCE P., ET AL. : May 4, 2021
DOCKET NO. X07-HHD-CV-18-6091749-S : SUPERIOR COURT
:
BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET
ET AL. :
: AT HARTFORD
VS. :
:
LEMBO, BARBARA : MAY 4, 2021
JOINT MOTION TO MODIFY SCHEDULE
The Parties in the above-captioned consolidated cases 1 respectfully request that the Court
modify the remaining briefing schedule for summary judgment and the pre-trial schedule.
Pursuant to the Court’s scheduling order (HHD-CV19-6109896-S, Dkt. No. 150.86), motions for
summary judgment were filed on April 21, 2021. The following motions were filed:
Plaintiffs’ Motion for Summary Judgment as to Laurence Rubinow and McCarter &
English, LLP (HHD-CV19-6109896-S, Dkt. No. 155.00);
Plaintiffs’ Motion for Summary Judgment as to Barbara Lembo (HHD-CV18-6091749-S,
Dkt. No. 135.00);
Defendant Barbara Lembo’s Motion for Summary Judgment (HHD-CV18-6091749-S,
Dkt. No. 133.00);
1
This case is consolidated with the four pending probate appeals regarding various decrees that were
made by the Probate Court concerning the Ripps Estate, which are: Susan Barash, Co-Trustee of The
Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket
No. XO7-HHD-CV-18-6096025-S (the “First Probate Appeal”); Susan Barash, Co-Trustee of The
Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket
No. XO7-HHD-CV-18-6096422-S (the “Second Probate Appeal”); Rubinow v. Susan Barash, Co-Trustee
of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al., Docket No.
X07-HHD-CV-18-6101376-S (the “Third Probate Appeal”); and Susan Barash, Co-Trustee of The
Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket
No. XO7-HHD-CV-18-6101388-S (the “Fourth Probate Appeal”), and the case against brought by the
Plaintiffs against Barbara Lembo as a Trustee of the Ripps Trust, Susan Barash, Co-Trustee of The
Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Lembo, Docket
No. XO7-HHD-CV-18-6091749-S (the “Lembo Action”).
Defendant John Finguerra’s Motion for Summary Judgment (HHD-CV19-6109896-S,
Dkt. No. 152.00); and
Defendants Laurence Rubinow and McCarter & English, LLP’s Motion for Summary
Judgment (HHD-CV19-6109896-S, Dkt. No. 162.00) (also filed in HHD-CV18-6096025-
S, HHD-CV18-6096422-S, and HHD-CV18-6101388-S, Plaintiffs’ consolidated probate
appeals).
According to the Court’s standing CLD order (HHD-CV19-6109896-S, Dkt. No. 105.00),
objections to these motions are due within 21 days of the date of filing and reply briefs due 14
days thereafter (accordingly, briefing to be completed by May 26, 2021). However, given the
extensive briefing in these six consolidated cases, and the Plaintiffs’ need to respond to three
different summary judgment motions, the Parties request a short extension to the remaining
briefing schedule. The Parties propose that objections be filed by Friday, May 28, 2021, with
replies filed by Friday, June 11, 2021. Oral argument on the motions would be set at the Court’s
convenience thereafter.
Relatedly, and to ensure that the Court has the opportunity to fully consider the motions
for summary judgment that may eliminate certain claims or significantly impact the shape of any
trial or hearing on damages, the Parties request that the Court adjourn the May 24, 2021 pre-trial
conference (and related deadlines), and reschedule the pre-trial conference for 30 days after the
Court rules on the pending summary judgment motions.
Good cause exists for these scheduling adjustments. The Parties have worked diligently
to complete fact and expert discovery and file motions for summary judgment despite numerous
COVID-related challenges (including the need to extend certain deadlines based on the positive
COVID diagnosis of counsel for one of the Defendants). As noted above, Plaintiffs will be
responding to three separate motions. Further, the Parties believe that permitting additional time
to brief summary judgment and allow for the Court to consider the pending motions will result in
significant efficiency for the Court and the Parties, as the pending motions may result in
judgment on some or all of the claims in favor of one or more of the Parties and, if not, will
focus any issues that might remain for trial.
Respectfully submitted,
THE PLAINTIFFS,
SUSAN SHAPIRO BARASH, Co-Trustee
of the Richard Ripps Amended and Restated
Revocable Trust dated February 8, 2006,
MICHAEL J. RIPPS, JENNIE R. RIPPS and
ELIZABETH J. RIPPS
By: /s/ David B. Zabel
David B. Zabel, Esq.
Marino, Zabel & Schellenberg, PLLC
657 Orange Center Road
Orange, CT 06477
Tel.: (203) 864-4511
Fax: (203) 456-8249
E-mail: dzabel@mzslaw.com
DEFENDANTS LAURENCE RUBINOW,
INDIVIDUALLY AND AS TRUSTEE, AND McCARTER & ENGLISH, LLP
By: /s/ Timothy A. Diemand
Timothy A. Diemand, Esq.
Joshua N. Taylor, Esq.
Wiggin and Dana, LLP
20 Church Street
Hartford, CT 06103
Tele: 860-297-3700
Fax: 860-525-9380
Email: tdiemand@wiggin.com
Email: jtaylor@wiggin.com
DEFENDANT JOHN FINGUERRA,
By: /s/ William H. Narwold
William H. Narwold, Esq.
Jessica Colombo, Esq.
Motley Rice LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Tele: 860-882-1676
Fax: 860-882-1682
Email: bnarwold@motleyrice.com
Email: jcolombo@motleyrice.com
DEFENDANT BARBARA LEMBO
By: /s/ Joseph V. Meaney, Jr.
Joseph V. Meaney, Jr., Esq.
Cranmore Fitzgerald & Meaney
1010 Wethersfield Avenue, Suite 206
Hartford, CT 06114
Tele: (860) 522-9100
Fax: (860) 522-3379
Email: jmeaney@cfmlawfirm.com
CERTIFICATION OF SERVICE
I certify that a copy of the above was or will immediately be mailed or delivered
electronically or non-electronically on May 4, 2021, to all counsel and self-represented parties of
record and that written consent for electronic delivery was received from all counsel and self-
represented parties of record who were or will immediately be electronically served:
VIA ELECTRONIC DELIVERY TO:
David B. Zabel, Esq.
Courtney A. George, Esq.
Dennis J. Kokenos, Esq.
Marino, Zabel & Schellenberg, PLLC
657 Orange Center Road
Orange, CT 06477
Email: dzabel@mzslaw.com
Email: cgeorge@mzslaw.com
Email: dkokenos@mszlaw.com
William H. Narwold, Esq.
Jessica Colombo, Esq.
Motley Rice LLC
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
EMail: bnarwold@motleyrice.com
Email: jcolombo@motleyrice.com
Joseph V. Meaney, Jr., Esq.
Cranmore Fitzgerald & Meaney
1010 Wethersfield Avenue, Suite 206
Hartford, CT 06114
Email: jmeaney@cfmlawfirm.com
/s/ Timothy A. Diemand
Timothy A. Diemand
22888\3\4819-3340-1064.v1
Preview
DOCKET NO. X07-HHD-CV-19-6109896-S : SUPERIOR COURT : BARASH, SUSAN SHAPIRO, TRUSTEE, : COMPLEX LITIGATION DOCKET ET AL. : : VS. : AT HARTFORD : RUBINOW, LAURENCE P., ET AL : MAY 4, 2021 DOCKET NO. X07-HHD-CV-18-6096025-S : SUPERIOR COURT : BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET ET AL. : : AT HARTFORD VS. : : RUBINOW, LAURENCE P., ET AL. : MAY 4, 2021 DOCKET NO. X07-HHD-CV-18-6096422-S : SUPERIOR COURT : BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET ET AL. : : AT HARTFORD VS. : : RUBINOW, LAURENCE P., ET AL. : MAY 4, 2021 DOCKET NO. X07-HHD-CV-18-6101376-S : SUPERIOR COURT : RUBINOW, LAURENCE P., EXECUTOR OF, : COMPLEX LITIGATION DOCKET THE ESTATE OF RICHARD RIPPS : : AT HARTFORD VS. : : BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : ET AL. : MAY 4, 2021 DOCKET NO. X07-HHD-CV-18-6101388-S : SUPERIOR COURT : BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET ET AL. : : AT HARTFORD VS. : : RUBINOW, LAURENCE P., ET AL. : May 4, 2021 DOCKET NO. X07-HHD-CV-18-6091749-S : SUPERIOR COURT : BARASH, SUSAN SHAPIRO, CO-TRUSTEE, : COMPLEX LITIGATION DOCKET ET AL. : : AT HARTFORD VS. : : LEMBO, BARBARA : MAY 4, 2021 JOINT MOTION TO MODIFY SCHEDULE The Parties in the above-captioned consolidated cases 1 respectfully request that the Court modify the remaining briefing schedule for summary judgment and the pre-trial schedule. Pursuant to the Court’s scheduling order (HHD-CV19-6109896-S, Dkt. No. 150.86), motions for summary judgment were filed on April 21, 2021. The following motions were filed: Plaintiffs’ Motion for Summary Judgment as to Laurence Rubinow and McCarter & English, LLP (HHD-CV19-6109896-S, Dkt. No. 155.00); Plaintiffs’ Motion for Summary Judgment as to Barbara Lembo (HHD-CV18-6091749-S, Dkt. No. 135.00); Defendant Barbara Lembo’s Motion for Summary Judgment (HHD-CV18-6091749-S, Dkt. No. 133.00); 1 This case is consolidated with the four pending probate appeals regarding various decrees that were made by the Probate Court concerning the Ripps Estate, which are: Susan Barash, Co-Trustee of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket No. XO7-HHD-CV-18-6096025-S (the “First Probate Appeal”); Susan Barash, Co-Trustee of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket No. XO7-HHD-CV-18-6096422-S (the “Second Probate Appeal”); Rubinow v. Susan Barash, Co-Trustee of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al., Docket No. X07-HHD-CV-18-6101376-S (the “Third Probate Appeal”); and Susan Barash, Co-Trustee of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Rubinow, Docket No. XO7-HHD-CV-18-6101388-S (the “Fourth Probate Appeal”), and the case against brought by the Plaintiffs against Barbara Lembo as a Trustee of the Ripps Trust, Susan Barash, Co-Trustee of The Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, et al. v. Lembo, Docket No. XO7-HHD-CV-18-6091749-S (the “Lembo Action”). Defendant John Finguerra’s Motion for Summary Judgment (HHD-CV19-6109896-S, Dkt. No. 152.00); and Defendants Laurence Rubinow and McCarter & English, LLP’s Motion for Summary Judgment (HHD-CV19-6109896-S, Dkt. No. 162.00) (also filed in HHD-CV18-6096025- S, HHD-CV18-6096422-S, and HHD-CV18-6101388-S, Plaintiffs’ consolidated probate appeals). According to the Court’s standing CLD order (HHD-CV19-6109896-S, Dkt. No. 105.00), objections to these motions are due within 21 days of the date of filing and reply briefs due 14 days thereafter (accordingly, briefing to be completed by May 26, 2021). However, given the extensive briefing in these six consolidated cases, and the Plaintiffs’ need to respond to three different summary judgment motions, the Parties request a short extension to the remaining briefing schedule. The Parties propose that objections be filed by Friday, May 28, 2021, with replies filed by Friday, June 11, 2021. Oral argument on the motions would be set at the Court’s convenience thereafter. Relatedly, and to ensure that the Court has the opportunity to fully consider the motions for summary judgment that may eliminate certain claims or significantly impact the shape of any trial or hearing on damages, the Parties request that the Court adjourn the May 24, 2021 pre-trial conference (and related deadlines), and reschedule the pre-trial conference for 30 days after the Court rules on the pending summary judgment motions. Good cause exists for these scheduling adjustments. The Parties have worked diligently to complete fact and expert discovery and file motions for summary judgment despite numerous COVID-related challenges (including the need to extend certain deadlines based on the positive COVID diagnosis of counsel for one of the Defendants). As noted above, Plaintiffs will be responding to three separate motions. Further, the Parties believe that permitting additional time to brief summary judgment and allow for the Court to consider the pending motions will result in significant efficiency for the Court and the Parties, as the pending motions may result in judgment on some or all of the claims in favor of one or more of the Parties and, if not, will focus any issues that might remain for trial. Respectfully submitted, THE PLAINTIFFS, SUSAN SHAPIRO BARASH, Co-Trustee of the Richard Ripps Amended and Restated Revocable Trust dated February 8, 2006, MICHAEL J. RIPPS, JENNIE R. RIPPS and ELIZABETH J. RIPPS By: /s/ David B. Zabel David B. Zabel, Esq. Marino, Zabel & Schellenberg, PLLC 657 Orange Center Road Orange, CT 06477 Tel.: (203) 864-4511 Fax: (203) 456-8249 E-mail: dzabel@mzslaw.com DEFENDANTS LAURENCE RUBINOW, INDIVIDUALLY AND AS TRUSTEE, AND McCARTER & ENGLISH, LLP By: /s/ Timothy A. Diemand Timothy A. Diemand, Esq. Joshua N. Taylor, Esq. Wiggin and Dana, LLP 20 Church Street Hartford, CT 06103 Tele: 860-297-3700 Fax: 860-525-9380 Email: tdiemand@wiggin.com Email: jtaylor@wiggin.com DEFENDANT JOHN FINGUERRA, By: /s/ William H. Narwold William H. Narwold, Esq. Jessica Colombo, Esq. Motley Rice LLC One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 Tele: 860-882-1676 Fax: 860-882-1682 Email: bnarwold@motleyrice.com Email: jcolombo@motleyrice.com DEFENDANT BARBARA LEMBO By: /s/ Joseph V. Meaney, Jr. Joseph V. Meaney, Jr., Esq. Cranmore Fitzgerald & Meaney 1010 Wethersfield Avenue, Suite 206 Hartford, CT 06114 Tele: (860) 522-9100 Fax: (860) 522-3379 Email: jmeaney@cfmlawfirm.com CERTIFICATION OF SERVICE I certify that a copy of the above was or will immediately be mailed or delivered electronically or non-electronically on May 4, 2021, to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self- represented parties of record who were or will immediately be electronically served: VIA ELECTRONIC DELIVERY TO: David B. Zabel, Esq. Courtney A. George, Esq. Dennis J. Kokenos, Esq. Marino, Zabel & Schellenberg, PLLC 657 Orange Center Road Orange, CT 06477 Email: dzabel@mzslaw.com Email: cgeorge@mzslaw.com Email: dkokenos@mszlaw.com William H. Narwold, Esq. Jessica Colombo, Esq. Motley Rice LLC One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 EMail: bnarwold@motleyrice.com Email: jcolombo@motleyrice.com Joseph V. Meaney, Jr., Esq. Cranmore Fitzgerald & Meaney 1010 Wethersfield Avenue, Suite 206 Hartford, CT 06114 Email: jmeaney@cfmlawfirm.com /s/ Timothy A. Diemand Timothy A. Diemand 22888\3\4819-3340-1064.v1