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
UWY-CV-21-5028294-S
NANCY BURTON SUPERIOR COURT
JUDICIAL DISTRICT
V. OF WATERBURY
DAVID PHILIP MASON
ET AL. NOVEMBER 15, 2021
PLAINTIFF’S MOTION TO DEPOSE STEVEN J. STAFSTROM, JR.
Pursuant to Conn. Gen. Stat. §52-196a, Plaintiff moves to depose Steven J.
Stafstrom, Jr., an attorney serving as Town Counsel of the Town of Redding, an
attorney for the “Town Defendants’ in this matter and a State Representative who
serves as co-chairman of the General Assembly's Judiciary Committee, pursuant to the
provisions of Connecticut Practice Book Section 13-26 et seq.
In support of this motion, Plaintiff represents as follows:
1. Practice Book §13-26 provides in pertinent part as follows:
“In addition to other provisions for discovery and subject to the provisions of Sections
13-2 through 13-5, any party who has appeared in a civil action. . . may, at any time
after the commencement of the action or proceeding, in accordance with the procedures
set forth in this chapter, take the testimony of any person, including a party, by
deposition upon oral examination.” [Emphasis added.]
2 Given that Practice Book §13-26 permits Plaintiff, a party, to take the deposition,
of “any person” “at any time” (after commencement of a civil action), Plaintiff
moves for leave that the Court permit such deposition forthwith, notwithstanding
the provision of Conn. Gen. Stat. §52-196a whereby discovery is stayed during
the pendency of a special motion to dismiss unless allowed by the Court.
The deposition is sought with regard to issues pertaining in this matter to the
“Town Defendants” and “State Defendants,” none of whom is a “special
defendant’ pursuing a §52-196a motion to dismiss and each of whom is thereby
exempt from the §52-196a discovery suspension.
Therefore, insofar as Plaintiff may pursuant to the Rules of Practice notice and
take Mr. Stafstrom’s deposition limited to “State” and “Town” defendants who
have not filed §52-196a motions, Plaintiff sets forth good cause for such
deposition without delay due to the pendency of their motions to strike.
Urgency attaches to this motion arising from the fact that special defendant
Mason has disclosed for the first time in his Replacement Reply to Plaintiff's
1
Superseding Opposition to Mason’s Special Motion to Dismiss (Entry #245.00,
October 22, 2021) that Redding First Selectman Julia Pemberton, a “Town
Defendant,” convened a meeting at the Redding Town Hall concerning Plaintiff
and her goats on May 7, 2020 restricted to certain enumerated invitees, including
Mr. Stafstrom, Redding police representatives, Special Defendants Mason,
Carmody and Gibbons and others not named in the disclosure. Plaintiff is entitled
to depose Mr. Stafstrom regarding such meeting. Prior to Mr. Mason’s disclosure
of the May 7, 2020 meeting, Plaintiff had been entirely unaware of it although
such disclosure was required by the Court’s Order allowing limited discovery
upon the Special Defendants.
Notwithstanding the above, Plaintiff seeks to depose Mr. Stafstrom on any and all
subjects pertaining to this case, including those pertaining to the Special
Defendants, as a matter of due process pursuant to Practice Book §13-26.
7. Acopy of the Notice of Deposition is attached hereto.
THE PL
Na in
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 electronically delivered on or before
November 15, 2021 to all counsel of record and to the following:
Alexander W. Ahrens, Esq.
Melick & Porter, LLP
900 Main Street South
Southbury CT06488
aahrens@melicklaw.com
Fun
UWY-CV-21-5028294-S
NANCY BURTON SUPERIOR COURT
JUDICIAL DISTRICT
Vv. OF WATERBURY
DAVID PHILIP MASON
ET AL. NOVEMBER 15, 2021
PLAINTIFF” NOTICE OF DEPOSITION OF STEVEN J. STAFSTROM, JR.
Plaintiff herewith serves notice of deposition of Steven J. Stafstrom, Jr. pursuant to
the provisions of Connecticut Practice Book Section 13-26 et seq.
Mr. Stafstrom’s offices are located at 850 Main Street in Bridgeport, Connecticut, and
90 State House Square in Hartford, Connecticut.
The deposition is scheduled to take place on December 15, 2021 in a conference
room of the Redding Town Hall, Lonetown Road, Redding, Connecticut, beginning at 10
AM.
The deposition will be recorded stenographically and by videotape.
Mr. Stafstrom is directed to bring with him to the deposition any and all documents,
records, photographs, electronically stored information and all other tangible things
which pertain to the Plaintiff, the Plaintiff's goats, the Plaintiff's property located at 147
Cross Highway, Redding, Connecticut, as well as this case and the case of State of
Connecticut ex rel. Jeremiah Dunn v. 65 Goats et al., HHD-CV-21-6139702-S, and
which he and attorneys for the Town of Redding defendants intend to present at trial of
this matter or otherwise, whether or not a claim of attorney-client privilege is asserted.
THE PLAINTIFF
Nan
147 Cross Highway
Redding CT 06896
Tel. 203-313-1510
NancyBurtonCT@aol.com
CERTIFICATI IN
This is to certify that a copy of the foregoing was mailed electronically pursuant
to Practice Book §10-13 on or before November 15, 2021 to the following and all
counsel of record:
Alexander W. Ahrens, Esq.
Melick & Porter, LLP
900 Main Street South
Southbury CT 06488
ahrens@melicklaw.com
Steven J. Stafstrom, Jr.
Pullman & Comley
850 Main St.
Bridgeport CT 06601
sstafstrom@pullcom.com
eA
Related Content
in New Haven County
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UWY-CV-21-5028294-S NANCY BURTON SUPERIOR COURT JUDICIAL DISTRICT V. OF WATERBURY DAVID PHILIP MASON ET AL. NOVEMBER 15, 2021 PLAINTIFF’S MOTION TO DEPOSE STEVEN J. STAFSTROM, JR. Pursuant to Conn. Gen. Stat. §52-196a, Plaintiff moves to depose Steven J. Stafstrom, Jr., an attorney serving as Town Counsel of the Town of Redding, an attorney for the “Town Defendants’ in this matter and a State Representative who serves as co-chairman of the General Assembly's Judiciary Committee, pursuant to the provisions of Connecticut Practice Book Section 13-26 et seq. In support of this motion, Plaintiff represents as follows: 1. Practice Book §13-26 provides in pertinent part as follows: “In addition to other provisions for discovery and subject to the provisions of Sections 13-2 through 13-5, any party who has appeared in a civil action. . . may, at any time after the commencement of the action or proceeding, in accordance with the procedures set forth in this chapter, take the testimony of any person, including a party, by deposition upon oral examination.” [Emphasis added.] 2 Given that Practice Book §13-26 permits Plaintiff, a party, to take the deposition, of “any person” “at any time” (after commencement of a civil action), Plaintiff moves for leave that the Court permit such deposition forthwith, notwithstanding the provision of Conn. Gen. Stat. §52-196a whereby discovery is stayed during the pendency of a special motion to dismiss unless allowed by the Court. The deposition is sought with regard to issues pertaining in this matter to the “Town Defendants” and “State Defendants,” none of whom is a “special defendant’ pursuing a §52-196a motion to dismiss and each of whom is thereby exempt from the §52-196a discovery suspension. Therefore, insofar as Plaintiff may pursuant to the Rules of Practice notice and take Mr. Stafstrom’s deposition limited to “State” and “Town” defendants who have not filed §52-196a motions, Plaintiff sets forth good cause for such deposition without delay due to the pendency of their motions to strike. Urgency attaches to this motion arising from the fact that special defendant Mason has disclosed for the first time in his Replacement Reply to Plaintiff's 1 Superseding Opposition to Mason’s Special Motion to Dismiss (Entry #245.00, October 22, 2021) that Redding First Selectman Julia Pemberton, a “Town Defendant,” convened a meeting at the Redding Town Hall concerning Plaintiff and her goats on May 7, 2020 restricted to certain enumerated invitees, including Mr. Stafstrom, Redding police representatives, Special Defendants Mason, Carmody and Gibbons and others not named in the disclosure. Plaintiff is entitled to depose Mr. Stafstrom regarding such meeting. Prior to Mr. Mason’s disclosure of the May 7, 2020 meeting, Plaintiff had been entirely unaware of it although such disclosure was required by the Court’s Order allowing limited discovery upon the Special Defendants. Notwithstanding the above, Plaintiff seeks to depose Mr. Stafstrom on any and all subjects pertaining to this case, including those pertaining to the Special Defendants, as a matter of due process pursuant to Practice Book §13-26. 7. Acopy of the Notice of Deposition is attached hereto. THE PL Na in 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 electronically delivered on or before November 15, 2021 to all counsel of record and to the following: Alexander W. Ahrens, Esq. Melick & Porter, LLP 900 Main Street South Southbury CT06488 aahrens@melicklaw.com Fun UWY-CV-21-5028294-S NANCY BURTON SUPERIOR COURT JUDICIAL DISTRICT Vv. OF WATERBURY DAVID PHILIP MASON ET AL. NOVEMBER 15, 2021 PLAINTIFF” NOTICE OF DEPOSITION OF STEVEN J. STAFSTROM, JR. Plaintiff herewith serves notice of deposition of Steven J. Stafstrom, Jr. pursuant to the provisions of Connecticut Practice Book Section 13-26 et seq. Mr. Stafstrom’s offices are located at 850 Main Street in Bridgeport, Connecticut, and 90 State House Square in Hartford, Connecticut. The deposition is scheduled to take place on December 15, 2021 in a conference room of the Redding Town Hall, Lonetown Road, Redding, Connecticut, beginning at 10 AM. The deposition will be recorded stenographically and by videotape. Mr. Stafstrom is directed to bring with him to the deposition any and all documents, records, photographs, electronically stored information and all other tangible things which pertain to the Plaintiff, the Plaintiff's goats, the Plaintiff's property located at 147 Cross Highway, Redding, Connecticut, as well as this case and the case of State of Connecticut ex rel. Jeremiah Dunn v. 65 Goats et al., HHD-CV-21-6139702-S, and which he and attorneys for the Town of Redding defendants intend to present at trial of this matter or otherwise, whether or not a claim of attorney-client privilege is asserted. THE PLAINTIFF Nan 147 Cross Highway Redding CT 06896 Tel. 203-313-1510 NancyBurtonCT@aol.com CERTIFICATI IN This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book §10-13 on or before November 15, 2021 to the following and all counsel of record: Alexander W. Ahrens, Esq. Melick & Porter, LLP 900 Main Street South Southbury CT 06488 ahrens@melicklaw.com Steven J. Stafstrom, Jr. Pullman & Comley 850 Main St. Bridgeport CT 06601 sstafstrom@pullcom.com eA