On February 26, 2019 a
Order
was filed
involving a dispute between
Wayne Aguiar,
and
Anna Longley,
for V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
in the District Court of New Haven County.
Preview
DOCKET NO.: NNI-CV19-5011248-S : SUPERIOR COURT
WAYNE AGUIAR, ET AL : J.D. OF NEW HAVEN
VS. : AT MERIDEN
ANNA L. LONGLEY : JANUARY 26, 2021
MOTION FOR JUDGMENT OF NONSUIT
The Defendant hereby requests judgment against the Plaintiff, WAYNE AGUIAR, for
his failure to fully comply with Defendant’s standard request for Disclosure and Production,
dated April 2, 2019. By Order dated March 2, 2020 (Sizemore, J), full compliance was ordered
by April 2, 2020 (# 104.20). The Plaintiff, has responded to such requests by a purported
compliance, dated April 2, 2020 and received April 10, 2020, and supplemental compliance,
dated November 20, 2020. Said responses do not comply with the standard requests for
interrogatories and production in the following particulars:
1. Plaintiff is claiming permanent disabilities but has failed to provide any
information and records regarding his permanent disability rating.
2. Plaintiff has failed to provide billing for Wallingford Fire Department/Town of
Law Office
John P. Calabrese Wallingford Ambulance Service for December 29, 2017.
500 Enterprise Drive, 2C
Rocky Hill, CT 06067 3. Plaintiff has failed to provide billing for Pei Sun, M.D., LLC for January 5, 2018.
Tel. (860) 256-2222
Fax (866) 265-9997
Juris No. 419054
4. Plaintiff has indicated in his response to interrogatory responses that he sustained
subsequent injuries from a trip and fall incident that occurred on April 11, 2019. He has failed
to provide complete medical reports regarding his treatment. He indicated that he treated at
Midstate Medical Center but has only provided a radiology report and also indicated he treated
with Comprehensive Orthopaedics and Select Physical Therapy but has not provided any records
for such treatment relating to this incident.
5. Plaintiff has failed to provide any and all CDs for any x-rays and/or MRIs.
As a result of the foregoing failure of the Plaintiff to fully and adequately respond to the
standard request for disclosure and production that was served nearly two (2) years ago, the
Defendant has been unable to adequately and fully prepare for the defense of this matter. The
Defendant submits, that given the Plaintiff’s failure, even after the filing of a motion, and the
passage of time, to fully and completely respond to the standard request for disclosure and
production that a judgment of nonsuit should enter.
WHEREFORE, the Defendant moves for a judgment of nonsuit against the Plaintiff for
failure to fully comply with discovery.
THE DEFENDANT,
BY: /s/ 305231
ANTHONY F. SANTACROCE
LAW OFFICE JOHN P. CALABRESE
Law Office
John P. Calabrese
500 Enterprise Drive, 2C
Rocky Hill, CT 06067
Tel. (860) 256-2222
Fax (866) 265-9997
Juris No. 419054
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on the above referenced date to all attorneys and self-
represented parties of records and to all parties who have not appeared in this matter and that
written consent for electronic delivery was received from all attorneys and self-represented
parties receiving electronic delivery.
Elizabeth Swanson, Esq.
Brooke A. Goff, Esq.
Goff Law Group, LLC
190 Trumbull Street
Hartford, CT 06103
/s/ 305231
ANTHONY F. SANTACROCE
COMMISSIONER OF THE SUPERIOR COURT
Law Office
John P. Calabrese
500 Enterprise Drive, 2C
Rocky Hill, CT 06067
Tel. (860) 256-2222
Fax (866) 265-9997
Juris No. 419054
Document Filed Date
January 26, 2021
Case Filing Date
February 26, 2019
Category
V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
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DOCKET NO.: NNI-CV19-5011248-S : SUPERIOR COURT WAYNE AGUIAR, ET AL : J.D. OF NEW HAVEN VS. : AT MERIDEN ANNA L. LONGLEY : JANUARY 26, 2021 MOTION FOR JUDGMENT OF NONSUIT The Defendant hereby requests judgment against the Plaintiff, WAYNE AGUIAR, for his failure to fully comply with Defendant’s standard request for Disclosure and Production, dated April 2, 2019. By Order dated March 2, 2020 (Sizemore, J), full compliance was ordered by April 2, 2020 (# 104.20). The Plaintiff, has responded to such requests by a purported compliance, dated April 2, 2020 and received April 10, 2020, and supplemental compliance, dated November 20, 2020. Said responses do not comply with the standard requests for interrogatories and production in the following particulars: 1. Plaintiff is claiming permanent disabilities but has failed to provide any information and records regarding his permanent disability rating. 2. Plaintiff has failed to provide billing for Wallingford Fire Department/Town of Law Office John P. Calabrese Wallingford Ambulance Service for December 29, 2017. 500 Enterprise Drive, 2C Rocky Hill, CT 06067 3. Plaintiff has failed to provide billing for Pei Sun, M.D., LLC for January 5, 2018. Tel. (860) 256-2222 Fax (866) 265-9997 Juris No. 419054 4. Plaintiff has indicated in his response to interrogatory responses that he sustained subsequent injuries from a trip and fall incident that occurred on April 11, 2019. He has failed to provide complete medical reports regarding his treatment. He indicated that he treated at Midstate Medical Center but has only provided a radiology report and also indicated he treated with Comprehensive Orthopaedics and Select Physical Therapy but has not provided any records for such treatment relating to this incident. 5. Plaintiff has failed to provide any and all CDs for any x-rays and/or MRIs. As a result of the foregoing failure of the Plaintiff to fully and adequately respond to the standard request for disclosure and production that was served nearly two (2) years ago, the Defendant has been unable to adequately and fully prepare for the defense of this matter. The Defendant submits, that given the Plaintiff’s failure, even after the filing of a motion, and the passage of time, to fully and completely respond to the standard request for disclosure and production that a judgment of nonsuit should enter. WHEREFORE, the Defendant moves for a judgment of nonsuit against the Plaintiff for failure to fully comply with discovery. THE DEFENDANT, BY: /s/ 305231 ANTHONY F. SANTACROCE LAW OFFICE JOHN P. CALABRESE Law Office John P. Calabrese 500 Enterprise Drive, 2C Rocky Hill, CT 06067 Tel. (860) 256-2222 Fax (866) 265-9997 Juris No. 419054 CERTIFICATION I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on the above referenced date to all attorneys and self- represented parties of records and to all parties who have not appeared in this matter and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery. Elizabeth Swanson, Esq. Brooke A. Goff, Esq. Goff Law Group, LLC 190 Trumbull Street Hartford, CT 06103 /s/ 305231 ANTHONY F. SANTACROCE COMMISSIONER OF THE SUPERIOR COURT Law Office John P. Calabrese 500 Enterprise Drive, 2C Rocky Hill, CT 06067 Tel. (860) 256-2222 Fax (866) 265-9997 Juris No. 419054