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DOCKET NO. FBT-CV14-6043491-S : SUPERIOR COURT
DAVID CONFEITEIRO : J.D. OF FAIRFIELD
v : AT BRIDGEPORT
TATIANA MEZARINA-ROJAS ET AL : MARCH 14, 2016
MOTION FOR ORDER OF COMPLIANCE
The Defendants herein, TATIANA MEZARINA-ROJAS and THE NEILSEN
COMPANY (US), LLC, move this Honorable Court for an order compelling the Plaintiff, DAVID
CONFEIREIRO, to fully comply with the Defendant’s Interrogatories and Requests for Production!
dated 07/03/2014. While the Plaintiff has provided some documentation, his compliance is
incomplete. Specifically, the Defendants seek:
© The Plaintiffs primaty care physician records from 2010 to the present;
¢ Records from the Plaintiff's neurological care with Dr. Sena occusting prior to the subject
motor vehicle accident, including any and all diagnostic records and/or films;
© All records related to any mental health treatment and/or counseling the Plaintiff underwent
between September, 2013 and the present.
These documents, which should have been disclosed in response to standard discovery
requests, were requested by electronic mail to Plaintiff's counsel on October 26, 2015, and again by
letter dated January 18, 2016. See correspondence attached as Exhibit A. To date, no responsive
documents have been received. Not only is such failute to produce these records a violation of the
Practice Book rules, but it will also significantly prejudice the ability of the parties to meaningfully
discuss settlement at the 5/5/2016 pretrial of this matter.
LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM
108 LEIGUS ROAD, 1° FLOOR, WALLINGFORD, CT 06492 © (203}294-7800 * JURIS NO. 408308The time within which to comply has now elapsed and the Plaintiff has failed to comply with
said requests.
WHEREFORE, the Defendant requests this Court to rule the following relief:
|. Enter an order requiring the Plaintiff to adequately respond to said requests;
2. Enter Nonsuit against the Plaintiff for failure to comply or to adequately respond;
3. Award the Defendant the costs of pursuing this motion, including reasonable Attorney’s
fees; and
4. Order any and all further relief that the court may deem necessary.
THE DEFENDANT,
TATIANA MEZARINA-ROJAS and
THE NEILSEN COMPANY (US), LLC
BY 408236
Alan S. Tobin, Esq.
Law Offices of Meehan, Turret &
Rosenbaum
108 Leigus Road, 1st Floor
Wallingford, CT 06492
Tel. # 203-294-7800
Juris # 408308
CERTIFICATION
This will certify the foregoing was mailed via U.S. Mail, postage pre-paid ot electronically
delivered pursuant to Practive Book Section 10-14 on this 14” Day of March, 2016.
LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM
108 LBIGUS ROAD, I" FLOOR, WALLINGFORD, CT 06492. © (203) 294-7800 # JURIS NO. 498308Attomey for Plaintiff
Joseph S. Dobrowolski, Esq.
51 Elm Street
New Haven, CT 06510
408236
Alan S. Tobin
Commissioner of the Supetiot Court
LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM
108 LEIGUS ROAD, 1 FLOOR, WALLINGFORD, CT 06492 « (203) 294-7800 » JURIS NO. 408308Exhibit A
LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM
108 LEIGUS ROAD, 1°" FLOOR, WALLINGFORD, CT 06492 » (203) 294-7800 * JURIS NO. 408308NANCY A. MEEHAN
ANDREW S, TURRET*
NANCY §.ROSENBAUM
ERIK ROBERTS
CHRISTOPHER RUSSO
STEPHEN J. LEARY*
MARIAN H. YUN
DANA BEYER*
DANIEL BULEY
ERIC CAINES**
SEAN T. CAREW
MICHAEL J. CARREIRA
JESALYN COLE
JOANNA M. CZEKAJEWSKI
VINCENT DI PALMA
DENISE DREWS*
STACEY FRANCOLINE
ROBERT HENRY
JAMBS FRAGUELA
VINCENT ENGINGRO
TYLER DEW
LAW OFFICES
OF
MEEHAN, TURRET &
ROSENBAUM
EMPLOYEES OF LIBERTY MUTUAL
Group, INC.
108 LEIGUS ROAD, 1ST FLOOR
WALLINGFORD, CONNECTICUT 06492
TELEPHONE: (203) 294-7800
E-SERVICE:
LMLAWCT@LibertyMamal.com
EFAX: (603)427-2666
PLEASE BE ADVISED THAT WE. ARE NOW
ACCEPTING E-SERVICE
*ALSO ADMITTED IN NEW YORK
**ALSO ADMITTED IN MASSACHUSETTS
+ ALSO ADMITTED IN RHODE ISLAND
++ALSO ADMITTED IN MAINE/VERMONT
+++ALSO ADMITTED IN NEW JERSEY
FRANK GAROFALO, II
HEATHER GENOVESE,
GARY W. HOHENTHAL
KEVIN HUGHES
TAYLOR W. JOHNSON
JOHN KANCA
SARAH KELLER™
MATTHIAS DEANGELO
MARY ANN MCCLUSKEY*
THOMAS MULLANEY IIT
PATRICE S, NOAH
SHARIN, PEARLMAN
CHRISTOPHER J. POWDERLY
MICHAEL ROMANELLIJR
WILLIAM J. SHEA
SCOTT STEWART
KEITH STURGES
MICHAEL BISCHOFF
ALAN S, TOBIN™*
JAMES DONOHUE
January 18, 2016
Joseph S. Dobrowolski Esq.
51 Elm Street
New Haven, CT 06510
RE: David Confeiteiro v. Tatiana Mezarin| ‘ojas ET AL
Dear Attorney Dobrowolski:
As you know, we have a PTC scheduled for 2/2/16 It was hoped that we would have
sufficient information to engage in substantive settlement discussion on that date. However,
we have yet to receive responses to our recent requests including:
1. Response to my 12/11/16 email seeking:
it. Your client's primary care MD records 2010-present,
2. His prior neurological care (Dr. Sena) 2011-2012 before our loss including
actual diagnostics/ilms
3. and psychological/psychiatric/counselling records after death of plaintiff's 14
yr. old daughter in Sept. 2013,
2. Response to my inquiry re: agreement on IME as outlined on 12/13 (below)As follow up to the requested information
potential settlement in February,
information, you would consent
Zelman MD regarding the cogn
and in order to be in a position to discuss
Please advise if, on receipt of all necessary
to an IME with either Kimberlee Sass Phd or Marvin
itive issues alleged by your client.)
Until these issues are addressed, | don't believe we will be in a position to engage in
any substantive settlement discussions. Please advise when we may expect responses to
these issues.
Very truly yours,
Man S Tobin
Alan S. Tobin
Preview
DOCKET NO. FBT-CV14-6043491-S : SUPERIOR COURT DAVID CONFEITEIRO : J.D. OF FAIRFIELD v : AT BRIDGEPORT TATIANA MEZARINA-ROJAS ET AL : MARCH 14, 2016 MOTION FOR ORDER OF COMPLIANCE The Defendants herein, TATIANA MEZARINA-ROJAS and THE NEILSEN COMPANY (US), LLC, move this Honorable Court for an order compelling the Plaintiff, DAVID CONFEIREIRO, to fully comply with the Defendant’s Interrogatories and Requests for Production! dated 07/03/2014. While the Plaintiff has provided some documentation, his compliance is incomplete. Specifically, the Defendants seek: © The Plaintiffs primaty care physician records from 2010 to the present; ¢ Records from the Plaintiff's neurological care with Dr. Sena occusting prior to the subject motor vehicle accident, including any and all diagnostic records and/or films; © All records related to any mental health treatment and/or counseling the Plaintiff underwent between September, 2013 and the present. These documents, which should have been disclosed in response to standard discovery requests, were requested by electronic mail to Plaintiff's counsel on October 26, 2015, and again by letter dated January 18, 2016. See correspondence attached as Exhibit A. To date, no responsive documents have been received. Not only is such failute to produce these records a violation of the Practice Book rules, but it will also significantly prejudice the ability of the parties to meaningfully discuss settlement at the 5/5/2016 pretrial of this matter. LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM 108 LEIGUS ROAD, 1° FLOOR, WALLINGFORD, CT 06492 © (203}294-7800 * JURIS NO. 408308The time within which to comply has now elapsed and the Plaintiff has failed to comply with said requests. WHEREFORE, the Defendant requests this Court to rule the following relief: |. Enter an order requiring the Plaintiff to adequately respond to said requests; 2. Enter Nonsuit against the Plaintiff for failure to comply or to adequately respond; 3. Award the Defendant the costs of pursuing this motion, including reasonable Attorney’s fees; and 4. Order any and all further relief that the court may deem necessary. THE DEFENDANT, TATIANA MEZARINA-ROJAS and THE NEILSEN COMPANY (US), LLC BY 408236 Alan S. Tobin, Esq. Law Offices of Meehan, Turret & Rosenbaum 108 Leigus Road, 1st Floor Wallingford, CT 06492 Tel. # 203-294-7800 Juris # 408308 CERTIFICATION This will certify the foregoing was mailed via U.S. Mail, postage pre-paid ot electronically delivered pursuant to Practive Book Section 10-14 on this 14” Day of March, 2016. LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM 108 LBIGUS ROAD, I" FLOOR, WALLINGFORD, CT 06492. © (203) 294-7800 # JURIS NO. 498308Attomey for Plaintiff Joseph S. Dobrowolski, Esq. 51 Elm Street New Haven, CT 06510 408236 Alan S. Tobin Commissioner of the Supetiot Court LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM 108 LEIGUS ROAD, 1 FLOOR, WALLINGFORD, CT 06492 « (203) 294-7800 » JURIS NO. 408308Exhibit A LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM 108 LEIGUS ROAD, 1°" FLOOR, WALLINGFORD, CT 06492 » (203) 294-7800 * JURIS NO. 408308NANCY A. MEEHAN ANDREW S, TURRET* NANCY §.ROSENBAUM ERIK ROBERTS CHRISTOPHER RUSSO STEPHEN J. LEARY* MARIAN H. YUN DANA BEYER* DANIEL BULEY ERIC CAINES** SEAN T. CAREW MICHAEL J. CARREIRA JESALYN COLE JOANNA M. CZEKAJEWSKI VINCENT DI PALMA DENISE DREWS* STACEY FRANCOLINE ROBERT HENRY JAMBS FRAGUELA VINCENT ENGINGRO TYLER DEW LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM EMPLOYEES OF LIBERTY MUTUAL Group, INC. 108 LEIGUS ROAD, 1ST FLOOR WALLINGFORD, CONNECTICUT 06492 TELEPHONE: (203) 294-7800 E-SERVICE: LMLAWCT@LibertyMamal.com EFAX: (603)427-2666 PLEASE BE ADVISED THAT WE. ARE NOW ACCEPTING E-SERVICE *ALSO ADMITTED IN NEW YORK **ALSO ADMITTED IN MASSACHUSETTS + ALSO ADMITTED IN RHODE ISLAND ++ALSO ADMITTED IN MAINE/VERMONT +++ALSO ADMITTED IN NEW JERSEY FRANK GAROFALO, II HEATHER GENOVESE, GARY W. HOHENTHAL KEVIN HUGHES TAYLOR W. JOHNSON JOHN KANCA SARAH KELLER™ MATTHIAS DEANGELO MARY ANN MCCLUSKEY* THOMAS MULLANEY IIT PATRICE S, NOAH SHARIN, PEARLMAN CHRISTOPHER J. POWDERLY MICHAEL ROMANELLIJR WILLIAM J. SHEA SCOTT STEWART KEITH STURGES MICHAEL BISCHOFF ALAN S, TOBIN™* JAMES DONOHUE January 18, 2016 Joseph S. Dobrowolski Esq. 51 Elm Street New Haven, CT 06510 RE: David Confeiteiro v. Tatiana Mezarin| ‘ojas ET AL Dear Attorney Dobrowolski: As you know, we have a PTC scheduled for 2/2/16 It was hoped that we would have sufficient information to engage in substantive settlement discussion on that date. However, we have yet to receive responses to our recent requests including: 1. Response to my 12/11/16 email seeking: it. Your client's primary care MD records 2010-present, 2. His prior neurological care (Dr. Sena) 2011-2012 before our loss including actual diagnostics/ilms 3. and psychological/psychiatric/counselling records after death of plaintiff's 14 yr. old daughter in Sept. 2013, 2. Response to my inquiry re: agreement on IME as outlined on 12/13 (below)As follow up to the requested information potential settlement in February, information, you would consent Zelman MD regarding the cogn and in order to be in a position to discuss Please advise if, on receipt of all necessary to an IME with either Kimberlee Sass Phd or Marvin itive issues alleged by your client.) Until these issues are addressed, | don't believe we will be in a position to engage in any substantive settlement discussions. Please advise when we may expect responses to these issues. Very truly yours, Man S Tobin Alan S. Tobin