Order: CONFEITEIRO, DAVID v. MEZARINA-ROJAS, TATIANA Et Al

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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                                :   OCTOBER 12, 2016


                                  MOTION FOR RECONSIDERATION OF MOTION FOR CONTINUANCE

                                    The undersigned Defendants         request the Court to Reconsider the Motion for Trial

                           Continuance filed by agreement of the parties on 9/21/16. The purpose of this Motion is to more

                           fully set forth the issues that need to be addressed before a fair and equitable Trial can occur. In

                           support of this Motion, the Defendants states:

                                    1.    The parties, the undersigned and Plaintiff Trial counsel, who entered into case in March

                                         2016, have made good faith efforts to        exchange necessary information and have this

                                         case involving complex damage issues, prepared for a fair trial to both sides.            Despite

                                         those efforts, issue remain that require a short delay in the Trial of this case.

                                    2.   The Parties have agree to try and resolve the case through Mediation with the Honorable

                                         Judge Freedman, on 10/24/2016. In addition to a focus on preparing for this event, the

                                         complexity of the claims and ongoing new information becoming available may require

                                         follow up discussions, extending the Mediation for a period of 1-2 weeks.

                                    3.   The Plaintiff is scheduled to undergo a neurological IME on 10/13, based on the

                                         Defendant’s receipt of Plaintiff’s neurologist records prior to the subject loss on

                                         8/29/16 followed by a deposition of the treating neurologist, Dr. Sena on 9/8/2016.

                                         We would expect an IME Report by 10/24 followed by an Expert Disclosure, and if

                                         desired, a deposition by Plaintiff counsel and ability to have a Plaintiff Expert address

                                         the IME findings.
                                    4.   A large part of the Plaintiff’s case is based on a lost earning capacity claim.        The

                                         defendant was only provided disclosure of full relevant tax returns as of 10/7/2016 and

                                         has yet to be provided with employment records (authorization provided on 10/7).

                                         Despite non receipt of records by Defendants, the Plaintiff on 9/7/2016 disclosed an

                                         economist expected to testify on issues not disclosed to the Defendants, while the

                                         Defendants have filed appropriate Motion in Limine/Preclusion regarding the lost

                                         earning capacity claims, Defendants would have no dispute with the claims so long as

                                         they have an adequate opportunity to obtain all relevant information and the opportunity

                                         to retain a countering Expert.



                                    WHEREFORE, the Defendants move that the agreed upon Motion for Trial Continuance

                           be Reconsidered and Granted in the interests of fundamental fairness to both parties in the case.




                                                                                 THE DEFENDANTS,


                                                                                 By       408236
                                                                                 Alan S. Tobin
                                                                                 Law Offices of Meehan, Roberts, Turret &
                                                                                 Rosenbaum
                                                                                 108 Leigus Road, 1st Floor
                                                                                 Wallingford, CT 06492
                                                                                 Telephone: 203-294-7800
                                                                                 Juris # 408308
                                                                         CERTIFICATION
                                This is to certify that all personal identifying information was redacted pursuant to Practice

                           Book Section 4-7.   This will further certify the foregoing was mailed via U.S. Mail, postage pre-paid

                           or electronically delivered pursuant to Practice Book Section 10-14 on this 12th day of October,

                           2016.


                           Attorney for Pltf
                           Joseph S. Dobrowolski, Esq.
                           51 Elm Street
                           New Haven, CT 06510

                           Law Offices of Paul Farren Jr.
                           129 Whitney Avenue
                           New Haven, CT        06510



                                                                                          408236
                                                                                 Alan S. Tobin
                                                                                 Commissioner of Superior Court