On March 16, 2015 a
Request,Application
was filed
involving a dispute between
Midwest Financial Credit Unit K N A Dfcu Financial,
and
David E. Stubbs,
for C40 - Contracts - Collections
in the District Court of New Haven County.
Preview
DOCKET NUMBER: NNH-CV15-6053204-S
MIDWEST FINANCIAL CREDIT UNION, ) SUPERIOR COURT
Plaintiff )
) J. D. OF NEW HAVEN
)
VS. ) AT NEW HAVEN
)
DAVID STUBBS, )
Defendant ) JUNE 22, 2015
REQUEST TO REVISE
Pursuant to Practice Book 10-35, the Defendant, David Stubbs, hereby requests
that the Plaintiff revise its Complaint dated February 13, 2015, as follows:
FIRST REQUEST TO REVISE
Portion of the Pleading Sought to be Revised: Paragraph 1 of the Plaintiff’s
Complaint.
Requested Revision: Revise this paragraph to identify whether the alleged obligation
to make payments on the purported “Credit Line Account” and “Personal Loan
Application” was in any way secured by real estate owned by Mr. Stubbs. (See,
Complaint, ¶ 2).
Reason for Revision: This is an action to collect a delinquent balance on an alleged
“Credit Line Account.” As a threshold matter, the Defendant disputes liability as to the
credit line account and personal loan application.
In order to properly formulate a response to Paragraph 1, the Defendant is requesting
that Plaintiff identify whether or not the “Credit Line Account” was in any way secured by
real estate as this will impact the defense of the case.
“Whenever any party desires to obtain…a more complete or particular statement of the
allegations of an adverse party’s pleading…the party desiring any such amendment in an
adverse party’s pleading may file a timely request to revise that pleading. See, Practice
Book §10-35. The Defendants now request that the plaintiff revise its complaint so that the
Defendants may be fully apprised of the Plaintiff’s claims against them and respond by
dispositive motion, counterclaim, or special defense.
Objection:
The Defendant,
David Stubbs
By: _s/427612__________
Roderick D. Woods, Esq.
The Woods Law Firm, LLC
100 Pearl Street
14th Floor
Hartford, Connecticut 06103
(860) 549-6275 (Tel.)
(860) 371-3242 (Fax)
rwoods@rdw-law.com
ORDER
The foregoing Request to Revise having been
presented to the Court, It is hereby,
ORDERED:
GRANTED/DENIED as to the First Request to Revise
BY THE COURT
Judge/Clerk
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Request to Revise has been delivered to
Counsel for the Plaintiff on June 24, 2015:
Jacobs and Rozich, LLC
91 William Street
P. O. Box 1952
New Haven, Connecticut 06509
s/427612
Roderick D. Woods, Esq.
Commissioner of the
Superior Court
Document Filed Date
June 24, 2015
Case Filing Date
March 16, 2015
Category
C40 - Contracts - Collections
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DOCKET NUMBER: NNH-CV15-6053204-S MIDWEST FINANCIAL CREDIT UNION, ) SUPERIOR COURT Plaintiff ) ) J. D. OF NEW HAVEN ) VS. ) AT NEW HAVEN ) DAVID STUBBS, ) Defendant ) JUNE 22, 2015 REQUEST TO REVISE Pursuant to Practice Book 10-35, the Defendant, David Stubbs, hereby requests that the Plaintiff revise its Complaint dated February 13, 2015, as follows: FIRST REQUEST TO REVISE Portion of the Pleading Sought to be Revised: Paragraph 1 of the Plaintiff’s Complaint. Requested Revision: Revise this paragraph to identify whether the alleged obligation to make payments on the purported “Credit Line Account” and “Personal Loan Application” was in any way secured by real estate owned by Mr. Stubbs. (See, Complaint, ¶ 2). Reason for Revision: This is an action to collect a delinquent balance on an alleged “Credit Line Account.” As a threshold matter, the Defendant disputes liability as to the credit line account and personal loan application. In order to properly formulate a response to Paragraph 1, the Defendant is requesting that Plaintiff identify whether or not the “Credit Line Account” was in any way secured by real estate as this will impact the defense of the case. “Whenever any party desires to obtain…a more complete or particular statement of the allegations of an adverse party’s pleading…the party desiring any such amendment in an adverse party’s pleading may file a timely request to revise that pleading. See, Practice Book §10-35. The Defendants now request that the plaintiff revise its complaint so that the Defendants may be fully apprised of the Plaintiff’s claims against them and respond by dispositive motion, counterclaim, or special defense. Objection: The Defendant, David Stubbs By: _s/427612__________ Roderick D. Woods, Esq. The Woods Law Firm, LLC 100 Pearl Street 14th Floor Hartford, Connecticut 06103 (860) 549-6275 (Tel.) (860) 371-3242 (Fax) rwoods@rdw-law.com ORDER The foregoing Request to Revise having been presented to the Court, It is hereby, ORDERED: GRANTED/DENIED as to the First Request to Revise BY THE COURT Judge/Clerk CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Request to Revise has been delivered to Counsel for the Plaintiff on June 24, 2015: Jacobs and Rozich, LLC 91 William Street P. O. Box 1952 New Haven, Connecticut 06509 s/427612 Roderick D. Woods, Esq. Commissioner of the Superior Court