Preview
DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT
NANCY BURTON : COMPLEX LITIGATION DOCKET
vs. : AT WATERBURY
DAVID PHILIP MASON, ET AL. : MARCH 8, 2022
REDDING DEFENDANTS’ SECOND MOTION TO STRIKE
Pursuant to Practice Book § 10-39, the Defendants, Town of Redding (the “Town”), Redding
First Selectman Julia Pemberton, Redding Police Chief Mark O’Donnell, Redding Building Department,
Redding Health Department, and Redding Police Department (collectively, the “Redding Defendants”),
respectfully submit this memorandum of law in support of their request that this Court re-strike Counts
One, Four, Five, Nine, Ten, Eleven, Twelve, and Thirteen as to all Redding Defendants, Counts Three
and Fourteen as to the Town, and all references to the Redding Health, Building, and Police
Departments as defendants, from plaintiff’s Fourth Amended Complaint [Doc. 307], filed on February
22, 2022 (“Fourth Am. Compl.”), for failure to viably replead any of such claims. The Redding
Defendants additionally request that this Court strike Count Two, as this Count does not apply to the
Redding Defendants.
On January 21, 2022, this Court granted the Redding Defendants’ Motion to Strike [Doc. 157] as
to Counts One, Four, Five, Nine, Ten, Eleven, Twelve, and Thirteen of plaintiff’s Second Amended
Complaint [Doc. 120] (“Sec. Am. Compl.”) as to all Redding Defendants, Counts Three and Fourteen as
to the Town, and all claims against the Redding Building, Health, and Police Departments. Thereafter,
and after a conference with the Court and all counsel to determine the most efficient way to proceed
1
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
through the remainder of the pleading stage in light of the number of named defendants in this matter,
plaintiff filed a Fourth Amended Complaint on February 22, 2022 [Doc. 307] in which she purports to
have separated her claims into discrete counts directed at each defendant. Accordingly, plaintiff’s
operative complaint sets forth fourteen (14) counts directed at the Redding Defendants, notwithstanding
the fact that ten (10) of those fourteen (14) counts were stricken as to some or all of the Redding
Defendants by this Court on January 21, 2022. Accordingly, because plaintiff has failed to cure the
identified deficiencies in each of the previously stricken claims – all of which have been realleged in this
Fourth Amended Complaint – those claims must again be stricken for failure to state claims upon which
relief can be granted.
Additionally, in her Fourth Amended Complaint, plaintiff has directed a claim of defamation
against the Redding Defendants in Count Two. However, a review of the allegations in Count Two
reveals that this Count is more properly directed at Susan Winters, who is the subject of such
allegations. The Redding Defendants therefore request that this Court strike Count Two from the Fourth
Amended Complaint.
Accordingly, for all the foregoing reasons, and for those set forth in more detail in the
accompanying memorandum of law, Defendants Town of Redding, Redding First Selectman Julia
Pemberton, Redding Chief of Police Mark O’Donnell, Redding Building Department, Redding Health
Department, and Redding Police Department move this Court to strike all those counts previously
stricken from plaintiff’s Second Amended Complaint that have been improperly repleaded in her Fourth
Amended Complaint, as well as Count Two, and all references to the entity defendants as “defendants.”
2
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
DEFENDANTS,
TOWN OF REDDING, REDDING
FIRST SELECTMAN JULIA
PEMBERTON, REDDING POLICE
CHIEF MARK O’DONNELL, REDDING
BUILDING DEPARTMENT, REDDING
HEALTH DEPARTMENT, AND REDDING
POLICE DEPARTMENT
BY/ss/ James N. Tallberg
James N. Tallberg
Kimberly A. Bosse
Karsten & Tallberg, LLC
500 Enterprise Dr., Suite 4B
Rocky Hill, CT 06067
T: (860)233-5600
F: (860)233-5800
jtallberg@kt-lawfirm.com
kbosse@kt-lawfirm.com
3
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
CERTIFICATION
This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book
§ 10-13 on March 8, 2022, to the following counsel of record:
Nancy Burton, Pro Se Michael D. Riseberg
154 Highland Avenue Christine N. Parisi
Rowayton, CT 06853 53 State Street
(203) 313-1510 Boston, MA 02109
NancyBurtonCT@aol.com (667) 330-7102
mriseberg@rubinrudman.com
cparise@rubinrudman.com
Jonathan Edward Harding, Esq. Steve Stafstrom, Esq.
Matthew Levine, Esq. Pullman & Comley, LLC
Carole Briggs, Esq. 850 Main Street, P.O. Box 7006
AG-Environmental Bridgeport, CT 06601
165 Capitol Avenue, 5th Floor sstafstrom@pullcom.com
Hartford, CT 06106
(860) 808-5172
Jonathan.harding@ct.gov
Matthew.Levine@ct.gov
Carole.Briggs@ct.gov
Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114
(860) 249-1361
pnewbury@hl-law.com
BY /ss/Kimberly A. Bosse
Kimberly A. Bosse
4
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
Related Content
in New Haven County
Preview
DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT NANCY BURTON : COMPLEX LITIGATION DOCKET vs. : AT WATERBURY DAVID PHILIP MASON, ET AL. : MARCH 8, 2022 REDDING DEFENDANTS’ SECOND MOTION TO STRIKE Pursuant to Practice Book § 10-39, the Defendants, Town of Redding (the “Town”), Redding First Selectman Julia Pemberton, Redding Police Chief Mark O’Donnell, Redding Building Department, Redding Health Department, and Redding Police Department (collectively, the “Redding Defendants”), respectfully submit this memorandum of law in support of their request that this Court re-strike Counts One, Four, Five, Nine, Ten, Eleven, Twelve, and Thirteen as to all Redding Defendants, Counts Three and Fourteen as to the Town, and all references to the Redding Health, Building, and Police Departments as defendants, from plaintiff’s Fourth Amended Complaint [Doc. 307], filed on February 22, 2022 (“Fourth Am. Compl.”), for failure to viably replead any of such claims. The Redding Defendants additionally request that this Court strike Count Two, as this Count does not apply to the Redding Defendants. On January 21, 2022, this Court granted the Redding Defendants’ Motion to Strike [Doc. 157] as to Counts One, Four, Five, Nine, Ten, Eleven, Twelve, and Thirteen of plaintiff’s Second Amended Complaint [Doc. 120] (“Sec. Am. Compl.”) as to all Redding Defendants, Counts Three and Fourteen as to the Town, and all claims against the Redding Building, Health, and Police Departments. Thereafter, and after a conference with the Court and all counsel to determine the most efficient way to proceed 1 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 through the remainder of the pleading stage in light of the number of named defendants in this matter, plaintiff filed a Fourth Amended Complaint on February 22, 2022 [Doc. 307] in which she purports to have separated her claims into discrete counts directed at each defendant. Accordingly, plaintiff’s operative complaint sets forth fourteen (14) counts directed at the Redding Defendants, notwithstanding the fact that ten (10) of those fourteen (14) counts were stricken as to some or all of the Redding Defendants by this Court on January 21, 2022. Accordingly, because plaintiff has failed to cure the identified deficiencies in each of the previously stricken claims – all of which have been realleged in this Fourth Amended Complaint – those claims must again be stricken for failure to state claims upon which relief can be granted. Additionally, in her Fourth Amended Complaint, plaintiff has directed a claim of defamation against the Redding Defendants in Count Two. However, a review of the allegations in Count Two reveals that this Count is more properly directed at Susan Winters, who is the subject of such allegations. The Redding Defendants therefore request that this Court strike Count Two from the Fourth Amended Complaint. Accordingly, for all the foregoing reasons, and for those set forth in more detail in the accompanying memorandum of law, Defendants Town of Redding, Redding First Selectman Julia Pemberton, Redding Chief of Police Mark O’Donnell, Redding Building Department, Redding Health Department, and Redding Police Department move this Court to strike all those counts previously stricken from plaintiff’s Second Amended Complaint that have been improperly repleaded in her Fourth Amended Complaint, as well as Count Two, and all references to the entity defendants as “defendants.” 2 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 DEFENDANTS, TOWN OF REDDING, REDDING FIRST SELECTMAN JULIA PEMBERTON, REDDING POLICE CHIEF MARK O’DONNELL, REDDING BUILDING DEPARTMENT, REDDING HEALTH DEPARTMENT, AND REDDING POLICE DEPARTMENT BY/ss/ James N. Tallberg James N. Tallberg Kimberly A. Bosse Karsten & Tallberg, LLC 500 Enterprise Dr., Suite 4B Rocky Hill, CT 06067 T: (860)233-5600 F: (860)233-5800 jtallberg@kt-lawfirm.com kbosse@kt-lawfirm.com 3 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 CERTIFICATION This is to certify that a copy of the foregoing was mailed electronically pursuant to Practice Book § 10-13 on March 8, 2022, to the following counsel of record: Nancy Burton, Pro Se Michael D. Riseberg 154 Highland Avenue Christine N. Parisi Rowayton, CT 06853 53 State Street (203) 313-1510 Boston, MA 02109 NancyBurtonCT@aol.com (667) 330-7102 mriseberg@rubinrudman.com cparise@rubinrudman.com Jonathan Edward Harding, Esq. Steve Stafstrom, Esq. Matthew Levine, Esq. Pullman & Comley, LLC Carole Briggs, Esq. 850 Main Street, P.O. Box 7006 AG-Environmental Bridgeport, CT 06601 165 Capitol Avenue, 5th Floor sstafstrom@pullcom.com Hartford, CT 06106 (860) 808-5172 Jonathan.harding@ct.gov Matthew.Levine@ct.gov Carole.Briggs@ct.gov Philip T. Newbury, Jr., Esq. Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 pnewbury@hl-law.com BY /ss/Kimberly A. Bosse Kimberly A. Bosse 4 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030