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DOCKET NO. NNH-CV19-6097196-S : SUPERIOR COURT
:
SUMMIT ASSOCIATES, LTD., et al : J.D. OF NEW HAVEN
:
v. : AT NEW HAVEN
:
ABDUL RAHMAN YAMRALI : MARCH 8, 2022
SUPPLEMENTAL MOTION FOR JUDGMENT OF DEFAULT
The Plaintiffs in the above-entitled action, Summit Associates, Ltd. (a New York entity)
and Summit Associates, Ltd. (an Afghanistan entity) (collectively the “Plaintiffs”), hereby
supplement their Motion for Judgment of Default dated February 11, 2022 (D.E. 156.00) and
move, pursuant to Practice Book § 17-32(a), for the entry of default judgment against the
Defendant Abdul Rahman Yamrali (the “Defendant”), for his further failures to obey the Court
orders related to the disclosure of defenses and responses to Plaintiffs’ discovery requests.
Following a status conference with the parties on January 12, 2022, the Court (Wilson, J.)
issued Orders on January 18, 2022 setting forth final deadlines for the Defendant’s compliance
with Plaintiffs’ outstanding motions as follows:
1. Defendant was ordered to disclose defenses in response to Plaintiff’s Demand for
Disclosure of Defense, dated October 22, 2020, on or before March 4, 2022 (D.E. 141.10). The
Court’s Order indicated that “[i]f the moving party does not receive compliance by that date, the
moving party may file a Motion for Judgment of Default referring to this Order.” A copy of the
Court’s Order is attached hereto as Exhibit A.
2. Defendant was ordered to comply with Plaintiffs’ discovery requests, dated August
4, 2020, on or before March 4, 2022. The Court’s Order indicated that “[i]f the moving party does
not receive compliance by that date, the moving party may file a Motion for Judgment of Default
referring to this Order.” A copy of the Court’s Order is attached hereto as Exhibit B.
As the Docket Sheet indicates, Defendant has complied with neither of these Orders, nor
has he moved for an extension of time to do so. Plaintiffs’ Motion for Judgment of Default, dated
February 11, 2022 (D.E. 156.00), was based on the Defendant’s failure to file a responsive pleading
by February 8, 2022 as ordered by the Court. Said Motion was submitted for adjudication on the
February 28, 2022 Short Calendar.1
In his defiance of no less than three Court orders, the Defendant has proven that he is
unwilling or unable to comply with his obligations to this Court and under the Connecticut Practice
Book. This is an action that was filed in October 2019 and Plaintiffs’ outstanding motions have
been pending since August and October 2020, respectively. For the last twenty-eight months,
Defendant has been evading his obligations under the contract at issue through one baseless delay
tactic after another. To ignore this conduct, without consequence, is to condone it. An order of
judgment is the appropriate remedy for such egregious conduct.
For the reasons set forth herein and in Plaintiffs’ Motion for Judgment of Default (D.E.
156.00), an order of judgment in favor of Plaintiffs should enter as to Count One (Declaratory
Judgment) and judgment as to liability in favor of Plaintiffs should enter as to Count Two (Breach
of Contract), and the Court should schedule a hearing in damages as to Count Two.
1
Despite the Court’s Order requiring Defendant to file a responsive pleading on or before
February 8, 2022 (D.E. 155.00), and in response to Plaintiffs’ Motion for Judgment of Default,
Defendant filed a frivolous 28-page Request to Revise at the eleventh hour on the morning of
February 28, 2022, the date of the Short Calendar on Plaintiffs’ Motion for Judgment on Default,
which has not yet been ruled on by the Court. This is consistent with Defendant’s repeated late
filings, including several others filed the night before, or on the date of a motion that had been
marked ready.
2
PLAINTIFFS,
By /s/ Erica O. Nolan
David A. Slossberg
Erica O. Nolan
HURWITZ, SAGARIN, SLOSSBERG & KNUFF, LLC
147 North Broad Street, Milford, CT 06460
Tel: (203) 877-8000/Fax: (203) 878-9800
Juris No. 026616
DSlossberg@hssklaw.com
ENolan@hssklaw.com
Of Counsel
ZUKERMAN, GORE BRANDEIS & CROSSMAN, LLP
Eleven Times Square
New York, NY 10036
Tel: (212) 223-6700
CERTIFICATION
I hereby certify that a copy of the above was mailed or electronically delivered on March
8, 2022 to all counsel and self-represented parties of record and that written consent for
electronic delivery was received from all counsel and self-represented parties of record
who were electronically served:
Pat Labbadia, III
Law Office of Pat Labbadia
63 West Main Street
P.O. Box 365
Clinton, CT 06413
PLabbadia@aol.com
/s/ Erica O. Nolan
Erica O. Nolan
3
EXHIBIT A
ORDER 421279
DOCKET NO: NNHCV196097196S SUPERIOR COURT
SUMMIT ASSOCIATES, LTD., A NEW JUDICIAL DISTRICT OF NEW HAVEN
YORK CORPORATION Et Al AT NEW HAVEN
V.
YAMRALI, ABDUL RAHMAN 1/18/2022
ORDER
ORDER REGARDING:
08/13/2021 141.00 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE
The foregoing, having been considered by the Court, is hereby:
ORDER:
The defendant is hereby ordered to disclose defense on or before 3/4/2022. If the moving party does not
receive compliance by that date, the moving party may file a Motion for Judgment of Default referring
to this order. Absent proof of compliance on file before the motion appears on this short calendar, the
motion will be granted by the Court and judgment will enter.
Judicial Notice (JDNO) was sent regarding this order.
421279
Judge: ROBIN LYNN WILSON
This document may be signed or verified electronically and has the same validity and status as a document with a physical
(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
Connecticut General Statutes and Connecticut Practice Book Section 4-4.
NNHCV196097196S 1/18/2022 Page 1 of 1
EXHIBIT B
ORDER 421279
DOCKET NO: NNHCV196097196S SUPERIOR COURT
SUMMIT ASSOCIATES, LTD., A NEW JUDICIAL DISTRICT OF NEW HAVEN
YORK CORPORATION Et Al AT NEW HAVEN
V.
YAMRALI, ABDUL RAHMAN 1/18/2022
ORDER
ORDER REGARDING:
08/13/2021 142.00 MOTION FOR ORDER OF COMPLIANCE – PB SEC 13-14 (INTERR/PROD –
13-6/13-9)
The foregoing, having been considered by the Court, is hereby:
ORDER: GRANTED
Compliance is ordered on or before 3/4/2022. If the moving party does not receive compliance by that
date, the moving party may file a Motion for Judgment of Default referring to this order. Absent proof of
compliance on file before the motion appears on this short calendar, the motion will be granted by the
Court and judgment will enter.
Short Calendar Results Automated Mailing (SCRAM) Notice was sent on the underlying motion.
421279
Judge: ROBIN LYNN WILSON
This document may be signed or verified electronically and has the same validity and status as a document with a physical
(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
Connecticut General Statutes and Connecticut Practice Book Section 4-4.
NNHCV196097196S 1/18/2022 Page 1 of 1
Preview
DOCKET NO. NNH-CV19-6097196-S : SUPERIOR COURT : SUMMIT ASSOCIATES, LTD., et al : J.D. OF NEW HAVEN : v. : AT NEW HAVEN : ABDUL RAHMAN YAMRALI : MARCH 8, 2022 SUPPLEMENTAL MOTION FOR JUDGMENT OF DEFAULT The Plaintiffs in the above-entitled action, Summit Associates, Ltd. (a New York entity) and Summit Associates, Ltd. (an Afghanistan entity) (collectively the “Plaintiffs”), hereby supplement their Motion for Judgment of Default dated February 11, 2022 (D.E. 156.00) and move, pursuant to Practice Book § 17-32(a), for the entry of default judgment against the Defendant Abdul Rahman Yamrali (the “Defendant”), for his further failures to obey the Court orders related to the disclosure of defenses and responses to Plaintiffs’ discovery requests. Following a status conference with the parties on January 12, 2022, the Court (Wilson, J.) issued Orders on January 18, 2022 setting forth final deadlines for the Defendant’s compliance with Plaintiffs’ outstanding motions as follows: 1. Defendant was ordered to disclose defenses in response to Plaintiff’s Demand for Disclosure of Defense, dated October 22, 2020, on or before March 4, 2022 (D.E. 141.10). The Court’s Order indicated that “[i]f the moving party does not receive compliance by that date, the moving party may file a Motion for Judgment of Default referring to this Order.” A copy of the Court’s Order is attached hereto as Exhibit A. 2. Defendant was ordered to comply with Plaintiffs’ discovery requests, dated August 4, 2020, on or before March 4, 2022. The Court’s Order indicated that “[i]f the moving party does not receive compliance by that date, the moving party may file a Motion for Judgment of Default referring to this Order.” A copy of the Court’s Order is attached hereto as Exhibit B. As the Docket Sheet indicates, Defendant has complied with neither of these Orders, nor has he moved for an extension of time to do so. Plaintiffs’ Motion for Judgment of Default, dated February 11, 2022 (D.E. 156.00), was based on the Defendant’s failure to file a responsive pleading by February 8, 2022 as ordered by the Court. Said Motion was submitted for adjudication on the February 28, 2022 Short Calendar.1 In his defiance of no less than three Court orders, the Defendant has proven that he is unwilling or unable to comply with his obligations to this Court and under the Connecticut Practice Book. This is an action that was filed in October 2019 and Plaintiffs’ outstanding motions have been pending since August and October 2020, respectively. For the last twenty-eight months, Defendant has been evading his obligations under the contract at issue through one baseless delay tactic after another. To ignore this conduct, without consequence, is to condone it. An order of judgment is the appropriate remedy for such egregious conduct. For the reasons set forth herein and in Plaintiffs’ Motion for Judgment of Default (D.E. 156.00), an order of judgment in favor of Plaintiffs should enter as to Count One (Declaratory Judgment) and judgment as to liability in favor of Plaintiffs should enter as to Count Two (Breach of Contract), and the Court should schedule a hearing in damages as to Count Two. 1 Despite the Court’s Order requiring Defendant to file a responsive pleading on or before February 8, 2022 (D.E. 155.00), and in response to Plaintiffs’ Motion for Judgment of Default, Defendant filed a frivolous 28-page Request to Revise at the eleventh hour on the morning of February 28, 2022, the date of the Short Calendar on Plaintiffs’ Motion for Judgment on Default, which has not yet been ruled on by the Court. This is consistent with Defendant’s repeated late filings, including several others filed the night before, or on the date of a motion that had been marked ready. 2 PLAINTIFFS, By /s/ Erica O. Nolan David A. Slossberg Erica O. Nolan HURWITZ, SAGARIN, SLOSSBERG & KNUFF, LLC 147 North Broad Street, Milford, CT 06460 Tel: (203) 877-8000/Fax: (203) 878-9800 Juris No. 026616 DSlossberg@hssklaw.com ENolan@hssklaw.com Of Counsel ZUKERMAN, GORE BRANDEIS & CROSSMAN, LLP Eleven Times Square New York, NY 10036 Tel: (212) 223-6700 CERTIFICATION I hereby certify that a copy of the above was mailed or electronically delivered on March 8, 2022 to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were electronically served: Pat Labbadia, III Law Office of Pat Labbadia 63 West Main Street P.O. Box 365 Clinton, CT 06413 PLabbadia@aol.com /s/ Erica O. Nolan Erica O. Nolan 3 EXHIBIT A ORDER 421279 DOCKET NO: NNHCV196097196S SUPERIOR COURT SUMMIT ASSOCIATES, LTD., A NEW JUDICIAL DISTRICT OF NEW HAVEN YORK CORPORATION Et Al AT NEW HAVEN V. YAMRALI, ABDUL RAHMAN 1/18/2022 ORDER ORDER REGARDING: 08/13/2021 141.00 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE The foregoing, having been considered by the Court, is hereby: ORDER: The defendant is hereby ordered to disclose defense on or before 3/4/2022. If the moving party does not receive compliance by that date, the moving party may file a Motion for Judgment of Default referring to this order. Absent proof of compliance on file before the motion appears on this short calendar, the motion will be granted by the Court and judgment will enter. Judicial Notice (JDNO) was sent regarding this order. 421279 Judge: ROBIN LYNN WILSON This document may be signed or verified electronically and has the same validity and status as a document with a physical (pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the Connecticut General Statutes and Connecticut Practice Book Section 4-4. NNHCV196097196S 1/18/2022 Page 1 of 1 EXHIBIT B ORDER 421279 DOCKET NO: NNHCV196097196S SUPERIOR COURT SUMMIT ASSOCIATES, LTD., A NEW JUDICIAL DISTRICT OF NEW HAVEN YORK CORPORATION Et Al AT NEW HAVEN V. YAMRALI, ABDUL RAHMAN 1/18/2022 ORDER ORDER REGARDING: 08/13/2021 142.00 MOTION FOR ORDER OF COMPLIANCE – PB SEC 13-14 (INTERR/PROD – 13-6/13-9) The foregoing, having been considered by the Court, is hereby: ORDER: GRANTED Compliance is ordered on or before 3/4/2022. If the moving party does not receive compliance by that date, the moving party may file a Motion for Judgment of Default referring to this order. Absent proof of compliance on file before the motion appears on this short calendar, the motion will be granted by the Court and judgment will enter. Short Calendar Results Automated Mailing (SCRAM) Notice was sent on the underlying motion. 421279 Judge: ROBIN LYNN WILSON This document may be signed or verified electronically and has the same validity and status as a document with a physical (pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the Connecticut General Statutes and Connecticut Practice Book Section 4-4. NNHCV196097196S 1/18/2022 Page 1 of 1