DocketNumber: No. CV95 032 77 83
Citation Numbers: 1998 Conn. Super. Ct. 11266, 23 Conn. L. Rptr. 11
Judges: MOTTOLESE, J.
Filed Date: 10/8/1998
Status: Non-Precedential
Modified Date: 4/17/2021
Next, the clerk of this judicial district, as was the case inPellechia, supra, has a practice of date stamping every pleading that is filed, whether or not it contains a correct docket number. After being date stamped, if a pleading is thereafter discovered to have an incorrect docket number the pleading is rejected and returned to the sender. In this case, the proffered "answer" reproduced from the defendant's file conspicuously contains no date stamp. So, an incorrect docket number on the "answer" would have generated a stamped copy in the defendant's file which of course would have presented to the court in support of the pending motion. These facts strengthen the inference that for whatever reason as yet unspecified, the "answer" was never filed.
II. The defendant represents in the motion that unless the defendant is permitted to contest liability it "maybe precluded from receiving federal grant funds and equitable sharing of asset forfeitures". The court is not persuaded. It is the view of this court that under the standard of good cause as set forth in P.B. §
III. The defendant disputes the default as a sanction arguing that it is disproportionate to the infraction. Instead of default the defendant suggests that the court award attorneys fees to the plaintiff and permit the plaintiff to file an offer of judgment retroactive to the date the suit was filed. Assuming without deciding that the court possesses such powers under § 17-42, the court does not believe that these sanctions alone or in combination are appropriate to the facts of this case or constitute a just remedy to a plaintiff who has been waiting for a hearing in damages before a jury for more than eighteen months.
The motion to reargue is denied. The motion to reconsider is granted and court's prior ruling is reaffirmed.
THE COURT,
A. WILLIAM, MOTTOLESE, JUDGE