Opinion
No. NNH CV 05 4009735
August 10, 2005
MEMORANDUM AND ORDER RE MOTION TO DISMISS AND MOTION TO AMEND COMPLAINT
The plaintiff moves to amend his complaint in this case. The plaintiff Thaddeus Taylor is an inmate of the Connecticut Department of Corrections. By his own admission in his proposed amended complaint, he has filed at least thirty lawsuits in the federal and state courts of Connecticut over the last ten years. In this case, he has filed a lawsuit against Sebastian DeSantis, the attorney who formerly represented Taylor in a habeas corpus proceeding; Sabilia and DeSantis, LLC, the law firm that "supervised" DeSantis; the Chief Public Defender's Office of the State of Connecticut, through which the appointment of habeas counsel was arranged; and Assistant Attorney General Steven Strom, who opposed Taylor's habeas action.
The Attorney General's Office has filed an appearance for Strom and for DeSantis, and for the Chief Public Defender. Those defendants have filed a Motion to Dismiss, #104, alleging a lack of subject matter jurisdiction because of sovereign immunity. The plaintiff has filed a Motion to Strike the motion to dismiss, #105, on the ground that the Assistant Attorney General Michael Lanoue has not properly filed his appearance. The plaintiff has also responded to the Motion to Dismiss with an Objection to Motion to Dismiss, #106, and has filed a Motion for Permission to File Revised and Amended Complaint, #107.
Since the Motion to Dismiss raises the issue of subject matter jurisdiction, that must be decided before any further action on the other pending motions or objections regarding these defendants. Baldwin Piano Organ Co. v. Blake, 186 Conn. 295, 297-98, 441 A.2d 183 (1982). Therefore the court marks OFF the plaintiff's motion #107 and the accompanying Application for Waiver of Fees until such time as the Motion to Dismiss has been CT Page 11889-bi decided.
The defendant Sabilia and DeSantis, LLC has appeared through private counsel and, rather than join in the motion of the other defendants, has filed a request to revise. The plaintiff's proposed Revised and Amended Complaint is arguably a proper response to the request to revise of this defendant, and the court so notes this response. In an attempt to provide for orderly adjudication in this case, the court stays the running of any pleading time limits between the plaintiff and the defendant Sabilia and DeSantis until the Motion to Dismiss filed by the other defendants is decided.
Patty Jenkins Pittman, Judge CT Page 11889-bj