Connecticut Superior Court Judicial District of New Haven at New HavenJul 8, 2008
2008 Ct. Sup. 11202 (Conn. Super. Ct. 2008)

No. CV 05 4016528 S

July 8, 2008


The defendant University of New Haven, et al. (UNH, et al.) moves for entry of a judgment of non-suit against the plaintiff Robert Rafalko for failure to testify as a properly noticed court-ordered deposition.

The plaintiff Rafalko argues the court to "dismiss" the defendants' request for a second deposition, deny the motion for non-suit and schedule a trial date.

The court has heard oral arguments and having considered Practice Book Rules, the applicable law, the written objection filed by the plaintiff Rafalko and the memoranda of law filed by the defendant, which chronicles the litigation misconduct of the plaintiff.

The court hereby sanctions the plaintiff and grants the defendants' request for cost incurred in the preparation for Rafalko's deposition on May 6, 2008; and the cost incurred by obtaining a court reporter and cost of this motion.

Court will file a written Memorandum of Decision.

Further our Supreme Court's decision in Milbrook Corners Ass'n, Inc. v. Hamilton Standard, 257 Conn. 1 (2001), set forth a three (3) prong test to be employed in order to determine if a trial court's order of sanctions was appropriate.

First: The order to be complied with must be reasonably clear.

Second: The record must establish that the order was in fact violated.

Third: The sanction imposed must be proportional to the violation.

The sanction for cost are appropriate based upon the record of this matter.

The court orders that all parties appear on July 28, 2008 short calendar docket at 10 a.m. at which time a court order for the deposition of the plaintiff will clearly enter and the defendants will present a bill of cost to be imposed pursuant to this court's order.