Sylvester Traylor, Administrator of the Estate of Roberta Mae Traylor et al v. Bassam Awwa, M.D. et al. (2010)

MEMORANDUM RE ORDER Revised Complaint, August 30, 2010[404]

During a proceeding herein held on September 7, 2010, the court entered an order as follows:

“The submittal entitled ‘Revised Complaint’ dated and filed on August 30, 2010, file entry 404 which was signed by the plaintiff, Sylvester Traylor, is a nullity and will not receive any consideration by the Court;  the defendants need not plead to it.   It will remain physically in the file as a part of the record available for appellate purposes.   It purports to be filed pursuant to section 10-44 of the Practice Book. Its content readily shows it is not authorized by that section.

“It is in direct contravention of the Court's July 15, 2010, order barring Sylvester Traylor from representing himself.   That's file entry 364.

“The August 30, 2010, Revised Complaint names a new defendant not previously a defendant herein.   The ‘new defendant’ has never been served and is not a defendant herein.

“Plaintiff Traylor had filed, via his counsel, Hall Johnson, a ‘valid’ § 10-44 Revised Complaint on the preceding court day, August 27, 2010.

“The Court will not allow the Revised Complaint dated August 30, 2010, under the authority of § 10-60(b) which provides in pertinent part:

‘The judicial authority may restrain such amendments so far as may be necessary to compel the parties to join issue in a reasonable time for trial.’  Practice Book § 10-60(b).

“The Court finds from the history of this case and the plaintiff Sylvester Traylor's conduct herein that the Court must restrain the amendment(s) contained in the August 30, 2010 Revised Complaint as it is necessary to have the parties join issue in a reasonable time for trial, mindful that this case was returnable to this Court in early July 2006, over 4 years ago, and the pleadings are not closed.

“The August 30, 2010, Revised Complaint is not allowed as a pleading and is to be afforded no standing herein.”

“That is an order of the Court effective immediately.”

Transcript of Proceedings, September 7, 2010, pp. 22-23.

September 13, 2010

Parker J.T.R.

Parker, Thomas F., J.T.R.