Chandra Bozelko v. Best Buy Co., Inc. et al. (2012)

ORDER RE MOTION FOR SUMMARY JUDGMENT (# 114)

FACTS

On June 18, 2010, the plaintiff, Chandra Bozelko, an inmate appearing pro se, filed a complaint, alleging violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq., against Best Buy Co., Inc. (Best Buy) and Certegy Payment Recovery Systems, Inc.¹ The plaintiff alleges that on June 18, 2008, while the plaintiff was incarcerated, an unknown third party wrote out a check for payment of purchases with Best Buy. She further alleges that Best Buy assigned the check to the defendant for collection.   The plaintiff alleges she disputed the validity of the debt in February 2009, and requested copies of the check, which the defendant has not provided in violation of the FDCPA.   On July 14, 2011, the defendant filed a motion for summary judgment on the ground that there is no genuine issue of material fact that the defendant did not violate the FDCPA.   The plaintiff filed an objection on September 6, 2011.

“Practice Book § 17–49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”  (Internal quotation marks omitted.)  Brooks v. Sweeney, 299 Conn. 196, 210, 9 A.3d 347 (2010).   Pursuant to Practice Book § 17–45, “[a] motion for summary judgment shall be supported by such documents as may be appropriate, including but not limited to affidavits, certified transcripts of testimony under oath, disclosures, written admissions and the like ․ Affidavits, and other documentary proof not already a part of the file, shall be filed and served as are pleadings.”  “As the party moving for summary judgment, the [movant] is required to support its motion with supporting documentation, including affidavits.”  Heyman Associates No. 1 v. Insurance Co. of Pennsylvania, 231 Conn. 756, 796, 653 A.2d 122 (1995).

In the present case, the court's file does not contain the affidavit that is referenced in the defendant's motion.   The court recalls there was reference to the affidavit in oral argument.   The defendant is ordered to file the affidavit that it referenced in its brief within two weeks.   The failure to file this affidavit will result in the denial of this motion.   The plaintiff, for good cause shown may request additional argument, if she too has not received the affidavit.   This request for additional argument must be filed within four weeks of this order.

Cosgrove, J.

FOOTNOTES

FN1. On August 24, 2011, this action was withdrawn as to Best Buy. As Certegy Payment Recovery Systems, Inc. is the only remaining movant, it will hereinafter be referred to as the defendant..  FN1. On August 24, 2011, this action was withdrawn as to Best Buy. As Certegy Payment Recovery Systems, Inc. is the only remaining movant, it will hereinafter be referred to as the defendant.

Cosgrove, Emmet L., J.