Discover Bank v. James Lowe (2014)

ORDER OF DEFAULT

This matter was scheduled for a pretrial conference to take place on January 29, 2014, at 9:00 a.m. Notice of the pretrial conference was sent to both parties.¹  Counsel for the plaintiff appeared on the scheduled date and at the scheduled time.   Neither the defendant nor anyone purporting to represent him appeared for the pretrial conference.   The court has received no communication from the defendant that would serve to explain his absence.   See Gatavaski v. Gaetano, Superior Court, Docket No. CV 99 0433171 (June 11, 2001, Pittman, J.).

Practice Book § 14–13 provides, in relevant part, that “[p]arties and their attorneys shall attend the pretrial session;  ․ If any person fails to attend or to be available by telephone pursuant to this rule, the judicial authority may make such order as the ends of justice require, which may include the entry of a nonsuit or default against the party failing to comply and an award to the complying party of reasonable attorneys fees.”   The notice of the pretrial conference that was sent in this case, see note 1 supra, stated in relevant part as follows:  “Pursuant to P.B. Sec. 14–13, all parties and counsel must attend ․ If any person fails to comply with this order, the court may make such orders as the ends of justice require, which may include nonsuit or default & an award of reasonable attorneys fees.”

Based on the foregoing, a default will enter against defendant.   See Abatement Industries Group v. Britto, Superior Court, judicial district of Fairfield, Docket No. CV 08 5017355 (October 24, 2011, Gilardi, J.T.R.) (default entered against defendant in foreclosure action for failure to attend pretrial conference).

So ordered.

John A. Danaher, III, J.

FOOTNOTES

FN1. The court file reflects that on December 26, 2013, notice of the pretrial conference was sent to, inter alia, “James Lowe, 17 Englewood Ave., Oakville, CT 06779.”   The court's file also reflects the fact that on December 10, 2013, the defendant filed an appearance as a self-represented party and listed his mailing address as “17 Englewood Ave., Oakville, CT 06779.”.  FN1. The court file reflects that on December 26, 2013, notice of the pretrial conference was sent to, inter alia, “James Lowe, 17 Englewood Ave., Oakville, CT 06779.”   The court's file also reflects the fact that on December 10, 2013, the defendant filed an appearance as a self-represented party and listed his mailing address as “17 Englewood Ave., Oakville, CT 06779.”

Danaher, John A., J.