Keith R. Sniffen v. Richard K. Gillotti (2014)

ORDER OF DEFAULT

This matter was scheduled for a pretrial conference to take place on February 11, 2014, at 9:00a.m. Notice of the pretrial conference was sent to all parties, including defendant Richard K. Gillotti.¹  Counsel for plaintiff Keith R. Sniffen appeared on the scheduled date and at the scheduled time.   Neither the self-represented defendant nor any representative of the defendant appeared for the pretrial conference.   The court has received no communication from defendant Giliotti that would serve to explain his absence.   See Gatavaski v. Gaeano, 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 Richard K. Gillotti.   See Percy v. Lamar Central Outdoor, LLC, AC 34960, 147 Conn.App. 815 (2014) (when party fails to appear at pretrial, and fails to comply with court's scheduling orders, court's refusal to open a default judgment is not an abuse of discretion);  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

FOOTNOTES

FN1. The court file reflects that on January 22, 2014, notice of the pretrial conference was sent to, inter alia, “Richard K. Gillotti, 185 Whippoorwill Lane, Torrington, CT 06790.”   The court's file also reflects the fact that on October 16, 2013, Richard K Gillotte, the named defendant (whose name the plaintiff may have misspelled in the complaint) filed his appearance and listed his address as “185 Whippoorwill Ln, Torrington, CT 06790.”.  FN1. The court file reflects that on January 22, 2014, notice of the pretrial conference was sent to, inter alia, “Richard K. Gillotti, 185 Whippoorwill Lane, Torrington, CT 06790.”   The court's file also reflects the fact that on October 16, 2013, Richard K Gillotte, the named defendant (whose name the plaintiff may have misspelled in the complaint) filed his appearance and listed his address as “185 Whippoorwill Ln, Torrington, CT 06790.”

Danaher, John A., J.