DOCKET NO: FSTCV176037898S
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`SUPERIOR COURT
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`ORDER 434443
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`FLUDD, DONNELL
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` V.
`BERRY, TIM Et Al
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`JUDICIAL DISTRICT OF STAMFORD
` AT STAMFORD
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`12/7/2020
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`ORDER
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`ORDER REGARDING:
`10/28/2020 201.00 MOTION TO REARGUE/RECONSIDER
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`The foregoing, having been considered by the Court, is hereby:
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`ORDER: DENIED
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`The defendants Berry and Pepe move to reargue the court’s order (D.N. 170.02) denying their motion to
`strike Counts Five and Nine of the complaint alleging abuse of process, by claiming a misapprehension
`of applicable authorities and in light of a subsequent Superior Court decision. The defendants correctly
`distinguish the case of Schnabel v. Tyler, 32 Conn. App. 704, 718 (1993), aff'd, 230 Conn. 735(1994) on
`the ground that the process or proceeding at issue was the plaintiff’s defamation action and not an
`internal investigation commenced by the plaintiff. However, the defendants’ citation to Perugini v.
`Keystone T-Hangar Condo. Ass'n, Inc. et al., Docket No. X06 UWY CV 185021672S, 2020 WL
`3120344, at *12 (Complex Litigation Docket at Waterbury, May 6, 2020) is not helpful to their argument
`because it does not involve a comparable fact pattern, i.e., a members’ dispute arising out of a padlock
`on the plaintiff’s condominium unit versus a deposition in workers compensation case. Similarly,
`defendants’ truncated quotation of the court’s reliance on the reasoning in Larobina v. McDonald, 274
`Conn. 394, 406-07 (2005) is not persuasive because it deleted the Supreme Court’s reference to a
`deposition as a possible predicate “process.”
`In conclusion, this court cannot grant the motion to strike Counts Five and Nine on the record before it.
`The court may have sufficient evidence upon consideration of a motion for summary judgment to
`determine the nature of the procedure plaintiff claims was the “process” abused by the defendants, but
`that is not the situation at this stage of the litigation. Accordingly, the motion to reargue the court’s order
`of October 8, 2020 denying the motion to strike Counts Five and Nine is denied.
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`Short Calendar Results Automated Mailing (SCRAM) Notice was sent on the underlying motion.
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`434443
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`Judge: CHARLES T LEE
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`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
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`FSTCV176037898S 12/7/2020
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