`
`SUPERIOR COURT
`
`ORDER 433230
`
`HERZOG,GEOFF
`
` V.
`CUNHA,NICKOLA
`
`JUDICIAL DISTRICT OF STAMFORD
` AT STAMFORD
`
`10/21/2019
`
`ORDER
`
`ORDER REGARDING:
`09/13/2019 104.00 OBJECTION TO REQUEST TO REVISE
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER:
`
`The court tries to be solicitous of self-represented parties (Argentinis v. Fortuna, 134 Conn. App. 538,
`539 (2012)) but the court also must be cognizant of the rights of a represented adversary, and cannot
`unduly infringe upon those rights (Rutka v. City of Meriden, 145 Conn. App. 202, 218 (2013). Thus,
`while the court is prepared to overlook the failure to comply with Practice Book § 10-37 and especially
`the failure to identify specific objections to specific requests, the court must recognize that the defendant
`is entitled to appropriate notice of the facts upon which the plaintiff relies. That is especially so in
`connection with a claim based on defamation:
`
`"In claiming defamation, certainty is required in the allegations as to the defamation and as to the person
`defamed; a complaint for defamation must, on its face, specifically identify what allegedly defamatory
`statements were [made], by whom, and to whom. A complaint is insufficient ... where, other than the
`bare allegation that the defendant's action caused injury to plaintiff's reputation, the complaint sets forth
`no facts of any kind indicating what defamatory statements, if any, were made, when they were made, or
`to whom they may have been made." Tax Data Solutions, LLC v. O'Brien, J.D. New Haven,
`NNHCV106016263 (February 6, 2013). (Internal quotation marks and citations, omitted.)
`
`Consistent with this obligation of particularized pleading, the plaintiff is directed to revise his complaint
`to indicate the nature of the alleged defamatory statements (paraphrased if not verbatim), when they
`were made, and to whom they were made.
`
`Judicial Notice (JDNO) was sent regarding this order.
`
`433230
`
`Judge: KENNETH B POVODATOR
`Processed by: Ryan Flanagan
`
`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.
`
`FSTCV195021964S 10/21/2019
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`Page 1 of 1
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