A.S. v. J.M. et al
ORDER: As discussed at a conference held today and attended by counsel for plaintiff, Connecticut Power Fit Expo LLC ("Connecticut Power"), and Donald Rodrigues, it is hereby ORDERED: 1. Defendants Connecticut Power and Donald Rodrigues ha ve waived the affirmative defense of improper venue under Rule 12(b)(3). 2. Defendant Donald Rodrigues is granted leave to file a third party claim against Tara Moccio in her individual capacity, and counsel for plaintiff has consented to accept ser vice on behalf of Tara Moccio. 3. The Second Amended Answer filed by Connecticut Power on November 17, 2022 (Doc. #31 ), is stricken as procedurally improper. The Court will, and the parties should, disregard the Second Amended Answer. Pro se defend ant Anthony Cogliandro did not appear for today's conference without excuse or explanation. The conference was scheduled pursuant to a Court order issued October 13, 2022 (Doc. #21), which was served on Mr. Cogliandro by mail and email. Nevert heless, Mr. Cogliandro did not contact the Court to request an adjournment or any other accommodation. Mr. Cogliandro's failure to appear is a violation of the Court's October 13 Order. The Court could, but declines at this time, to impose a financial or other sanction on Mr. Cogliandro. However, if Mr. Cogliandro continues to ignore or to fail to comply with Court orders, the Court may impose an appropriate sanction against him, including permitting plaintiff to seek a default jud gment against him. Chambers will mail a copy of this Order, the Civil Case Discovery Plan and Scheduling Order, and the Stipulation and Order of Discontinuance of Cross Claims without Prejudice, each of which was separately docketed today, to Mr. Cogliandro at the address listed on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/21/2022) Copies Mailed By Chambers. (mml)
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