1.HHD-CV-18-6088970-S FARBER, GLORIA, EXECUTOR OF THE ESTATE OF HILLIARD v. FORE GROUP, INC. Et Al Notice Issued: 08/26/2019 Court
Notice Issued:
08/26/2019
Docket Number:
HHD-CV-18-6088970-S
Case Caption:
FARBER, GLORIA, EXECUTOR OF THE ESTATE OF HILLIARD v. FORE GROUP, INC. Et Al
Notice Sequence #:
1
JDNO 1/2
ORDER REGARDING:
07/26/2019 186.00 OBJECTION
The foregoing, having been considered by the Court, is hereby:
ORDER:
1. Movant/nonparty Michelle Troconis argues that where there are parallel civil and criminal proceedings, a court has authority to stay discovery or to stay an action in its entirety.
2. As the Appellate Court has explained, in deciding whether to stay a civil proceeding pending the outcome of a related criminal proceeding, “[a] preliminary question must be the extent to which the issues in the criminal case would overlap with those in the civil case, because self-incrimination is more likely if there is a significant overlap.” Tyler v. Shenkman-Tyler, 115 Conn. App. 521, 530 n.5, 973 A.2d 163 (2009). Where there is “some limited overlap, [the matters] are not parallel proceedings.” Id.
3. In her motion, the movant asserts that she is a defendant in a criminal proceeding where the charges include tampering with physical evidence and hindering prosecution.
4. The plaintiff’s claims in this civil matter pertain to loan transactions, and allege breach of contract, unjust enrichment, and piercing the corporate veil. In addition, the plaintiff seeks a constructive trust concerning real property.
5. Thus, this matter contrasts with the circumstances in Wilcox v. Webster Insurance, Superior Court, judicial district of New Haven, Docket No. CV
07 5010093 (January 11, 2008, Bellis, J.) (44 Conn.L.Rptr. 786), cited by the movant. Here, the issues in the civil and criminal proceedings do not
appear to overlap extensively. The movant has not shown that the actions are factually similar, and that they are parallel proceedings. See id...
JDNO 2/2
...6. If need be, at the deposition, the movant may assert her constitutional privilege against self incrimination on a question-by-question basis.
7. Accordingly, the movant’s objection to the notice of deposition, motion to quash deposition subpoena,motion for a protective order, and motion for a stay of proceedings as they pertain to her is denied.
Per order of SHAPIRO, J on 8/22/2019
SL/tac on 8/26/2019