Forinformation on
`ADA accommodations,
`
`contact a court clerk or
`
`go to: www.jud.ct.gov/ADA.
`
`STATE OF CONNECTICUT 4
`
`SUPERIOR osteey
`
`P.B. §§ 3-1 through 3-21, 8-1, 10-13
`Instructions are on page 2.
`[_] Select if amount, legalinterest, or property in demand, not including interest and costs, is LESS than $2,500.
`[9] Selectif amount, legal interest, or property in demand, not including interest and costs,is $2,500 or MORE.
`[_] Select if claiming otherrelief in addition to, or in place of, money or damages.
`
`SUMMONS - CIVIL
`JD-CV-1 Rev. 2-20
`
`C.G.S. §§ 51-346, 51-347, 51-349, 51-350, 52-45a, 52-48, 52-259:
`
`
`
`
`
`Signature ofplaintiff (if se/f-represented)
`
`Juris number(if aftorney or law firm)
`421191
`
`
`
`P-01
`
`P-02
`
`TO: Any properofficer
`By authority of the State of Connecticut, you are hereby commanded to make due and legalservice of this summons and attached complaint.
`
`
`
`Addressof court clerk (Number, street, town and zip code)
`Telephone numberofclerk
`Return Date (Must be a Tuesday)
`146 White St, Danbury, CT 06810
`(203 ) 207 - 8600
`09/28/2021
`
`
`
`
`
`
`At (City/Town)
`[x] Judicial District
`GA.
`Case type code (See /ist on page 2)
`
`
`
`
`
`[J] Housing Session
`[J] Number:
`Major: C
`Minor: 90
`Danbury
`
`
`Forthe plaintiff(s) enter the appearanceof:
`Nameand addressof attorney, law firm orplaintiff if self-represented (Number, street, town andzip code)
`Law Offices of David W. Rubin
`Telephone number
`(203 ) 353 - 1404
`E-mail addressfor delivery of papers under Section 10-13 of the
`The attorney or law firm appearing for the plaintiff, or the plaintiff if
`Connecticut Practice Book(if agreed)
`
`self-represented, agrees to accept papers (service) electronically [x] Yes Oo No|drubin@dwr-law.com; jjacobson@dwr-law.com
`in this case under Section 10-13 of the Connecticut Practice Book
`
`state; zip; country, if not USA)
`
`Name(Last, First, Middle Initial) and address of each party (Number; street; P.O. Box; town;
`Name:
`SEBASTIAN BARNEBY
`
`
`Address: c/o Law Offices of David W. Rubin, 600 SummerStreet, Suite 201, Stamford, CT 06901
`
`
`Name:
`ERIN CUMMINS
`Additional
`Address: c/o Law Offices of David W. Rubin, 600 SummerStreet, Suite 201, Stamford, CT 06901
`plaintiff
`-”
`Name:
`First
`DORIS DISHMAN
`
`
`defendant|Address: c/o Goldman Gruder & Woods, LLC, 105 TechnologyDrive, 2nd Floor, Trumbull, CT 06611 .
`
`Additional|Name: LUTLEY & DUCHENE, LLC 002
`
`defendant|Address: c/o Goldman Gruder & Woods, LLC, 105 Technology Drive, 2nd Floor, Trumbull, CT 06611
`Additional|Name:
`
`
`
`
`
`
`
`
`Additional|Name:
`
`Total numberof defendants:2
`Total numberofplaintiffs: 3
`
`Notice to each defendant
`1. You are being sued. This is a summonsin a lawsuit. The complaint attached states the claims the plaintiff is making against you.
`2. To receive further notices, you or your attorney mustfile an Appearance (form JD-CL-12) with the clerk at the address above. Generally,
`it must be filed on or before the second dayafter the Return Date. The Return Date is not a hearing date. You do not have to come to
`court on the Return Date unless you receive a separate noticetelling you to appear.
`If you or your attorney do notfile an Appearanceontime, a default judgment may be entered against you. You can get an Appearance
`form at the court address above, or on-line at https://jud.ct.gov/wvebforms/.
`If you believe that you haveinsurance that may coverthe claim being made against youin this lawsuit, you should immediately contact
`your insurance representative. Other actions you may take are describedin the Connecticut Practice Book, which may be foundin a
`superior court law library or on-line at https:/Avww.jud.ct.gov/pb.htm.
`If you have questions about the summonsand complaint, you shouldtalk to an attorney.
`The court staff is not allowed to give advice on legal matters.
`
`
`Date
`an
`and
`
`[3%] Commissioner of Superior Court|Nameof person signing
`
`Jonathan D. Jacobson
`09/1 4/2021
`
`
`
`If this summons signed by
`a
`
`a. The sighing has been dénesothattheplaintiff(s) will not be denied accessto the courts.
`aog¢
`.
`It is the responsibility of the plaintiff(s) to ensure that service is made in the mannerprovided bylaw.
`The court staff is not permitted to give any legal advice in connection with any lawsuit.
`. The Clerk signing this summonsat the requestofthe plaintiff(s) is not responsible in any way for any
`errors or omissions in the summons,anyallegations contained in the complaint, or the service of the
`summons or complaint.
`
`Signed (Self-representedplaintiff)
`
`
`| certify | have read and
`understand the above:
`
`
`
`
`
`
`
`[%] Form JD-CV-2 attached for additional parties
`
`3.
`
`4.
`
`5.
`
`For Court Use Only
`
`File Date
`
`
`
`
`Print Form |
`
`Page 1 of 2
`
`
`
`Docket Number
`
`
`
`

`

`CONTINUATION OF PARTIES
`JD-CV-67 New 2-98
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`
`
`FIRST NAMEDPLAINTIFF(Last, First, Middle Initial)
`
`
`
`BARNEBY, SEBASTIAN
`FIRST NAMED DEFENDANT(Last, First, MiddleInitial)
`DISHMAN, DORIS
`
`NAME(Last, First, Middle Initial, if individual)
`
`
`ADDITIONAL PLAINTIFFS
`ADDRESS(No, Street, Town and ZIP Code)
`
`SEBASTIAN BARNEBY, DERIVATIVELY ON BEHALF OF LUTLEY & DUCHENE,LLC,*
`
`
`
`
`
`
`
`
`
`
`
`
`
`*clo Law Offices D. Rubin, 600 SummerStreet St 201, Stamford, 06901
`
`
`
`
`
`
`
`
`
`
`
`
`
`NAME(Last, First, Middleinitial, if individual)
`
`ADDITIONAL DEFENDANTS
`. ADDRESS(No., Street, Town and ZIP Code)
`
`
`
`
`
`
`
` FOR COURT USE ONLY- FILE DATE
`
`
`
`
`
`CONTINUATION OF PARTIES
`
`DOCKET NO.
`
`
`
`

`

`RETURN DATE: SEPTEMBER28, 2021
`BARNEBY, SEBASTIAN,EtAl.
`
`V.
`DISHMAN,DORIS,Et Al.
`
`5
`:
`
`;
`
`|
`.
`
`SUPERIOR COURT
`JUDICIAL DISTRICT OF
`
`DANBURY
`
`AT DANBURY
`SEPTEMBER14,2021
`
`COMPLAINT
`
`Now comethe Plaintiffs, SEBASTIAN BARNEBY, ERIN CUMMINS, and
`
`SEBASTIAN BARNEBY, DERIVATIVELY ON BEHALF OF LUTLEY & DUCHENE,
`
`LLC,by and through their undersigned counsel, as and for their Complaint against the
`
`Defendants, DORIS DISHMANand LUTLEY & DUCHENE, LLC.
`
`GENERAL ALLEGATIONS
`
`1.
`
`Plaintiff SEBASTIAN BARNEBY (“Barmeby’”) is a resident of the State of
`
`Connecticut.
`
`2.
`
`Plaintiff ERIN CUMMINS (“Cummins”)
`
`is a resident of the State of
`
`Connecticut.
`
`3.
`
`Plaintiff LUTLEY & DUCHENE, LLC (the “Company”), brought derivatively
`
`by SEBASTIAN BARNEBY,is a Connecticut limited liability company with a registered
`
`business address of 148 Saint Johns Road, Ridgefield, CT, 06877 (Plaintiffs Barneby and the
`
`Companycollectively hereinafter the “Plaintiffs’’).
`
`
`
`4. Defendant DORIS DISHMANisaresident of the State of Connecticut
`
`(“Dishman’’).
`
`

`

`5.
`
`Defendant LUTLEY & DUCHENE, LLC (also the “Company”)
`
`is
`
`a
`
`Connecticut limited liability company with a registered business address of 148 Saint Johns
`
`Road, Ridgefield, CT, 06877.
`
`6.
`
`Barneby is a licensed real estate salesperson and both he and Dishman created
`
`the Company in or about September of 2008 for the purposes of establishing a real estate
`
`brokeragefirm.
`
`7.
`
`Pursuant to the Company’s Operating Agreement and/or the agreement between
`
`Barneby and Dishman, the Company is a member managed LLC and was to be managed by
`
`Dishman.
`
`8.
`
`9,
`
`Barneby and Dishman are the only members of the Company.
`
`Barneby has a forty-nine percent (49%) ownership interest in the Company and
`
`Dishmanhasa fifty-one percent (51%) ownership interest in the same.
`
`10.
`
`Pursuant to the Company’s Operating Agreement and/or the agreement
`
`between Barneby and Dishman, Barneby and Dishman wereentitled to a pro-rata shareofall
`
`Companyprofits and/or net proceeds commensurate with their ownershipinterest in the same.
`
`11.
`
`In addition to his ownership interest in the Company, Barneby was employed
`
`and/or otherwise retained by the Companyasareal estate salesperson.
`
`12.|Cummins wasalso employed and/or otherwise retained by the Companyasareal
`
`estate salesperson.
`
`13.|Barneby and Cumminsoperated as a team relating to their employmentor
`
`retention with the Company.
`
`14.
`
`Pursuant to an agreement betweenthe parties, Barneby and Cumminswere to
`
`

`

`contribute annually 30% ofthe first $100,000.00 of their collective net real estate sales
`
`commissions to the Companyto be utilized towards the Company’s operating expenses,after
`
`whichtime they were entitled to keep 100% oftheir collective sales commissions for the
`
`remaining calendar year (the “Commissions Cap”).
`
`15.
`
`In or about February of 2020, Dishman informed Barneby and/or Cummins,
`
`among other things, that she intended to dissolve the Company effective September 1, 2020.
`
`16.
`
`In connection therewith, Dishman also informed Barneby and/or Cummins,
`
`among other things:
`
`a. That she intended to issue termination notices in connection with Barneby
`
`and Cummins’ employmentor retention with the Company; and
`
`b. Dishman wouldtransfer all of Barneby and Cummins’ ongoing,notyet
`
`closed Companytransactions to them,in their entirety, after September 1,
`
`2020.
`
`17.
`
`Onor about August 10, 2020, Dishman caused a signed termination notice to be
`
`delivered to Barneby and/or Cummins informing them that the Company wasterminating their
`
`employment and that both Barneby and Cumminswereentitled to a transfer ofall of their
`
`ongoing, not yet closed Companytransactions,in their entirety, after September 1, 2020.
`
`18.
`
`At or about that time, Barneby and Cumminshadalready reached their
`
`Commissions Cap for the year and the Company and/or Dishman acknowledged the same in
`
`writing.
`
`19,
`
`Onor about August 27, 2020, Barneby presented the Company and/or
`
`Dishman with information reflecting, among other things, that Barneby and/or Cummins were
`
`

`

`then currently engaged in certain ongoing, not yet closed Companysales transactions valued at
`
`approximately $125,000.00 (the “Transactions”).
`
`20.
`
`At or aboutthat time, Barneby requested that Dishman and/or the Company
`
`transfer the Transactions to Barneby and/or Cumminsand/ortheir authorized agent consistent
`
`with Dishman’s representation and/or obligation to do so.
`
`21.
`
`In response thereto, Dishman informed Barneby, amongother things:
`
`a. That the Company wasentitled to retain 30% of Barneby and
`
`Cummins’ Transactions, despite previously acknowledging in writing
`
`that Barneby and Cumminsreached their Commission Cap for 2020;
`
`and
`
`b. That the Company wasentitled to retain 30% of Barneby and
`
`Cummins’ Transactions, despite previously informing them that the
`
`Transactions would be transferred to them,in their entirety, after
`
`September 1, 2020.
`
`22.
`
`Dishman further informed Barneby, among other things, that she would not
`
`transfer the Transactions to either Barneby or Cummins, nor would she compensate them for
`
`the same, unless and until Barnebytransferred his 49% ownership interest in the Company to
`
`her.
`
`23.
`
`Dishman’s attempt to perform a “bait and switch” on Barneby and/or Cummins
`
`was improper and/or unlawful and was subsequently rejected.
`
`24.
`
`Barneby and Cumminsrelied upon Dishman’s representations to their detriment.
`
`Morespecifically, and by wayofarticulation and notlimitation, Barneby and Cumminsturned
`
`

`

`downor otherwise electing not to pursue other professional opportunities in anticipation that the
`
`Transactions would be transferred to them.
`
`25.
`
`The Company and/or Dishman failed, refused, and/or neglected to transfer the
`
`Transactions to either Barneby or Cummins consistent with their representation and/or
`
`obligation to do so.
`
`26.|Upon information andbelief, the Company and/or Dishman closed on the
`
`Transactions.
`
`27.
`
`Notwithstanding the foregoing, the Company and/or Dishmanfailed, refused,
`
`and/or neglected to compensate Barneby or Cumminsfor the Company’s Transactions in
`
`violation of their agreement.
`
`28.
`
`On or about November 13, 2020, Dishman and/or the Company terminated
`
`Barneby and Cummins’ employment with the Company.
`
`29.
`
`Subsequently, Barneby, in his capacity as 49% ownerof the Company,
`
`demanded a complete accounting of the Company’s records.
`
`30.
`
`31.
`
`Dishmanand/or the Companyrefused to provide Barneby with the same.
`
`In response thereto, Barneby obtained a copy of the Company’s financial
`
`records from the Company’s banking institution and discovered, amongotherthings,that
`
`Dishman had been using the Company’s funds, deposited in the Company’s bank account, for
`
`her own personal use over the course of many years. Morespecifically, and by way of
`
`articulation and not limitation, Dishman wrongfully utilized Company funds, without
`
`authorization, in orderto:
`
`a.
`
`Issue checksto herself for her personal use withoutalso distributing
`
`

`

`funds to Barneby consistent with his 49% ownership interest in the
`
`Companyor otherwise accounting for the same;
`
`b. Purchase personal items from onlineretailers; and
`
`c. Hire landscapers to perform landscaping servicesat her residential
`
`home.
`
`32.|Moreover, upon further investigation by Barneby, it was discovered that
`
`Dishman created a competing brokerage firm, Saint Johns LLC, which she used to usurp
`
`corporate opportunity from the Company.
`
`33.|Dishman further used Companyassets to fund, support, and/or otherwise
`
`finance said competing brokerage firm.
`
`34.|The Companyhas suffered harm as a result of Dishman’s conduct as
`
`aforestated.
`
`35.
`
`Dueto the fact that Dishman is the only other memberof the Company, and
`
`further due to the fact that she is the controlling member of the same, demand uponthe
`
`Companythat Barneby be permitted to proceed derivatively in this action should be excused
`
`as futile.
`
`COUNT ONE: CONVERSION(ON BEHALF OF SEBASTIAN BARNEBY DIRECTED TOWARD
`DORIS DISHMAN)
`
`1-35. Paragraphs
`
`1-35 of
`
`the General Allegations of the Complaint
`
`are
`
`incorporated herein by specific reference as if more expressly set forth herein.
`
`36.|Dishman and/or the Companyfailed, refused, and/or neglected to distribute
`
`Barneby’s pro-rata share of Companyprofits to him consistent with their obligation to doso.
`
`

`

`37.
`
`Dishman wrongfully and without authorization converted and
`
`misappropriated funds from the Company and/or Barneby for her own gain and benefit.
`
`38.
`
`The misappropriated funds belonged to the Company and/or Barneby,in that
`
`the Company and/or Barneby hadboth a legal and possessory right to the same.
`
`39.
`
`In diverting the funds for her own use, Dishman deprived the Company
`
`and/or Barneby oftheir property for an indefinite period oftime.
`
`40.|Dishman’s conductin diverting the funds was unauthorized.
`
`41.
`
`As aresult of said wrongful conversion and misappropriation of funds by
`
`Dishman, Barneby has been damagedto his loss and detriment.
`
`COUNT TWO: CONVERSION (ON BEHALF OF LUTLEY & DUCHENE, LLC DIRECTED
`TOWARD DORIS DISHMAN)
`1-41. Paragraphs 1-41 of Count One of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`42.
`
`Asa result of said wrongful conversion and misappropriation of funds by
`
`Dishman, the Companyhas been damagedto its loss and detriment.
`
`COUNT THREE: STATUTORY THEFT (ON BEHALF OF SEBASTIAN BARNEBY
`DIRECTED TOWARD DORIS DISHMAN)
`
`1-42. Paragraphs 1-42 of Count Two of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`43.
`
`Statutory theft is synonymous with larceny under CGS 53a-119 which provides
`
`in relevant part: “[a] person commits larceny when, with intent to deprive another of property
`
`or to appropriate the same to himself or a third person, he wrongfully takes, obtains or
`
`withholds such property from an owner.”
`
`

`

`44.
`
`Defendant Dishman intended to deprive Barneby and/or the Company of
`
`Company funds andprofits.
`
`45.
`
`Defendant Dishman appropriated Barneby and/or the Company’s funds to
`
`herself
`
`|
`
`46.
`
`Defendant Dishman wrongfully withheld Company funds and profits from
`
`Barnebyto his damage and detriment.
`
`COUNT FOUR: STATUTORY THEFT (ON BEHALF OF LUTLEY & DUCHENE, LLC
`DIRECTED TOWARD DORIS DISHMAN)
`
`1-46. Paragraphs 1-46 of Count Three of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`47.
`
`Defendant Dishman wrongfully withheld Company funds and profits from the
`
`Companyto its damage and detriment.
`
`COUNT FIVE: BREACH OF FIDUCIARY DUTY (ON BEHALF OF SEBASTIAN
`BARNEBY DIRECTED TOWARD DORIS DISHMAN)
`
`1-47. Paragraphs 1-47 of Count Four of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`48.
`
`Dishman oweda fiduciary duty to Barneby and/or the Company to manage the
`
`Company’s affairs honestly and loyally and consistent with her duty of good faith and fair
`
`dealing and not to engage in her ownself-interest or enrichment.
`
`49.
`
`Dishman, by her conductas aforestated, among other things, breached the
`
`fiduciary duties she owes Barneby and/or the Company.
`
`50.
`
`Barneby has been damagedbya direct and proximate result of Dishman’s
`
`breach of her fiduciary duties.
`
`

`

`COUNT SIX: BREACH OF FIDUCIARY DUTY (ON BEHALF OF LUTLEY &
`DUCHENE, LLC DIRECTED TOWARD DORIS DISHMAN)
`
`1-50. Paragraphs 1-50 of Count Five of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`51.
`
`The Company has been damaged by a direct and proximate result of
`
`Dishman’s breach ofher fiduciary duties.
`
`COUNT SEVEN: BREACH OF CONTRACT (ON BEHALF OF SEBASTIAN BARNEBY
`DIRECTED TOWARD DORIS DISHMAN)
`
`1-51. Paragraphs 1-51 of Count Six of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`52.
`
`Byfailing, refusing, and/or otherwise neglecting to transfer the Transactionsto
`
`Barneby or Cummins, Dishman breached her extant agreement with them.
`
`53.
`
`By failing, refusing, and/or otherwise neglecting to compensate Barneby or
`
`Cummins for the Transactions, Dishman breached her extant agreement with them.
`
`54.
`
`By failing, refusing, and/or otherwise neglecting to distribute Barneby’s pro-
`
`rata share of Companyprofits to him, Dishman breached her extant agreement with Barneby.
`
`55.
`
`As aresult of Dishman’s conduct as aforestated, Barneby has suffered harm
`
`thereby.
`
`COUNT_EIGHT: BREACH OF CONTRACT (ON BEHALF OF ERIN CUMMINS
`DIRECTED TOWARD DORIS DISHMAN)
`
`1-55. Paragraphs 1-55 of Count Seven of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`56.
`
`As a result of Dishman’s conduct as aforestated, Cummins has suffered harm
`
`

`

`thereby.
`
`COUNT NINE: VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING (ON
`BEHALF OF SEBASTIAN BARNEBY DIRECTED TOWARD DORIS DISHMAN)
`
`1-56. Paragraphs 1-56 of Count Eight of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`57.
`
`Dishman, through calculation and design, and with dishonest purpose and/or
`
`sinister motive, has, among other things, purposefully refused to perform, honor, and/or
`
`otherwise fulfill her obligations under her agreement with Barneby and Cumminsin bad faith.
`
`58.|By her conduct as aforestated, Dishman has breached the covenant of good faith
`
`and fair dealing.
`
`59.
`
`Asa direct and proximate result of Dishman’s conduct, Barneby suffered and
`
`continues to suffer harm.
`
`COUNT TEN: VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING (ON
`BEHALF OF ERIN CUMMINS DIRECTED TOWARD DORIS DISHMAN)
`
`1-59. Paragraphs 1-59 of Count Nine of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`60.
`
`Asadirect and proximate result of Dishman’s conduct, Cumminssuffered and
`
`continues to suffer harm.
`
`COUNT ELEVEN: DIVERSION OF CORPORATE OPPORTUNITIES (ON BEHALF OF LUTLEY
`& DUCHENE, LLC DIRECTED TOWARD DORIS DISHMAN)
`
`1-60. Paragraphs 1-60 of Count Ten of the Complaint are incorporated herein by
`
`specific reference as if more expressly set forth herein.
`
`61.
`
`Saint Johns LLC,the brokerage firm created by Dishman, performssimilar
`
`business services as the Company.
`
`10
`
`

`

`62.|The Companyhasor had an interest or an expectancy growing out of an
`
`existing contractual right which was usurped by Dishman and/or Saint Johns LLC.
`
`63.
`
`There wasor is a close relationship between the Company’s opportunity and
`
`the Company’s business purposes and currentactivities.
`
`64.
`
`The business areas contemplated by the Company’s opportunity were readily
`
`adaptable to the Company’s existing business,
`
`in light of its fundamental knowledge,
`
`practical experience, facilities, equipment, and personnel. I recall that this count was not
`
`applicable for some reason.
`
`65.
`
`As aresult of Dishman’s conduct as aforestated, the Company has suffered
`
`harm.
`
`COUNT TWELVE: DISSOLUTION OF LUTLEY & DUCHENE, LLC
`
`1-65. Paragraphs 1-65 of Count Eleven of the Complaint are incorporated herein
`
`by specific reference as if more expressly set forth herein.
`
`66.|Barneby and Dishmanare unable to come to a consensus regarding the
`
`management of the Companyor concerning a dissolution thereof.
`
`67.
`
`If the Companyis not dissolved, irreparable injury is threatened to the
`
`Companyand/or will continue to be suffered by the Company.
`
`68.|Dishman hasacted or will act in a manner that is illegal or fraudulent.
`
`69.|Dishman hasactedor is acting in a mannerthat is oppressive and was,is, or
`
`will be directly harmful to Barneby.
`
`70.|Based upon Dishman’s conduct as aforestated, it is not reasonably practicable
`
`to carry on the Company's activities and affairs.
`
`11
`
`

`

`71.
`
`Barneby seeks dissolution of the Company pursuant to Conn. Gen.Stat. § 34-
`
`267.
`
`COUNT THIRTEEN: ACTION FOR ACCOUNTING
`
`1-71. Paragraphs 1-71 of Count Twelve of the Complaint are incorporated herein
`
`by specific reference as if more expressly set forth herein.
`
`72.
`
`Although Barneby has demanded an accounting of the Company’s activities,
`
`the Defendants have failed, refused, and/or neglected to give Barneby such an accounting.
`
`73.
`
`74.
`
` Barnebyis entitled to the Company’s accounting.
`
`As provided in Conn. Gen. Stat. § 52-401, the foregoing actions give rise to
`
`an obligation on the part of the Defendants to account to the Plaintiffs for Company
`
`transactions.
`
`12
`
`

`

`WHEREFORE,thePlaintiffs claim:
`
`AS TO COUNT ONE
`
`1.
`
`2.
`
`3.
`
`4,
`
`5.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT TWO
`
`1,
`
`2.
`
`3.
`
`4.
`
`5.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT THREE
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Monetary damages;
`
`Punitive Damages;
`
`Statutory Treble Damages;
`
`Prejudgment and post judgmentinterest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT FOUR
`
`1.
`
`2.
`
`3.
`
`4.
`
`Monetary damages;
`
`Punitive Damages;
`
`Statutory Treble Damages;
`
`Prejudgment and post judgmentinterest;
`
`13
`
`

`

`5.
`
`6.
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNTFIVE
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgment interest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNTSIX
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT SEVEN
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Costs; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT EIGHT
`
`1.
`
`2.
`
`3.
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`14
`
`

`

`Costs; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT NINE
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Costs; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT TEN
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Costs; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity
`
`AS TO COUNT ELEVEN
`
`Monetary damages;
`
`Punitive Damages;
`
`Prejudgment and post judgmentinterest;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`AS TO COUNT TWELVE
`
`An order dissolving the Company pursuant to C.G.S. § 34-267(a)(4)(B);
`
`Anorder dissolving the Company pursuant to C.G.S. § 34-267(a)(5)(A);
`
`The appointment of a receiver to wind up the affairs of the Companyand distribute its
`
`15
`
`

`

`assets;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiffs may be entitled at law or in equity.
`
`4.
`
`5.
`
`AS TO COUNT THIRTEEN
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`That the Court appoint an auditor or another licensed professional of the Court’s
`selection to perform an accounting of the Company’s recordsas of the date of
`Judgment;
`
`Paymentof the fees and the expensesof the auditor undertaking the accounting
`pursuant to Conn. Gen.Stat. § 52-402(d);
`
`That the Court enter a Supplemental Judgmentafter the completion of the accounting
`and enter orders in accordance with the findings of said accounting;
`
`Reasonable attorneys’ fees and costs of this action; and
`
`Such other and further relief to which the Plaintiff may be entitled at law or in equity.
`
`16
`
`

`

`RETURN DATE: SEPTEMBER28, 2021
`
`SUPERIOR COURT
`
`BARNEBY,SEBASTIAN,Et Al.
`
`V.
`
`DISHMAN, DORIS, Et Al.
`
`‘
`:
`
`:
`
`:
`
`JUDICIAL DISTRICT OF
`DANBURY
`
`AT DANBURY
`
`SEPTEMBER14, 2021
`
`STATEMENT OF AMOUNTIN DEMAND
`
`The amountin demand, exclusive of interest and costs, is in excess of Fifteen Thousand
`
`Dollars ($15,000.00).
`
`THE PLAINTIFFS
`
` . Jacobson, Esq.
`
`
`
`The Law Offices of David W. Rubin
`600 SummerStreet — Suite 201
`Stamford, CT 06901
`Telephone: (203) 353-1404
`Facsimile:
`(203) 357-7208
`Juris No. 421191
`Their Attorneys
`
`17
`
`