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`DOCKET NO. FST CV24-6064305S
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`YVES JEAN
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`V.
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`BETHEL AMBULETTE, INC., ET AL
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`SUPERIOR COURT
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`J.D. OF STAMFORD/NORWALK
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`AT STAMFORD
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`APRIL 3, 2025
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`MOTION FOR ORDER COMPELLING DEPOSITION
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`Pursuant to Practice Book § 13-14, the Plaintiff, Yves Jean, hereby moves, through
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`counsel for an order compelling the deposition of Saji Thomas, to appear at his deposition on
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`May 7, 2025, at 10:00 AM EDT, or within seven (7) days of the Court’s order on this motion.
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`(See, Exhibit A attached.) Jury selection is scheduled to begin on September 30, 2025, and the
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`parties are scheduled for a Pretrial Conference on September 18, 2025.
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`This is a disputed liability incident in which the Defendants provided origin-to-destination
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`paratransit service to the Plaintiff on April 4, 2022. The Deponent, Saji Thomas, is the President
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`of the Defendant, Bethel Ambulette, Inc. The Deponent’s testimony is critical to the prosecution
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`of this litigation and is expected to testify on issues directly related to the alleged negligence.
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`Mr. Thomas was initially scheduled for his deposition for February 19, 2025. His
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`deposition was then rescheduled for March 7, 2025. Mr. Thomas’s deposition was subsequently
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`confirmed via email on February 28, 2025. On March 3, 2025, the undersigned was notified by
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`Defense counsel that Mr. Thomas and his wife “have been summoned back to India and will be
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`there at least a month” and could not appear for his deposition on March 7, 2025.
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`As of the date of this Motion, Mr. Thomas has not provided a new date to be deposed.
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`Plaintiff has indicated that they are willing to take his deposition via remote televideo conference.
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`Practice Book § 13-14 provides, in relevant part, that if a party fails “to appear and testify
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`at a deposition duly noticed,” the judicial authority may, on Motion, make such Orders as the
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`¨1¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`ends of justice require. It is axiomatic that our rules of discovery are designed to make trial “less
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`a game of blind man’s bluff and more a fair contest with the basic issues and facts disclosed to
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`the fullest practicable extent.” Wexler v. DeMaio, 280 Conn. 168, 188-89 (2006). “The … overall
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`aim of the discovery process … is not only to prevent ‘trial by ambush’ but also … to provide
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`all parties with the information they need to explore settlement before trial.” Sherman v. Axelrod,
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`49 Conn. Supp. 265, 271 (2005).
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`In the present case, Plaintiff has attempted in good faith to schedule and/or re-schedule
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`the deposition of Mr. Thomas but have not received cooperation from the Deponent. Plaintiff has
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`been unable to secure deposition of this fact witness and thus a Court Order is required to ensure
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`that the deposition proceed.
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`WHEREFORE, the Plaintiff requests an Order compelling the Deponent, Saji Thomas, to
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`appear for his deposition on May 7, 2025.
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`THE PLAINTIFF,
`YVES JEAN
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`/s/ Jonathan A. Kocienda, Esq.
`Jonathan A. Kocienda, Esq.
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`Claggett, Sykes & Garza, LLC
`76 Batterson Park Road, Suite 301
`Farmington, CT 06032
`T: (860) 471-8333
`Juris No. 445635
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`¨2¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`I certify that a copy of this document was or will immediately be mailed or delivered
`electronically or non-electronically on the above date to all attorneys and self-represented parties
`of record and to all parties who have not appeared in this matter and that written consent for
`electronic delivery was received from all attorneys and self-represented parties receiving
`electronic delivery.
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`David J. Crotta, Jr., Esq.
`Mulvey Oliver Gould & Crotta
`2911 Dixwell Avenue, 4th Floor
`Hamden, CT 06518
`crotta@moglaw.com
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`CERTIFICATION
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`/s/ Jonathan A. Kocienda
`Jonathan A. Kocienda, Esq.
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`¨3¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`EXHIBIT A
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`¨4¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`DOCKET NO. FST CV24-6064305S
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`YVES JEAN
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`V.
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`BETHEL AMBULETTE, INC., ET AL
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`:
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`SUPERIOR COURT
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`J.D. OF
`STAMFORD/NORWALK
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`AT STAMFORD
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`APRIL 3, 2025
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`RE-NOTICE OF DEPOSITION
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`Please take notice that pursuant to Practice Book §§ 13-26 and 13-27 et seq., the
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`Plaintiff, Yves Jean, in the above-captioned claim, through his attorneys, will take the
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`deposition of fact witness, Saji Thomas, before an official court reporter or other competent
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`authority at 10:00 AM EDT on May 7, 2025 at the law offices of Claggett, Sykes & Garza,
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`LLC, 76 Batterson Park Road, Suite 301, Farmington, CT 06032 for purposes of
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`discovery and/or use at the trial of this matter. The testimony shall be stenographically
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`recorded, in addition to recordation by videotape pursuant to Practice Book § 13-27 (f).
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`The Deponent is directed to produce the materials requested in the attached Schedule
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`THE PLAINTIFF,
`YVES JEAN
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`/s/ Jonathan A. Kocienda
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`Jonathan A. Kocienda, Esq.
`Claggett, Sykes & Garza, LLC
`76 Batterson Park Road, Suite 301
`Farmington, CT 06032
`T: (860) 471-8333
`Juris No. 445635
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`¨1¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`A.
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`CERTIFICATION
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`I certify that a copy of this document was or will immediately be mailed or delivered
`electronically or non-electronically on the above date to all attorneys and self-represented
`parties of record and to all parties who have not appeared in this matter and that written
`consent for electronic delivery was received from all attorneys and self-represented parties
`receiving electronic delivery.
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`David J. Crotta, Jr., Esq.
`Mulvey Oliver Gould & Crotta
`2911 Dixwell Avenue, 4th Floor
`Hamden, CT 06518
`crotta@moglaw.com
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`Campano & Associates
`P. O. Bo 370
`Wilton, CT 06897
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`/s/ Jonathan A. Kocienda
`Jonathan A. Kocienda, Esq.
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`¨2¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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`SCHEDULE A
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`You are hereby ordered to produce all information, including but not limited to:
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`1. The contents of all documents and records, including your entire file related to
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`Yves Jean. This request is intended to include, but is not limited to, any and all diaries,
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`photographs, notes, measurements, emails, text messages, direct messaging, memoranda,
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`letters, telephone notes, photos, audio and visual records, information stored on any
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`diskettes or on any charts, correspondence of any form including sent or received within
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`the defendant organization among its agents and employees and to and from a recipient
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`outside the defendant organization, and reports to any governmental and law enforcement
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`agencies and personnel.
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`*If any information or documentation otherwise responsive to this request
`will not be produced based on a claim that it is protected or falls under a
`privilege, the plaintiff(s) hereby request a privilege log be produced
`pursuant to P.B. Sec. 13-3 et. seq.
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`2. A copy of your resume or curriculum vitae.
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`¨3¨
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`CLAGGETT, SYKES & GARZA, LLC
`76 Batterson Park Road, Suite 301 | Farmington, CT 06032 | Telephone: 860.471.8333 | Juris No. 445635
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