STATE OF CONNECTICUT
`SUPERIOR COURT
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`DOCKET NO. X08-FST-CV21-6053839-S
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`SONNIE FRIEDLAND, et al., for themselves
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`and other similarly situated employees
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`Plaintiffs,
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`RED ROOSTER OF RIDGEFIELD, LLC, et al. :
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`SUPERIOR COURT
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`JUDICIAL DISTRICT OF
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`STAMFORD
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`COMPLEX LIT. DKT.
`AT STAMFORD
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`APRIL 21, 2022
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`PLAINTIFFS’ MOTION FOR EXTENSION OF TIME TO OPPOSE
`DEFENDANTS’ MOTION (ENTRY NO. 163 & 164.00)
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`Plaintiffs request that this court delay ruling on Defendants’ motion for extension of time to
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`oppose class certification until April 22, 2022 so Plaintiffs have an opportunity to file an opposition to
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`the motion. Defendants moved for a second extension of time to oppose class certification this afternoon
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`– seeking a total of five (5) months to respond - and filed a request for adjudication along with it.
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`Defendants did not provide Plaintiffs’ counsel an opportunity to file an opposition, even though their
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`brief is due on April 29, 2022.1 Plaintiffs’ counsel intends to file an objection on Friday, April 22, 2022
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`when Attorney Petela is in the office. Attorney Petela is the lawyer in the office primarily handling this
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`file and is most familiar with the facts and record. Plaintiffs will provide information in their opposition
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`that may moot Defendants’ motion for an extension of time.
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`Defendants are not prejudiced if the court delays adjudicating this motion until Friday April 22,
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`2022. Defendants wrote in their motion that they have “begun to draft their objection.” Entry No. 163,
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`pg. 1. Defendants write in support of their motion that additional time is required to obtain responses to
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`1 Plaintiffs’ counsel asked Defendants’ counsel to file a new request for adjudication indicating that Plaintiffs will file an
`opposition on April 22, 2022. Exhibit A. Defendants have not responded to this request. To avoid the court adjudicating this
`motion in the absence of an objection, Plaintiffs file this motion in an abundance of caution.
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`discovery requests that they only sent out only one (1) week ago. For reasons that will be more fully
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`explained in Plaintiffs’ upcoming opposition, Defendants should not receive this extension of time
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`because their discovery is unrelated to any meaningful class certification issue, and Plaintiffs will
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`provide information that may moot the reason Defendants assert justify this extension.
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`Accordingly, the court should delay ruling on Defendants’ motion until Plaintiffs can present an
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`opposition thereto.
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`PLAINTIFFS, SONNIE FRIEDLAND, GABRIEL
`ALVES, MICHELLE HOLLAND, AND VANESSA
`FERNANDEZ, for THEMSELVES and other similarly
`situated employees
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`By: _/s/ Richard E. Hayber _______
` Richard E. Hayber
`Hayber, McKenna & Dinsmore, LLC
`750 Main Street, Suite 904
`Hartford, CT 06103
`Juris No. 426871
`Tel: (203) 691-6491
`Fax: (860) 218-9555
`rhayber@hayberlawfirm.com
`Attorney for Plaintiffs
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the above was mailed or electronically delivered on April 21,
`2022, to all counsel and pro se parties of record:
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`Ryan O’Donnell, Esq.
`Ford Harrison, LLP
`City Place II
`185 Asylum Street, Suite 610
`Hartford, CT 06103
`rodonnell@fordharrison.com
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`Joshua Hawks-Ladds, Esq.
`Pullman & Comley, LLC
`90 State House Square
`Hartford, CT 06103
`jhawks-ladds@pullcom.com
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`_/s/ Richard E. Hayber______________
`Richard E. Hayber
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`3
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`EXHIBIT A
`EXHIBIT A
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`ThomasDurkin
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`From:
`Sent:
`To:
`Cec:
`Subject:
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`Attorney Filindarakis:
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`Thomas Durkin
`Wednesday, April 20, 2022 4:19 PM
`Richard Hayber; Maria Filindarakis
`Michael Petela, Jr.; Joshua A. Hawks-Ladds; Ryan O'Donnell
`RE: Red Rooster-- Objection to Class Certification
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`Wenoticed that your team filed requests for adjudication but did not indicate when we wouldfile our “response” to
`your motion as required by question #2 of the form. Will you please file a corrected request for admission in both Red
`Rooster cases indicating that our office will file our objections to your motions on Friday (4/22/22). Please let me know
`if you won't so that our office can file caseflow requests on both files regarding this.
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`Thank you,
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`Thomas J. Durkin, Esq.
`Hayber, McKenna & Dinsmore, LLC
`750 Main St., Suite 904
`Hartford, CT 06103
`Tel.: 860-522-8888
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`tdurkin@hayberlawfirm.com
`www.hayberlawfirm.com
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`This is a confidential transmission from the law offices of Hayber, McKenna & Dinsmore, LLC. The
`information containedis privileged and confidential and therefore exempt from disclosure under applicable
`law. If the reader of this message is not the intended recipient, or the employee or agent responsible for
`delivering this messageto the intended recipient, you are hereby notified that any dissemination,
`distribution or copying of this transmissionis strictly prohibited. If you have received this transmission in
`error, please notify us immediately by return e-mail or by telephone at (860) 522-8888 and delete the
`original, including all attachments, without reproducingit in any way. Thank you.
`
`From: Thomas Durkin
`Sent: Wednesday, April 20, 2022 1:25 PM
`To: Richard Hayber <rhayber@hayberlawfirm.com>; Maria Filindarakis <MFilindarakis@fordharrison.com>
`Cc: Michael Petela, Jr. <mpetela@hayberlawfirm.com>; Joshua A. Hawks-Ladds <jhawks-ladds@pullcom.com>; Ryan
`O'Donnell <rodonnell@fordharrison.com>
`Subject: RE: Red Rooster-- Objection to Class Certification
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`Attorney Filindarakis:
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`| am assisting Attorney Hayber and Petela on this matter while Attorney Petela is on trial. We have reviewed your
`clients’ discovery requests. Would a letter from counsel answering these questions satisfy your requests? Our clients
`would not know the answersto these questions anyway. For example, our clients will not know which marshals we have
`utilized in connection with this case.
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`It would seem that our responses to these questions would allow your team tofile its
`Please let us know quickly.
`opposition to class certification on time.
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`Thank you,
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`Thomas J. Durkin, Esq.
`Hayber, McKenna & Dinsmore, LLC
`750 Main St., Suite 904
`Hartford, CT 06103
`Tel.: 860-522-8888
`tdurkin@hayberlawfirm.com
`www.hayberlawfirm.com
`
`This is a confidential transmission from the law offices of Hayber, McKenna & Dinsmore, LLC. The
`information containedis privileged and confidential and therefore exempt from disclosure under applicable
`law.If the reader of this messageis not the intended recipient, or the employee or agent responsible for
`delivering this message to the intendedrecipient, you are hereby notified that any dissemination,
`distribution or copying of this transmissionis strictly prohibited. If you have received this transmission in
`error, please notify us immediately by return e-mail or by telephone at (860) 522-8888 and delete the
`original, including all attachments, without reproducingit in any way. Thank you.
`
`From: Richard Hayber <rhayber@hayberlawfirm.com>
`Sent: Wednesday, April 20, 2022 10:34 AM
`To: Maria Filindarakis <MFilindarakis@fordharrison.com>
`Cc: Michael Petela, Jr. <mpetela@hayberlawfirm.com>; Thomas Durkin <tdurkin@hayberlawfirm.com>; Joshua A.
`Hawks-Ladds <jhawks-ladds@pullcom.com>; Ryan O'Donnell <rodonnell@fordharrison.com>
`Subject: Fwd: Red Rooster-- Objection to Class Certification
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`Attorney Filindarakis
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`Weoppose your extension request.
`Also, Would you please include me on all correspondence?
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`Attorney Petela is on trial.
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`Rick Hayber
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`Begin forwarded message:
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`From: Thomas Durkin <tdurkin@hayberlawfirm.com>
`Date: April 20, 2022 at 10:17:47 AM EDT
`To: Richard Hayber <rhayber@hayberlawfirm.com>
`Subject: FW: Red Rooster-- Objection to Class Certification
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`Thomas J. Durkin, Esq.
`Hayber, McKenna & Dinsmore, LLC
`750 Main St., Suite 904
`Hartford, CT 06103
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`

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`Tel.: 860-522-8888
`tdurkin@hayberlawfirm.com
`www.hayberlawfirm.com
`
`This is a confidential transmission from the law offices of Hayber, McKenna & Dinsmore,
`LLC. The information containedis privileged and confidential and therefore exempt from
`disclosure under applicable law.If the reader of this messageis not the intended recipient, or
`the employee or agent responsible for delivering this message to the intendedrecipient, you
`are hereby notified that any dissemination, distribution or copying of this transmission is
`strictly prohibited. If you have received this transmission in error, please notify us
`immediately by return e-mail or by telephone at (860) 522-8888 and deletetheoriginal,
`including all attachments, without reproducingit in any way. Thank you.
`
`
`From: Maria Filindarakis <MFilindarakis@fordharrison.com>
`Sent: Wednesday, April 20, 2022 10:16 AM
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`To: Michael Petela, Jr. <mpetela@hayberlawfirm.com>; Thomas Durkin <tdurkin@hayberlawfirm.com>
`Cc: Ryan O'Donnell <RODonnell@fordharrison.com>; Gersten, Eliot B. <EGersten@PULLCOM.COM>;
`Hawks-Ladds, Joshua <jhawks-ladds@pullcom.com>
`Subject: Red Rooster-- Objection to Class Certification
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`Attorney Petela,
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`In light of our recent discovery requests sent on April 13, 2022, we intend to seek an extension of time
`to file an objection to the Motion for Class Certification until June 27, 2022, which is two weeks from the
`date that the responses are due. Do you consent to this request?
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`Best,
`Maria Filindarakis
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`Maria Filindarakis - Attorney at Law S
`FordHarrison LLP - lus Laboris USA | Global HR Lawyers ih
`CityPlaceIl, 185 Asylum Street, Suite 610 | Hartford, CT 06103
`MFilindarakis@fordharrison.com | P: 860-740-1369
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