92 Conn. App. 743 | Conn. App. Ct. | 2005
Opinion
The plaintiff, David DuBois, appeals from the trial court’s judgment dismissing the action in favor of the defendant, William W. Backus Hospital. On appeal, the plaintiff claims that the court improperly
The following facts and procedural history are pertinent to our discussion of the issues on appeal. This appeal arises out of a wrongful discharge action brought by the plaintiff after his employment was terminated by the defendant on March 11, 1999. On January 11, 2002, the plaintiff initiated this action through counsel.
I
The plaintiff first claims that the court abused its discretion by imposing $19,199.21 as a discovery sanction.
We first set forth the applicable standard of review. “In order for a trial court’s order of sanctions for violation of a discovery order to withstand scrutiny, three requirements must be met. First, the order to be complied with must be reasonably clear. . . . This requirement poses a legal question that we will review de novo. Second, the record must establish that the order was in fact violated. This requirement poses a question of fact that we will review using a clearly erroneous stan-
“[T]he primary purpose of a sanction for violation of a discovery order is to ensure that the defendant’s rights are protected, not to exact punishment on the [plaintiff] for its allegedly improper conduct. . . . The determinative question for an appellate court is not whether it would have imposed a similar sanction but whether the trial court could reasonably conclude as it did given the facts presented. Never will the case on appeal look as it does to a [trial court] . . . faced with the need to impose reasonable bounds and order on discovery.” (Citations omitted; internal quotation marks omitted.) Usowski v. Jacobson, 267 Conn. 73, 85, 836 A.2d 1167 (2003).
The plaintiff does not claim that the orders were unclear or that he did not violate the discovery orders. Rather, the plaintiff argues that the sanctions ordered by the court were not proportional to the violation. We must, therefore, consider whether the court abused its discretion in ordering sanctions that were not proportional to the violation.
“We have long recognized that, apart from a specific rule of practice authorizing a sanction, the trial court has the inherent power to provide for the imposition of reasonable sanctions, to compel the observance of its rules. . . . Our trial courts have the inherent authority to impose sanctions against an attorney and his client for a course of claimed dilatory, bad faith and harassing litigation conduct, even in the absence of a specific rule or order of the court that is claimed to have been violated.” (Citations omitted; internal quotation marks omitted.) Millbrook Owners Assn., Inc. v. Hamilton Standard, 257 Conn. 1, 9-10, 776 A.2d 1115 (2001).
In the present case, the plaintiff was ordered to pay monetary sanctions in the form of costs, which included attorney’s fees associated with filing the motions. Our Supreme Court has recently clarified the rule for attorney’s fees. See Smith v. Snyder, 267 Conn. 456, 479-80, 839 A.2d 589 (2004). “[W]hen a court is presented with a claim for attorney’s fees, the proponent must present to the court at the time of trial or, in the case of a default judgment, at the hearing in damages, a statement of the fees requested and a description of services rendered. Such a rule leaves no doubt about the burden on the party claiming attorney’s fees and affords the opposing party an opportunity to challenge the amount requested at the appropriate time.” Id., 479. “Parties must supply the court with a description of the nature and extent of the fees sought, to which the court may apply its knowledge and experience in determining the reasonableness of the fees requested.” Id., 480. As a procedural matter, however, in order to be heard on appeal regarding the reasonableness of attorney’s fees, a party must first object or respond to the request in the trial court; id., 480-81; Florian v. Lenge, 91 Conn. App. 268, 285, 880 A.2d 985 (2005); otherwise, that party has waived the right to do so on appeal.
The four motions for orders of compliance or sanctions that included a specific dollar amount for sanctions were filed months prior to being granted by Judge Hurley in July, 2003.
The other four motions for orders of compliance or sanctions requested sanctions in the form of costs, including attorney’s fees, but did not include a specific
II
The plaintiff next claims that the court abused its discretion by dismissing the case. We are not persuaded.
As previously stated, we review the court’s action for abuse of discretion. See Usowski v. Jacobson, supra, 267 Conn. 85. “Where the ultimate sanction of dismissal is involved, [o]ur practice does not favor the termination of proceedings without a determination of the mer
The plaintiff engaged in a consistent pattern of discovery abuse throughout the course of the case. The plaintiff failed to comply with numerous discovery requests, all of which were necessary to advance the litigation of his claim. More importantly, he failed to follow the court’s orders that he comply with those discovery requests. On at least eight separate occasions, the defendant filed motions for orders of compliance or sanctions. The plaintiff was ordered to comply with various discovery requests but failed to do so. Aside from appearing at a deposition, the plaintiff has not been an active participant in the litigation of his case. The plaintiff, although once represented by counsel, acted pro se during the later part of the case.
We are mindful of the “established policy of the Connecticut courts to be solicitous of pro se litigants and when it does not interfere with the rights of other parties to construe the rules of practice liberally in favor of the pro se party. . . . The courts adhere to this rule to ensure that pro se litigants receive a full and fair opportunity to be heard, regardless of their lack of legal education and experience . . . . ” (Citation omitted; internal quotation marks omitted.) Oliphant v. Commissioner of Correction, 274 Conn. 563, 569, 877 A.2d 761 (2005). “This rule of construction has limits, how
The judgment is reversed only as to the amount of the sanctions that were ordered against the plaintiff and the case is remanded for further proceedings to determine the proper amount of those sanctions consistent with this opinion. The judgment is affirmed in all other respects.
In this opinion the other judges concurred.
On February 18, 2003, the plaintiffs counsel was allowed to withdraw from the case. The plaintiff did not, secure new counsel and represented himself in the trial court,. The plaintiff has secured representation for the purpose of his appeal.
On November 6, 2002, the defendant filed a motion for an order of compliance, and moved the court to impose sanctions on the plaintiff and to direct the payment of unspecified costs, including attorney’s fees associated with filing the motion. Oral argument was requested. On January 9, 2003, the defendant filed a motion for sanctions due to the plaintiffs refusal to pay costs relating to the November 6, 2002 motion and moved the court to impose sanctions on the plaintiff and to direct the payment of $2044 for the November 6, 2002 motion and further moved the court to impose sanctions on the plaintiff and to direct the payment of attorney’s fees not to exceed $1000 for filing the current motion.
On January 23, 2003, the defendant filed a motion for sanctions, and moved the court to impose sanctions on the plaintiff and to direct the payment of unspecified costs, including attorney’s fees associated with filing the motion and making an appearance on December 16,2002. Oral argument was requested. On January 30, 2003, the defendant filed two motions for orders of compliance and moved the court to impose sanctions on the
On February 3, 2003, the defendant filed a motion for an order of compliance and moved the court to impose sanctions on the plaintiff and to direct the payment of $1000 in costs, including attorney’s fees associated with filing the motion. On February 6, 2003, the defendant filed a motion for sanctions and moved the court to impose sanctions on the plaintiff and to direct the payment of $3426.21 in costs, including attorney’s fees associated with filing the motion. Oral argument was requested. On February 13, 2003, the defendant filed a motion for an order of compliance and moved the court to impose sanctions on the plaintiff and to direct the payment of $500 in costs, including attorney’s fees associated with filing the motion.
The motions for orders of compliance or sanctions filed on the following four dates all requested the court to impose sanctions directing the plaintiff to pay a specified amount On January 9, 2003, the defendant moved the court to impose a $2044 sanction for the November 6, 2002 motion; on February 3,2003, the defendant moved the court to impose a $1000 sanction; on February 6, 2003, the defendant moved the court to impose a $3426.21 sanction; and on February 13,2003, the defendant moved the court to impose a $500 sanction.
The motions for orders of compliance or sanctions filed on the following four dates all requested the court to impose sanctions directing the plaintiff to pay an unspecified amount: January 9 and 23, 2003, and two motions filed on January 30, 2003.
The motion for an order of compliance dated November 6, 2002, was not on the short calendar for July 21, 2003.
The plaintiff on appeal does not challenge the $500 sanction ordered in response to the relief requested in the February 13, 2003 motion.
See footnote 3.
The plaintiff claims on appeal that he went to the courthouse for the short calendar on July 21, 2003, but was told that the motions for orders of compliance or sanctions were nonarguable and to “go home” by the clerk of the court. We cannot conclude that this constitutes a diligent effort to challenge the eight motions that had been filed many months prior to July 22, 2003.
The plaintiff filed a motion for an extension of time to file a response to the motion for judgment, which was denied by the court on September 14, 2005.
See footnote 4.