CT DSS Roderick Bremby tries to buy time on Rule 11 Motion for Sanction in Title XIX lawsuit
Dear Attorney Jepsen: I'll go after you next. As a former Assistant AG I am telling you as current CT AG that you need to have your people get their shit together and stop lying. Otherwise the picketing and the protesting will commence in earnest when I return to the East Coast. I dare you to arrest me.
In light of Aliki's conduct, and despite the Court's view that dismissal is a last resort to be avoided if at all possible, there does not appear to be any alternative to dismissal that would properly punish Aliki for its transgressions; deter others from attempting similar conduct in the future; compensate Otter Valley for the prejudice caused by Aliki; and not impact this Court's ability to administer justice in the other cases before it. See Nat'l Hockey League, 427 U.S. at 643 ("[T]he most severe in the spectrum of sanctions provided by statute or rule must be available to the district court in appropriate cases, not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent.");Jones v. Niagara Frontier Transp. Auth., 836 F.2d 731, 735 (2d Cir. 1987) [**38] ("[I]n this day of burgeoning, costly, and protracted litigation courts should not shrink from imposing harsh sanctions where . . . they are clearly warranted.") (quoting Cine Forty-Second St. Theatre Corp. v. Allied Artists Pictures Corp., 602 F.2d 1062, 1068 (2d Cir. 1979)); S. New Eng. Tel. Co., 251 F.R.D. at 96 (entering default judgment as a sanction for the defendant's willful defiance of court orders and its discovery obligations in order "to prevent defendants' willful noncompliance and destruction [of evidence] from impacting the court's other cases and thus impacting the orderly administration of justice for other litigants.").
Accordingly, for the foregoing reasons, the Court GRANTS Otter Valley's motions to dismiss [docs. ## 111, 117] and DENIES Aliki's motions to vacate [docs. ## 112, 118, and 125] the Court's prior orders. The Clerk is directed to dismiss this case with prejudice and to close the file.
New Haven Legal Assistance Assoc. 426 State Street
New Haven, CT 06510-2018