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In re Ogalin

United States District Court, D. Connecticut

October 1, 2018

IN RE FRANK F. OGALIN
v.
CHRISTINA OGALIN, INDIVIDUALLY AND AS TRUSTEE FOR AMY OGALIN, ERICA OGALIN AND FRANK OGALIN, VERNA OGALIN, AND DRYWALL CONSTRUCTION CORP. THE CADLE COMPANY

          RULING ON THE CADLE COMPANY'S MOTION TO COMPEL PRODUCTION, FURTHER APPEARANCE AT DEPOSITIONS, AND ADDITIONAL RELIEF (DOC. NO. 343)

          ROBERT M. SPECTOR, UNITED STATES MAGISTRATE JUDGE

         Familiarity with the procedural history and extensive litigation in this case is presumed. On May 16, 2018, the Judgment Creditor, The Cadle Company [or “Cadle”] filed the pending Motion to Compel, seeking an order from this Court directing defendant Christina Ogalin [“the defendant” or “Ogalin”] to: (a) immediately produce documents sought in a properly served subpoena; (b) appear for a continued examination pursuant to the subpoena; and (c) pay Cadle its attorneys' fees and expenses. (Doc. No. 343). Cadle seeks discovery under Conn. Gen. Stat. § 52-351b in connection with its collection efforts on the $625, 537.50 judgment plus post-judgment interest entered September 25, 2007 in favor of Cadle and against Ogalin. (Doc. No. 343 at 1; see Doc. No. 237).

         Section 52-351b(a) permits discovery by a judgment creditor from a judgment debtor who “the judgment creditor reasonably believes, in good faith, may have assets of the judgment debtor” to satisfy a money judgment. Conn. Gen. Stat. § 52-351b(a). Section 52-351b(a) specifies that discovery proceeding under this section consists of “serving an initial set of interrogatories” which “shall [be] answer[ed] . . . and return[ed] . . . to the judgment creditor within thirty days of the date of service.” Conn. Gen. Stat. § 52-351b(a). Additionally, Section 52-351b(c) states: “The judgment creditor may obtain discovery, including the taking of depositions, from any person served with interrogatories in accordance with procedures for discovery in civil actions without further order of the court.” Conn. Gen. Stat. § 52-351b(c).[1]

         In response to a subpoena served upon on February 19, 2018, Ogalin agreed to provide the following documents by April 19, 2018:

(a) All documents that refer to, reflect or are related to encumbrances on any real property the Defendant owns;
(b) Any and all lease agreements for real property in which the Defendant is the landlord, or has a beneficial interest in;
(c) Certificate of title/evidence of ownership of any car owned by Defendant;
(d) Documents concerning life insurance policy; and
(e) Documents related to Drywall Construction Co., Inc.

(Doc. No. 343 at 2). To date, the defendant has not produced these documents.

         Additionally, Ogalin refused to provide the following documents, unless ordered by the Court:

(a) Certificates of title/evidence of ownership of any car that Defendant does not own, but which she has full access to and/or use of;
(b) All documents referring in any way, directly or indirectly to any and all business in which deponent is a stockholder, partner, officer, director, owner or registered agent;
(c) Any and all corporate charters, minutes of stockholders meetings, resolutions, or recorded evidence of any kind relating to the affairs of any corporation owned by deponent, or any subsidiary or other entity in which such ...

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