DOCUMENT: Motion for nonsuit in Chelsea Gardens case (1/5/16)

7/23/2019 DOCUMENT: Motion for nonsuit in Chelsea Gardens case (1/5/16)

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Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070(860) 651-1333 Fax (860) 651-1888 Juris No. 407894

DOCKET NO.: KNL-CV-15-6024488-S : SUPERIOR COURT:

CHARLES EVANS, JR. : J. D. OF NEW LONDON

: AT NEW LONDON

v. :

:

CHELSEA GARDENS FOUNDATION, INC. : JANUARY 5, 2016

MOTION FOR NONSUIT

Pursuant to Practice Book § 17-20, et seq., the Defendant, Chelsea Gardens

Foundation, Inc., respectfully requests that a nonsuit be entered against the Plaintiff,

Charles R. Evans, Jr., for his failure to appear in this matter.

On July 7, 2015, the Plaintiff initiated this action by serving upon the Defendant

a Summons, Application For Temporary Injunction And Order To Show Cause, Order

to Show Cause, Affidavit of Steven Danzer, PhD, Order of Temporary Injunction,

Complaint, Demand for Relief and Statement of Amount in Demand. At that time the

Plaintiff was represented by counsel. After initiating this action the Plaintiff vigorously

pursued his claim for a temporary injunction against the Defendant, which culminated

in a two day evidentiary hearing before Judge Joseph Q. Koletsky on September 9, 2015

and September 10, 2015. The Plaintiff was present at New London Superior Court on

both dates of the evidentiary hearing and testified on his own behalf. The Plaintiff

testified that he resided at 49 Butternut Drive, Norwich, Connecticut. On September

10, 2015, at the close of the evidentiary hearing, Judge Koletsky denied the Plaintiff’s

application for a temporary injunction.




Following the denial of the temporary injunction, the Plaintiff’s counsel,

Attorney Keith Ainsworth, filed a Motion To Withdraw As Counsel on November 2,

2015. On November 30, 2015, Attorney Ainsworth’s motion was granted by the Court

(Cole-Chu, J.). Since November 30, 2015 the Plaintiff has failed to appear in this

matter.

In order to grant this motion a military affidavit is not needed. The Plaintiff

testified at the evidentiary hearing that he is a resident of Norwich, Connecticut living

nearby to Mohegan Park. In fact, Mr. Evans testified that his residency on Butternut

Drive allowed him to observe the activities of the Chelsea Gardens Foundation Inc.

and/or its contractors, which supported his failed attempt at a temporary injunction. At

the evidentiary hearing Mr. Evans presented dozens of photographs of Mohegan Park,

which Mr. Evans took between approximately May 2015 and August of 2015 while

residing on Butternut Drive. Mr. Evans has been intimately involved in this matter

from its inception, and was present throughout the entire evidentiary hearing. Further,

this Court determined that Mr. Evans was given adequate notice of the Motion to

Withdraw, and he did not object. Following the granting of the Motion to Withdraw the

Plaintiff has taken no steps to obtain representation and pursue this matter further.

WHEREFORE, the Defendant respectfully requests that this Court enter a

nonsuit against the Plaintiff, Charles R. Evans, Jr.






CERTIFICATION

This is to certify that on the date first above a copy of the foregoing has been sent

to the following counsel and pro se parties of record:

Block Janney & Pascal, LLC138 Main Street

Norwich, CT 06360

And by certified mail and regular mail to all non-appearing parties as follows:

Charles R. Evans, Jr.

49 Butternut Drive Norwich, CT 06360

___/s/ 429308______________________

Jeffrey O. McDonald

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DOCUMENT: Motion for nonsuit in Chelsea Gardens case (1/5/16)