DOCKET NO.

: KNL-CV-15-6024488-S
CHARLES EVANS, JR.
v.
CHELSEA GARDENS FOUNDATION, INC.

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SUPERIOR COURT
J. D. OF NEW LONDON
AT NEW LONDON

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 Plaintiffs
application for a temporary injunction.

Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070

(860) 651-1333 Fax (860) 651-1888 Juris No. 407894

Following the denial of the temporary injunction, the Plaintiffs counsel,

Attorney Keith Ainsworth, filed a Motion To Withdraw As Counsel on November 2,
2015. On November 30, 2015, Attorney Ainsworths 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.

Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070

(860) 651-1333 Fax (860) 651-1888 Juris No. 407894

DEFENDANT
CHELSEA GARDENS FOUNDATION,
INC.

By:

_/s/ 429308_____________________
Jeffrey O. McDonald, Esq.
Hassett & George, P.C.
945 Hopmeadow Street
Simsbury, CT 06070
Juris No. 407894
(860) 651 1333

By:

__/s/ 433350_____________________
Sharon Baldwin, Esq.
David G. Hill & Associates, LLC
180 Glastonbury Boulevard, Suite 202
Glastonbury, CT 06033
Juris No. 433350
(860) 657-1012

Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070

(860) 651-1333 Fax (860) 651-1888 Juris No. 407894

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, LLC
138 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

S:\Montpelier US Insurance\Chelsea Gardens\Pleadings\Motion for Nonsuit 1.5.16.doc

Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070

(860) 651-1333 Fax (860) 651-1888 Juris No. 407894