On April 18, 2023 a
Request,Application
was filed
involving a dispute between
Caroline Scinto,
Christian Scinto Jr,
and
1730 State Street Limited Partnership,
Ajc Management Llc,
Gabrielle Fischer,
Marianne Scinto,
for M00 - Misc - Injunction
in the District Court of Fairfield County.
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N0.: FBT-CV23-6123280-S : SUPERIOR COURT
CAROLINE SCINTO, ET AL
: JUDICIAL DISTRICT OF
v. : AT BRIDGEPORT
1730 STATE STREET L. P. ET AL : May 2, 2024
OBJECTION TO
PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT
Defendant, and 1730 State Street Limited Partner, Gabriele Fischer, individually and to the
degree that she has C.G.S. § 34-34a derivative action authority to act on behalf of the 1730 State
Street Limited Partnership (“1730") hereby objects to Plaintiffs’ Request for Leave to File Amended
Complaint (Doc. 252). Plaintiffs’ motion is clearly untimely, the bifurcated trial of Plaintiffs’ action is
scheduled for trial in six (6) days.
The claimed new evidence Plaintiffs’ rely on is the March 5, 2024 judgment in Jefferson Scinto
v. Alan M. Fischer, et al, FBT-CV-23-6124173-S. Jefferson Scinto’s lawsuit to dissolve AJC
Management LLC (“AJC”) and appoint a receiver for AJC’s one percent interest in the 1730 limited
partnership, which is a personal property interest pursuant to C.G.S. 34-26, 1 is currently under appeal
(Exhibit 1).
1
. Sec. 34-26. “Nature of partnership interest. A partnership interest is personal property.”
Since there is nothing to administer, it is apparent that Jefferson Scinto’s testimony, violating his
contractual and statutory duties, may have been solely to allow the Plaintiffs in this action to file this
amended comlpaint.
In addition, the first and second reasons Plaintiffs’ propounds for allowing an amendment to
their complaint six days before trial are baseless. The first basis for Plaintiffs’ motion is the claim that
the 1730 limited partners have been benefitted by Plaintiffs’ action. This claim is factually disputed
by Gabriele Fischer’s counterclaim, cross complaint and expert disclosures (See Docs. 134, 188,
189) showing that a sale by a receiver impacts the sale value of the property, and as such is factually
baseless. The second basis for Plaintiffs’ motion is that AJC has been dissolved as a result of the
March 5, 2024 judgment in Jefferson Scinto v. Alan M. Fischer, et al, docket number
FBT-CV-23-6124173-S. This judgement is currently under appeal (see AC47451) and theref ore not
ripe for reliance on.
For the foregoing reasons, Plaintiffs’ request should be deined.
I certify that a copy of the foregoing was sent today DEFENDANT GABRIELE FISCHER,
to Goldstein&Peck PC 1087 Broad St Bridgeport CT BY LAURENCE V. PARNOFF, P.C., BY
06604 by Email to mcphersona@goldsteinandpeck /S/
com; to Joseph Sargent 1595 Black Rock Turnpike LAURENCE V. PARNOFF, Jr. #435109
Fairfield, CT 06824, by Email to: jrs@sargentlaw.net 1566 Park Avenue
and to Frederick D. Paoletti, Jr., 3301 Main Street Bridgeport, CT 06604-2502
Bridgeport CT 06604 by Email to: fred@paolettilaw.net tel: 203-336-1861; fax: 203-336-1863
/S/ Attorney Email: lvparnoff@gmail.com
Page 2 of 2
EXHIBIT 1
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Supreme and Appellate Court
Case Detail
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Case Information
AC 47451 JEFFERSON SCINTO v. ALAN M. FISCHER ET AL. Status: New File
Appeal Case Information To receive an email when there is activity on this case, click here.
Date Filed: 03/12/2024 Response to
Docket Due Date:
Appeal By: Defendant Disposition
Method:
Argued Date: Disposition Date:
Submitted on Briefs Cite:
Date:
Panel: Petition(s) For
Certification:
Cross Appeal/Amended Appeal
Trial Court Case Information
Docket FBTCV236124173S
Number:
Judgment For: Plaintiff Court: JD COURTHOUSE AT BRIDGEPORT
Trial Judge(s): HON. BARRY K. STEVENS Judgment 03/05/2024
Date:
Case Type: CIVIL - MISC/ALL OTHER
Party/Attorney or Self-Represented Information
p Trial Court Party Class Appeal Party Class
AJC MANAGEMENT, LLC Defendant Appellant
Juris: 438546 LAURENCE V PARNOFF PC
ALAN M FISCHER Defendant Appellant
Juris: 045335 LAURENCE V PARNOFF
Juris: 438546 LAURENCE V PARNOFF PC
JEFFERSON SCINTO Plaintiff Appellee
Juris: 023640 GOLDSTEIN & PECK PC
Transcripts and Exhibits Exhibits Received By Court:
Transcripts Estimated
Party Delivered To Party Pages Delivered To Court
Ordered Delivery Date
ALAN M FISCHER
03/22/2024 03/22/2024 03/25/2024
AJC MANAGEMENT, LLC
Preliminary Papers
Designation of
Preliminary Certificate re Certificate of
the Proposed Docketing PAC Constitutionality Sealing
Party Name Statement of Transcript Interested
Contents of the Statement Statement Notice Notice
the Issues Received Entities
Clerk Appendix
ALAN M FISCHER
,
AJC 03/20/2024 03/28/2024 03/20/2024 03/20/2024 03/20/2024
MANAGEMENT,
LLC
JEFFERSON
03/22/2024
SCINTO
Briefs and Prepared Record Record Filed:
Case Activity
Date Action Notice
Activity Number Initiated By Description Action
filed Date Date
1 of 2 04/28/24, 10:25 PM
Supreme/Appellate Case Look-up https://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=90961...
APPEAL AC 47451 3/12/2024 Direct Appeal Filed
PRELIMINARY PAPER/APPEAL 3/12/2024 Correspondence from Court Filed
DOCUMENTS
PRELIMINARY 3/20/2024 Appeal Transcript Order Filed
PAPER/APPEAL DOCUMENTS Acknowledgement from Court
Reporter
PRELIMINARY 3/20/2024 Docketing Statement Filed
PAPER/APPEAL DOCUMENTS
PRELIMINARY 3/20/2024 Pre Argument Conference Filed
PAPER/APPEAL DOCUMENTS Statement
PRELIMINARY 3/20/2024 Preliminary Statement of the Filed
PAPER/APPEAL DOCUMENTS Issues
PRELIMINARY 3/22/2024 Docketing Statement Filed
PAPER/APPEAL DOCUMENTS
DELINQUENCY ORDER 230517 3/25/2024 Clerk uploaded Delinquency Filed
Order
DELINQUENCY ORDER 230517 3/25/2024 Court Compliance 03/28/2024 03/25/2024
PRELIMINARY 3/28/2024 Designation of the Proposed Filed
PAPER/APPEAL DOCUMENTS Contents of the Clerk Appendix
Version 1.33.1.0 Nov, 2023
Copyright © 2024, State of Connecticut Judicial Branch
2 of 2 04/28/24, 10:25 PM
Document Filed Date
May 02, 2024
Case Filing Date
April 18, 2023
Category
M00 - Misc - Injunction
For full print and download access, please subscribe at https://www.trellis.law/.
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N0.: FBT-CV23-6123280-S : SUPERIOR COURT CAROLINE SCINTO, ET AL : JUDICIAL DISTRICT OF v. : AT BRIDGEPORT 1730 STATE STREET L. P. ET AL : May 2, 2024 OBJECTION TO PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT Defendant, and 1730 State Street Limited Partner, Gabriele Fischer, individually and to the degree that she has C.G.S. § 34-34a derivative action authority to act on behalf of the 1730 State Street Limited Partnership (“1730") hereby objects to Plaintiffs’ Request for Leave to File Amended Complaint (Doc. 252). Plaintiffs’ motion is clearly untimely, the bifurcated trial of Plaintiffs’ action is scheduled for trial in six (6) days. The claimed new evidence Plaintiffs’ rely on is the March 5, 2024 judgment in Jefferson Scinto v. Alan M. Fischer, et al, FBT-CV-23-6124173-S. Jefferson Scinto’s lawsuit to dissolve AJC Management LLC (“AJC”) and appoint a receiver for AJC’s one percent interest in the 1730 limited partnership, which is a personal property interest pursuant to C.G.S. 34-26, 1 is currently under appeal (Exhibit 1). 1 . Sec. 34-26. “Nature of partnership interest. A partnership interest is personal property.” Since there is nothing to administer, it is apparent that Jefferson Scinto’s testimony, violating his contractual and statutory duties, may have been solely to allow the Plaintiffs in this action to file this amended comlpaint. In addition, the first and second reasons Plaintiffs’ propounds for allowing an amendment to their complaint six days before trial are baseless. The first basis for Plaintiffs’ motion is the claim that the 1730 limited partners have been benefitted by Plaintiffs’ action. This claim is factually disputed by Gabriele Fischer’s counterclaim, cross complaint and expert disclosures (See Docs. 134, 188, 189) showing that a sale by a receiver impacts the sale value of the property, and as such is factually baseless. The second basis for Plaintiffs’ motion is that AJC has been dissolved as a result of the March 5, 2024 judgment in Jefferson Scinto v. Alan M. Fischer, et al, docket number FBT-CV-23-6124173-S. This judgement is currently under appeal (see AC47451) and theref ore not ripe for reliance on. For the foregoing reasons, Plaintiffs’ request should be deined. I certify that a copy of the foregoing was sent today DEFENDANT GABRIELE FISCHER, to Goldstein&Peck PC 1087 Broad St Bridgeport CT BY LAURENCE V. PARNOFF, P.C., BY 06604 by Email to mcphersona@goldsteinandpeck /S/ com; to Joseph Sargent 1595 Black Rock Turnpike LAURENCE V. PARNOFF, Jr. #435109 Fairfield, CT 06824, by Email to: jrs@sargentlaw.net 1566 Park Avenue and to Frederick D. Paoletti, Jr., 3301 Main Street Bridgeport, CT 06604-2502 Bridgeport CT 06604 by Email to: fred@paolettilaw.net tel: 203-336-1861; fax: 203-336-1863 /S/ Attorney Email: lvparnoff@gmail.com Page 2 of 2 EXHIBIT 1 Supreme/Appellate Case Look-up https://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=90961... Supreme and Appellate Court Case Detail Supreme & Appellate Court Look-up Home | Printer Friendly Version | New Search | Judicial Home Page | Back Case Information AC 47451 JEFFERSON SCINTO v. ALAN M. FISCHER ET AL. Status: New File Appeal Case Information To receive an email when there is activity on this case, click here. Date Filed: 03/12/2024 Response to Docket Due Date: Appeal By: Defendant Disposition Method: Argued Date: Disposition Date: Submitted on Briefs Cite: Date: Panel: Petition(s) For Certification: Cross Appeal/Amended Appeal Trial Court Case Information Docket FBTCV236124173S Number: Judgment For: Plaintiff Court: JD COURTHOUSE AT BRIDGEPORT Trial Judge(s): HON. BARRY K. STEVENS Judgment 03/05/2024 Date: Case Type: CIVIL - MISC/ALL OTHER Party/Attorney or Self-Represented Information p Trial Court Party Class Appeal Party Class AJC MANAGEMENT, LLC Defendant Appellant Juris: 438546 LAURENCE V PARNOFF PC ALAN M FISCHER Defendant Appellant Juris: 045335 LAURENCE V PARNOFF Juris: 438546 LAURENCE V PARNOFF PC JEFFERSON SCINTO Plaintiff Appellee Juris: 023640 GOLDSTEIN & PECK PC Transcripts and Exhibits Exhibits Received By Court: Transcripts Estimated Party Delivered To Party Pages Delivered To Court Ordered Delivery Date ALAN M FISCHER 03/22/2024 03/22/2024 03/25/2024 AJC MANAGEMENT, LLC Preliminary Papers Designation of Preliminary Certificate re Certificate of the Proposed Docketing PAC Constitutionality Sealing Party Name Statement of Transcript Interested Contents of the Statement Statement Notice Notice the Issues Received Entities Clerk Appendix ALAN M FISCHER , AJC 03/20/2024 03/28/2024 03/20/2024 03/20/2024 03/20/2024 MANAGEMENT, LLC JEFFERSON 03/22/2024 SCINTO Briefs and Prepared Record Record Filed: Case Activity Date Action Notice Activity Number Initiated By Description Action filed Date Date 1 of 2 04/28/24, 10:25 PM Supreme/Appellate Case Look-up https://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=90961... APPEAL AC 47451 3/12/2024 Direct Appeal Filed PRELIMINARY PAPER/APPEAL 3/12/2024 Correspondence from Court Filed DOCUMENTS PRELIMINARY 3/20/2024 Appeal Transcript Order Filed PAPER/APPEAL DOCUMENTS Acknowledgement from Court Reporter PRELIMINARY 3/20/2024 Docketing Statement Filed PAPER/APPEAL DOCUMENTS PRELIMINARY 3/20/2024 Pre Argument Conference Filed PAPER/APPEAL DOCUMENTS Statement PRELIMINARY 3/20/2024 Preliminary Statement of the Filed PAPER/APPEAL DOCUMENTS Issues PRELIMINARY 3/22/2024 Docketing Statement Filed PAPER/APPEAL DOCUMENTS DELINQUENCY ORDER 230517 3/25/2024 Clerk uploaded Delinquency Filed Order DELINQUENCY ORDER 230517 3/25/2024 Court Compliance 03/28/2024 03/25/2024 PRELIMINARY 3/28/2024 Designation of the Proposed Filed PAPER/APPEAL DOCUMENTS Contents of the Clerk Appendix Version 1.33.1.0 Nov, 2023 Copyright © 2024, State of Connecticut Judicial Branch 2 of 2 04/28/24, 10:25 PM