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CONNECTICUT OPINIONS JULY 6, 2020 ¦ 35

discrimination based on his disability, retalia- restoring and preparing cars for shipment. Dicso
tion, and failure to accommodate. Defendant negotiated the purchase of a 1934 Pierce Arrow
raised the question of plaintiff ’s competence and stored the vehicle. Plaintiff paid for the ve-
and ability to prosecute the claim, and the hicle via wire transfer. Dicso filed for bankrupt-
court certified questions to both parties for cy in 2017. In June 2017, Dicso received title to
additional briefing on (1) the court’s author- the 1934 Pierce Arrow on his own and sold the
ity to determine plaintiff ’s competence, and vehicle to defendant Gullwing. Plaintiff then
(2) the plaintiff ’s ability to prosecute the case. brought a suit for replevin of the vehicle, and
The court found that, absent any evidence of moved for summary judgment. Defendants ar-
competency, the court need not consider his gued they had superior title in the vehicle and
incompetence. The court did not invoke Rule were buyers in the ordinary course of a good
17(c) and did not appoint a guardian ad litem. faith purchase, however the court noted that
The court found without any medical evidence in several circumstances Dicso admitted that
of plaintiff ’s lack of capacity, the court could plaintiff owned the vehicle. The court found no
not find him incompetent. triable issue of fact as to plaintiff ’s claim for re-
plevin. Defendants asserted affirmative defenses
of entrustment and transaction of purchase, but
CLASS ACTIONS the court granted summary judgment in favor

Court Grants Motion For Conditional of the plaintiff.
Class Certification
CRIMINAL LAW

CASE: Jimenez v. M&L Cleaning, Inc. Court Denies Compassionate Release
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:19-CV-00078 For Moderate Asthma And Violent
COURT OPINION BY: Dooley Underlying Act
DATE: June 22, 2020 • PAGES: 7
Defendant operated a cleaning business where
plaintiff used to be employed. Plaintiff claimed CASE: United States v. Quintana
COURT: U.S. District Court for Connecticut
that during his employment he was required to DOC. NO.: 3:18-CR-216-VLB
work without receiving overtime pay as required COURT OPINION BY: Bryant
by the Fair Labor Standards Act and the Con- DATE: June 24, 2020 • PAGES: 12
necticut Minimum Wage Act, and brought the Defendant allegedly threatened a tow-truck
underlying claim. Plaintiff then moved for condi- driver with a loaded weapon, and pleaded guilty
tional class certification of the FLSA action, and to possession of a firearm by a convicted felon.
the court granted the motion. The court found In January 2020 he was sentenced to 27 months
plaintiff made a showing that his fellow employ- imprisonment, followed by 3 years of supervised
ees were “similarly situated” and were identifiable release; defendant has served 20 months of his
based on the time sheets and payroll documents. sentence. Defendant was sent to Wyatt Deten-
The court granted certification. tion Facility as a holdover inmate until the Bu-
reau of Prisons could move him to a federal
facility; however movement slowed during the
COMMERCIAL LAW pandemic and he was never accepted into BOP

Court Grants Summary Judgment For custody. Wyatt currently has 57 detainees with
Replevin Of Goods Where No Issue As positive COVID-19 cases, and defendant moved
To Ownership for compassionate release. Defendant argued
that his sentence has effectively been extended
due to the pandemic because he has not been
considered for re-entry services at this point in
CASE: Richmond v. F-40 Restoration, LLC his incarceration, and that he is uniquely suscep-
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:18-CV-01409 tible to COVID-19 due to his asthma. The gov-
COURT OPINION BY: Dooley ernment did not oppose the motion, however
DATE: June 18, 2020 • PAGES: 17 the court denied defendant’s request. The court
Plaintiff was a collector of antique cars who found that moderate and controlled asthma was
resided in Australia. Plaintiff worked with not a compelling reason to consider compas-
third party Gary Dicso to assist him in buying, sionate release, and that even though defendant

CONNECTICUT
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