Haidon v. Budlong & Budlong, LLC

318 F. Supp. 3d 568
CourtDistrict Court, W.D. New York
DecidedJuly 19, 2018
Docket1:17-CV-00343 EAW
StatusPublished
Cited by10 cases

This text of 318 F. Supp. 3d 568 (Haidon v. Budlong & Budlong, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haidon v. Budlong & Budlong, LLC, 318 F. Supp. 3d 568 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff Lauren E. Haidon ("Plaintiff"), proceeding pro se , commenced this action on April 21, 2017, against Defendants Budlong & Budlong, LLC (the "Budlong firm"), Culver Michael Budlong ("Budlong"), Laura E. D'Addabbo ("D'Addabbo"), Daryl S. Haberern ("Haberern"), and Lindy S. Nolan ("Nolan") (collectively, "Defendants"), seeking compensatory and punitive damages for various state and federal claims arising from Defendants' legal representation of Plaintiff in both a marriage dissolution and child custody matter and a personal injury action against her now-former husband in Connecticut state court. (Dkt. 1). Presently before the Court is Defendants' motion to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction, and pursuant to *572Rules 12(b)(4) and 12(b)(5) for insufficient process and service of process. (Dkt. 4). Defendants also move, in the alternative, to transfer venue to the District of Connecticut pursuant to 28 U.S.C. § 1404. (Id. ). For the following reasons, Defendants' motion to dismiss is granted, and Plaintiff's complaint is dismissed without prejudice.

BACKGROUND

I. Factual Background

The following facts are drawn from Plaintiff's complaint and its exhibits unless otherwise noted. The Budlong firm is a Connecticut-based law firm that is registered with the Connecticut Secretary of State and maintains its primary place of business in Hartford, Connecticut. (Dkt. 1 at ¶ 2). Plaintiff further asserts that Budlong, D'Addabbo, Haberern, and Nolan are all residents of the State of Connecticut. (Id. at 1-2). According to an affidavit submitted by Budlong,1 he is the founding member of the Budlong firm, which is a Connecticut Limited Liability Company. (Dkt. 4-4 at ¶¶ 1-2). Nolan is a receptionist for the firm, while D'Addabbo is an attorney formerly employed with the firm and Haberern is a paralegal also formerly employed with the firm. (Id. at ¶ 2).

On February 26, 2015, Plaintiff retained Defendants to represent her in a pending marriage dissolution and child custody matter against her now-former husband in Connecticut Superior Court. (Dkt. 1 at 6). Initially, Defendants directed Plaintiff to sign a retainer contract reflecting a $10,000 fee in contemplation of resolving the matter by agreement. (Id. at ¶ 24). However, after contacting opposing counsel, Defendants directed Plaintiff to sign an amended retainer contract reflecting a $25,000 fee to conduct a two-day trial to resolve the matter. (Id. ). The trial was scheduled to commence on April 23, 2015. (Id. at ¶ 25).

After retaining Defendants for the pending marriage dissolution and child custody proceedings, Plaintiff initiated a separate personal injury action against her now-former husband in Connecticut Superior Court on March 18, 2015, in which she was again represented by Defendants. (Id. at 7). Despite billing Plaintiff for significant time allegedly spent on consultation, research, and preparation, Defendants took no action to pursue the personal injury matter on Plaintiff's behalf. (Id. at ¶ 31).

On April 14, 2015, Budlong attended a pre-trial hearing regarding the marriage dissolution and child custody matter with opposing counsel. (Id. at ¶ 34). Plaintiff alleges that Defendant instructed her not to attend the pre-trial hearing and that the trial would begin as previously scheduled. (Id. ).

On April 22, 2015, Plaintiff paid to fly a witness from California to Defendants' office for a full day of trial preparation. (Id. at ¶ 32). Defendants subsequently billed Plaintiff for their time and efforts in preparing the witness for trial. (Id. ). Defendants also billed Plaintiff for documents created in preparation of the trial; however, no trial documents were filed by Defendants with the Connecticut Superior Court. (See id. at ¶¶ 32, 57).

On April 23, 2015, the trial commenced as scheduled. (See id. at ¶ 37). Less than an hour into the trial testimony, and while Plaintiff was testifying, opposing counsel claimed that she needed to take an emergency personal phone call. (Id. ). Budlong asked the state court judge if the parties *573could take their morning recess, and Budlong's request was granted. (Id. at 32 (trial transcript) ).2 Plaintiff alleges that after a one-hour recess, Budlong returned to the courthouse to intimidate, threaten, and coerce her into signing a separation agreement, which was apparently drafted by Defendants and opposing counsel during the morning recess. (Id. at ¶ 39).

Plaintiff alleges that she repeatedly stated-in front of multiple witnesses-that she did not want to sign the agreement. (Id. at ¶ 40). Plaintiff further alleges that Budlong berated her after her father contacted her on her cell phone to advise her not to sign the agreement, and that Budlong made racially insensitive comments about Plaintiff's three-year-old daughter. (Id. at ¶¶ 41-43). Budlong also allegedly threatened to withdraw as Plaintiff's counsel if she did not sign the separation agreement. (Id. at ¶ 46). Additionally, Budlong allegedly instructed Plaintiff to tell the state court judge that she fully understood what she had signed and was not coerced in any way. (Id. at ¶ 45).

Plaintiff eventually signed the separation agreement "under extreme duress from her own counsel." (Id. at ¶ 44). After the court proceedings resumed, Budlong informed the state court judge that a "Ms. Richter," who was present in the courtroom, had interfered with a conversation he was having with Plaintiff during the recess, and that this individual had claimed that Budlong was coercing Plaintiff. (Id. at 39). Shortly thereafter, the state court judge ordered that all witnesses be sequestered from the courtroom. (Id. at 41). While Ms. Richter was not a witness, she was also escorted out of the courtroom after repeatedly ignoring the state court judge's requests for her to take a seat. (Id. at 42-43).

Plaintiff subsequently testified that she had not been coerced into signing the separation agreement. (Id. at 49-50, 55). Plaintiff alleges that the first time she became aware that Defendants had previously discussed the separation agreement with the state court judge was during the judge's colloquy with Plaintiff's now-former husband. (Id. at ¶¶ 35-36; see

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318 F. Supp. 3d 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haidon-v-budlong-budlong-llc-nywd-2018.