Opinion
No. CV 04-0832763S
May 20, 2005
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION TO PERMIT DISCOVERY
The plaintiff has filed with this Court an "Application For Order To Proceed With Arbitration," dated March 17, 2004, in which it seeks to compel the State of Connecticut, acting through the Commissioner of the Department of Motor Vehicles, to arbitrate disputes arising out of a contract under which the plaintiff undertook to perform motor vehicle emissions testing for the State.
The Defendant's response thereto was a Motion to Dismiss, dated May 14, 2004, based on a claim that this action is barred by sovereign immunity. Plaintiff thereafter filed the present motion, in which it seeks permission to conduct discovery to determine whether the State waived sovereign immunity in its contract with plaintiff or through the conduct of those authorized to act for the State.
In Standard Tallow Corp. v. Jowdy, 190 Conn. 48 (1983), our Supreme Court held that plaintiffs confronted with jurisdictional challenges through motions to dismiss are entitled to conduct discovery so that they have the opportunity to meet their burden to prove jurisdiction and further held that due process requires the holding of a "trial-like hearing" where the plaintiff can attempt to demonstrate the existence of jurisdiction. While the dispute in Standard Tallow did not involve subject matter jurisdiction or an immunity defense, the Court finds that its reasoning is equally applicable to this situation, and that due process requires that plaintiff have the opportunity to explore the issues through discovery. An evidentiary hearing must necessarily follow.
The Motion to Permit Discovery is granted. Plaintiff shall complete all discovery within 90 days from the date of this Order. No action shall be taken by the Court regarding the Motion to Dismiss until discovery has been completed.
It is so ordered.
Miller, J.