Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 470

Filed 08/02/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: AUGUST 2, 2006

MOTION FOR RECONSIDERATION Defendant Mostafa Reyad, hereby respectfully moves this Court to Reconsider its Memorandum of Decision [Doc # 466] dated July 26, 2006; pursuant to D. Conn. L. R. 7 (c), the Local Rule allows litigant to file motion for reconsideration and mandates filing a memorandum setting forth the matters or controlling decisions which counsel believes the Court overlooked in the initial decision or order. As an initial matter, the Court Decision shows that the Court misappropriates the application of Fed. R. Civ. P. Rule 8 (b), and or presumably Rule 8 (c) Affirmative Defenses , and the Court shut off all Defendants defenses, and counterclaims effective August 14, 2002, the date Defendants filed their amended answers. Simply put, the Court set aside any and all Defendants Defenses stipulated in Defendants Proposed Findings of Facts and Conclusions of Law [Doc # 458] dated June 16, 2005. The Court Decision Rules Denying

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Case 3:00-cv-00835-CFD

Document 470

Filed 08/02/2006

Page 2 of 3

Defendant various defenses, including res judicata and collateral estoppel, violation of California statutes, and failure to state a claim upon which relief can be granted. Defendant believes that, that misappropriation is a clear error at law should be reconsidered by the Court. The Court Decision also shows that the Court set aside the evidences for Defendants defenses as well as Defendants counterclaims provided by the Defendant at trial and acknowledged by the Court. For the reasons stated herein and in the accompanied Memorandum of Law, the Honorable Court should Grant the instant motion for reconsideration and Order reversing its Decision as a matter of law.

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Case 3:00-cv-00835-CFD

Document 470

Filed 08/02/2006

Page 3 of 3

The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Home Phone # 201-585-0562 Day Phone # 203-325-4100 Email: [email protected]

CERTIFICATE OF SERVICE

The undersigned certifies that he mailed on the captioned date a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511 and hand delivered to Wafa Reyad.

Mostafa Reyad

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