Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 448

Filed 02/04/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : Plaintiff, : v. : : MOSTAFA REYAD and WAFA REYAD, : : Defendants. : : INDYMAC BANK, F.S.B.,

CIVIL ACTION NO. 3:00CV835(CFD)

FEBRUARY 2, 2005

PLAINTIFF'S CONSOLIDATED MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTIONS TO ADD UNITED STATES AS INDISPENSABLE PARTY AND TO DISQUALIFY PLAINTIFF'S ATTORNEY Plaintiff IndyMac Bank, F.S.B. ("Plaintiff" or "Indymac") submits the instant memorandum in opposition to: (1) "Defendant's Motion to Add United States as Indispensable Party" dated December 28, 2004 (doc. # 442); (2) "Defendant's Supplement to Motion to Hold United States as an Indispensable Party" dated January 24, 2005 (doc. # 444); and (3) "Defendant's Motion to Disqualify Plaintiff's Attorney" dated January 24, 2005 (doc. # 445). Once again, Defendant seeks relief from the writs of garnishment properly issued by Magistrate Judge Garfinkel in connection with the Court's May 17, 2000 Ruling and Order on Plaintiff's Motion for Prejudgment Remedy. In these latest motions, Defendant seeks to add the United States as an indispensable party and, once again, seeks to disqualify Plaintiff's counsel from further participation in these proceedings. Defendant's claims are completely without merit.

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Case 3:00-cv-00835-CFD

Document 448

Filed 02/04/2005

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The issues raised in Defendant's latest filings are identical to those raised in several other motions already pending before this Court. See, e.g., "Defendant Mostafa Reyad's Motion Pursuant to 28 U.S.C. 144" (doc. # 412); "Defendant Mostafa Reyad's Motion for Expedited Consideration for Injunctive Relief Pursuant to 28 U.S.C. 1657(a)" (doc. # 415); "Defendant Mostafa Reyad's Motion Pursuant to 28 U.S.C. 455" (doc. # 417); "Defendant Mostafa Reyad's Motion to Stay" (doc. # 419); "Defendant Mostafa Reyad's Motion to Disqualify Magistrate Garfinkel" (doc. # 422)1; and "Defendant's Motion to Held [sic] Plaintiff and its Attorney in Criminal Contempt" (doc. # 424). Accordingly, Plaintiff incorporates by reference its arguments in opposition to these challenges, as previously set forth in: Plaintiff's Consolidated Memorandum in Opposition to Defendant's Post-Trial Motions dated (doc. # 428); Plaintiff's Consolidated Opposition to Defendant's Prejudgment Remedy Motions (doc. # 389); and Plaintiff's Opposition to Defendant's Motion to Correct the Records (doc. # 408). For the reasons set forth in the aforementioned memoranda, Plaintiff respectfully submits that Defendant's Motion to Add United States as Indispensable Party (doc. #442) and Motion to Disqualify Plaintiff's Attorney (doc. # 445) should be denied.

Judge Garfinkel denied Defendant's Motion to Disqualify on February 1, 2005. See doc. #447.
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Additionally, Plaintiff notes that Defendants still have not filed their post-trial brief in this action, which was due by December 21, 2004. Plaintiff renews its request that the Court notify Defendants that if they continue to delay in filing their post-trial brief, they will be deemed to have waived their right to file such brief.

PLAINTIFF INDYMAC BANK, F.S.B. By: /s/ Rowena A. Moffett Rowena A. Moffett (ct19811) BRENNER, SALTZMAN & WALLMAN LLP Their Attorney 271 Whitney Avenue P.O. Box 1746 New Haven, CT 06507-1746 Tel. (203) 772-2600 Fax. (203) 772-4008 Email: [email protected]

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CERTIFICATE OF SERVICE

This is to certify that a true and accurate copy of the foregoing was served by United States first-class mail, postage prepaid, this 2nd day of February, 2005 upon:

Mostafa Reyad 2077 Center Ave #22D Fort Lee, NJ 07024 [email protected] Wafa Reyad 2077 Center Ave #22D Fort Lee, NJ 07024 [email protected]

/s/ Rowena A. Moffett Rowena A. Moffett (ct19811)

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