Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:00-cv-00391-HBF

Document 102

Filed 03/22/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DUANE ZIEMBA V. FREDERICK THOMAS, ET AL. : : : MARCH 21, 2005 CIVIL NO. 3:00CV391 (HBF)

DEFENDANTS' MOTION FOR PERMISSION TO FILE A MOTION FOR SUMMARY JUDGMENT The four undersigned defendants: former Department of Correction Commissioner John Armstrong, Warden David Strange, Warden Mark Strange, and Captain Raymond Elterich respectfully request permission to file a Motion for Summary Judgment, which accompanies this motion. In support thereof, the defendants submit as follows: A. The plaintiff, an inmate, brings this action against 10 Connecticut, Department of

Correction officials concerning an incident, or a series of incidents, occurring at various correctional institutions in 1998. B. The plaintiff's primary allegation is that defendants Thomas, Willard, Forrestal,

Fretard, Fulcher, and Shefer utilized excessive force during an incident of March 9, 1998, at Corrigan Correctional Institution. He also makes a number of ancillary claims. C. defendants. D. On May 22, 2003, the Court granted in part, and denied in part defendants' The defendants do not seek summary judgment on behalf of the six above-named

Motion to Dismiss Plaintiff's Amended Complaint. E. In June 2003, Attorneys Nugent and Ponvert appeared for the plaintiff. Since that

time, there has been no activity in the file.

Case 3:00-cv-00391-HBF

Document 102

Filed 03/22/2005

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F.

It is unclear from the docketing statement whether there is an operative

scheduling order. G. The defendant have not filed a Motion for Summary Judgment in this case and

submit that the Motion for Summary Judgment will benefit all of the parties, and the Court, as it will eliminate the non-viable claims and non-viable defendants. As a result, trial of this case will be far more orderly and efficient. H. Opposing counsel was contacted in regard to this request and did not

communicate his position prior to the filing of this motion. WHEREFORE, the four undersigned defendants respectfully request permission to file their Motion for Summary Judgment, which accompanies this motion.

DEFENDANTS John Armstrong, David Strange, Mark Strange and Raymond Elterich RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

________/s/_________________________ Matthew B. Beizer Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct16304 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

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Case 3:00-cv-00391-HBF

Document 102

Filed 03/22/2005

Page 3 of 3

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 21st day of March, 2005: Antonio Ponvert, III, Esq. Koskoff, Koskoff & Bieder, P.C. 350 Fairfield Avenue, 5th Floor Bridgeport, CT 06604 James Nugent, Esq. Nugent and Bryant 236 Boston Post Road Orange, CT 06477

_______/s/__________________________ Matthew B. Beizer Assistant Attorney General

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