Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 157

Filed 07/01/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. MICHAEL BREEN, Defendant. : : CIVIL NO.: 3:00CV00052(RNC)

MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. TOWN OF NORTH BRANFORD Defendant. : : CIVIL NO.: 301CV00229(RNC) JULY 1, 2005

MOTION TO GIVE EFFECT TO ADMISSION Defendants have admitted that Officer Breen was "approximately 50 feet away from the Camaro when he began to pull the trigger on his gun that resulted in the firing of the first shot." In order to head off any problems, plaintiff moves pursuant to Fed. R. Civ. P. 36 for an order giving this admission effect. Caselaw sharply restricts parties' freedom to define "approximately" to include any interval they choose; according to the cases, "approximations" include only immaterial variations. As set forth in the attached memorandum, plaintiff requests the Court to require the parties to accept the approximation as "conclusively established" and as excluding any material variation from the approximated distance of 50 feet.

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Case 3:00-cv-00052-RNC

Document 157

Filed 07/01/2005

Page 2 of 2

THE PLAINTIFF

By /s/Barbara Goren David N. Rosen Barbara Goren 400 Orange Street New Haven, Connecticut 06511 (203) 787-3513 CT00196 E-mail: [email protected] E-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing Motion was sent first class mail, postage prepaid on July 1, 2005 to:

Thomas R. Gerarde, Esquire Howd & Ludorf 65 Wethersfield Avenue Hartford, Connecticut 06114

/s/Barbara Goren Barbara Goren

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