Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00703-CFD Document 62 Filed O4/27/2004 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
At Hanford
CENTRIX, INC.
Plaintiff7Counte1·-Defendarit
v. Civil Action No.
3:03-CV-703(CPD)(WIC)
ANDON BRUSH COMPANY, INC., April 27, 2004
Defendant/Counter-Plaintiff
MOTION TO ENFORCE SETTLEMENT
AND TO STAY DISCOVERY
Defendant, Andon Brush Company, Inc. ("Andon") hereby moves to enforce a
settlement reached by the parties at the April 16, 2004 settlement conference held in this matter,
and to stay discovery until such time as Andon's motion to enforce settlement has decided.
The grounds for the motion are:
l. At the April 16, 2004 settlement conference, the parties reached agreement as to all _
the issues necessary to amicably resolve this litigation.
2. Subsequent to the April 16, 2004 settlement conference, Plaintiff, Centrix Inc.
("Centrix") has repudiatecl the settlement it has agreed to, and has done so without any
valid explanation.
3. Andon has presented a form of settlement agreement to Centrix embodying the
matters which had been agreed upon prior to and at the April 16, 2004 conference,
and has demanded an indication that Centrix would fulfill the agreements reached at
the April 16, 2004 conference. Centrix has failed and refused to so indicate, and has
embarked on a course of conduct which is inconsistent with the matters agreed upon

Case 3:03-cv-00703-CFD I Document 62 Filed O4/27/2004 Page 2 of 3
at the April 16, 2004 conference. l
4. A stay of discovery is requested so as to avoid the unnecessary expenditures time,
money and energy ofthe respective parties in undertaking continued discovery that
will include the taking of depositions of fact witnesses, compiling experts reports,
deposing experts and the filing of any necessary motions relating to unresolved
discovery issues, which will be all rendered moot, if the motion to enforce the
settlement is granted.
Respectfully submitted,
By: Kenneth L. Winters, Esq. CT25530
Counsel for Defendant
Carella, Byrne, Bain, Gilfillan,
Cecchi, Stewart, & Olstein
5 Becker Farm Road
Roseland, New Jersey 07068
(973) 994-1700 (Tel.) _
(973) 994-1744 (Fax.)
Email: kWinters§§),carellab]g‘pe.com
Matthew C. Mason (ct 15291)
Gregory and Adams, P.C.
190 Old Ridgefield Road
Wilton, CT 06897
(203) 762-9000 (Tel.)
(203) 834-1628 (Fax)
Email: n1mason@g;ego;yandadarns.com
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Case 3:03-cv-00703-CFD Document 62 Filed O4/27/2004 Page 3 of 3 I
Declaration of Service
I declare under penalty of perjury that on the date set forth below, I did cause a copy of
the within Motion to Enforce Settlement and to Stay Discovery, the Declaration of Robert
Newell, the Declaration of Kermeth L. Winters, and Brief in support of said rnotion to be sent by
Federal Express overnight delivery service to:
Arthur T. Fattibene, Esq.
Counsel for Plaintiff
Fattibene and Fattibene
2480 Post Road
Southport, Connecticut 05890
and a copy of the same by Federal Express overnight delivery service to:
Matthew Mason, Esq.
Connecticut Counsel for Defendant .
Gregory & Adams
190 Old Ridgefield Road
Wilton, Connecticut, 06897
Executed on April 26, 2004.
Kenneth L. Winters.
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