Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00703-CFD

Document 51

Filed 02/13/2004

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT At Hartford CENTRIX, INC. Plaintiff/Counter-Defendant v. Civil Action No. 3:03-CV-703(CFD)(WIG)

ANDON BRUSH COMPANY, INC., Defendant/Counter-Plaintiff

MOTION TO ENFORCE SETTLEMENT AGREEMENT AND TO STAY DISCOVERY AND/OR TO EXTEND THE DISCOVERY DEADLINES Plaintiff, Centrix, Inc. (Centrix) hereby moves to enforce a Settlement Agreement reached by the parties, and to stay discovery until such time as Plaintiff' Motion to s Enforce Settlement Agreement has been decided, and/or to extend the current scheduling order to extend the discovery period. The grounds for the motion are: 1. The parties have effectively reached agreement as to all the material issues necessary to amicably resolve this litigation. 2. That Defendant, Andon Brush Company, Inc.' (Andon) s efforts to avoid the settlement reached by disagreeing as to the form of the Stipulation of

Oral Hearing Requested

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Case 3:03-cv-00703-CFD

Document 51

Filed 02/13/2004

Page 2 of 2

3.

Dismissal after settlement has been reached ought not nullify the Settlement Agreement reached and/or the form of the Stipulation of Dismissal with prejudice that had been agreed upon.

4.

A stay of discovery is requested so as to avoid the unnecessary expenditures time, money and energy of the 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 Agreement is granted, and/or in the alternative, to modify the Scheduling Order to extend the discovery period. Respectfully submitted,

____________________________ Arthur T. Fattibene, CT06916 Counsel for Plaintiff Fattibene and Fattibene 2480 Post Road Southport, CT 06890 Tel: 203-255-4400 Fax: 203-259-0033

Oral Hearing Requested

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