Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-00698-JBA

Document 8

Filed 10/16/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT XL SPECIALTY INSURANCE COMPANY, Plaintiff, V. HOUSING AUTHORITY OF THE CITY OF DANBURY, Defendant.

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CIVIL NO. 303CV0698 (JBA)

October 16, 2003

MOTION TO DISMISS Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, Defendant Housing Authority of the City of Danbury (the "Housing Authority") hereby moves to dismiss Plaintiff XL Specialty Insurance Company ("XL")'s Complaint for Declaratory Judgment dated April 16, 2003 (the "Complaint"). As set forth in the attached memorandum of law, the Housing Authority has withdrawn its claim under the performance bond issued by XL for the renovation of the High Ride Gardens public housing complex in Danbury, Connecticut (the "Project"). There is no justiciable case or controversy because the Housing Authority lacks sufficient funds to complete the Project ORAL ARGUMENT REQUESTED

Case 3:03-cv-00698-JBA

Document 8

Filed 10/16/2003

Page 2 of 3

and therefore cannot satisfy a necessary condition to the suretyship obligations assumed by XL under the performance bond. The absence of a justiciable case or controversy deprives this court of subject matter jurisdiction under 28 U.S.C. § 2201. Accordingly, this court should dismiss the Complaint without prejudice.

DEFENDANT HOUSING AUTHORITY OF THE CITY OF DANBURY By /S/ Nathan C. Lampard Nathan C. Lampard Fed. Bar. No. 24977 Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 Tel. No.: (860) 275-8200 Fax No.: (860) 275-8299 E-mail: [email protected]

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Case 3:03-cv-00698-JBA

Document 8

Filed 10/16/2003

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CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was mailed, postage prepaid, to Dennis C. Cavanaugh, Esq., of Halloran & Sage LLP, 225 Asylum Street, Hartford, CT 06103 on this 16th day of October, 2003.

________________________________ Nathan C. Lampard

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