Free Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00698-JBA Document 11 Filed 10/29/2003 Page 1 of 2
I ‘ "- M,
I UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT gll EIB
I Bm 23 E} LLB {iii um I
XL SPECIALTY INS. CO. : E qiNSNHQ€COUH¥
v. : NO. .
CITY OF DANBURY HOUSING AUTHORITY : I
ENDORSEMENT ORDER |DOC. #10, #8, #6| I
The Court's Order dated 10/23/03 denying Defendant's Motion I
to Dismise for failure to comply with Pre—Trial Deadlines [doc. I
#10] is hereby VACATED and Defendant's Motion to Dismiss [doc. I
#8] is GRANTED, with consent. Plaintiff's Motion for Default for I
n
Failure to Plead [doc. #6] is DENIED as moot in light of the I
above. I
The Clerk is directed to close this case. j
IT IS SO ORDERED. I
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Dated at New Haven, Connecticut: October 28, 2003 I
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i Case 3:03-cv-00698-JBA Document 11 Filed 10/29/2003 Page 2 of 2
( HALLORAN
J &SAc12LLit»
W ATTORNEYS A'l' LAW
i DENNIS C. CAVANAUGH Direct 860 297·46l6 [email protected]
Also admitted in Massachusetts i
October 22, 2003
Honorable Janet B. Arterton
United States District Judge
United States District Court
District of Connecticut ·
141 Church Street i
New Haven, CT 06510 i
Re: XL S ecialt Insurance Co. v. Cit of Danbu Housin
Authorit
Docket No.: 3:03 CV 0698 (JBA) i
Our File No.: 12863.0002 ,
Your Honori N
The undersigned represents the Plaintiff, XL Specialty insurance Company, with
respect to the above referenced litigation. We are in receipt of the Defendant’s, I
Housing Authority for the City of Danbury’s (the “Houslng Authority"), Motion to Dismiss F
the Plaintiff’s declaratory judgment action and opposing c0unsel’s correspondence of l
October 16, 2003 (which was attached to the Motion to Dismiss as Exhibit B—5). i
We understand that the Housing Authority is withdrawing its claim under the J
above referenced Performance Bond based upon the fact that the Housing Authority is
unable to perfo_rm certain of its duties and obligations to the Plaintiff. Although the
Plaintiff disagrees with_ the Housing Authority's contention that anyclaim can be _
pursued against the Performance Bond inthe future, the Plaintiff has no objection to the
Court granting the Housing Authority's Motion to Dismiss. Additionally, the Plaintiff has .
no objection to the Court setting aside the default entered against the Housing Authority l
for failing to file a timely response to the Complaint.
Thank you for your consideration of this matter.
‘ ` Respectfully submitted, y
Dennis . vanaugh ` `````
DCC/pes
cc: All Counsel of Record
Clerk of the Court
On: Goodwin Square, 225 Asylum Strcct, Hartford, Connecticut 06103 860 522-6103 Fax 860 548-0006 www.halIoran-sagc.com
Hartford I Middletown I Westport I Washington, D.C.
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