Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD Document 60 Filed 10/05/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BRUCE CHARLES RYAN, RUSSELL WILLIAM )
NEWTON, ROBERT FITZPATRICK and MERIT ) CASE NUMBER:
CAPITAL ASSOCIATES, INC., ) 3:03 CV 00644 (CFD)
)
Plaintiffs, )
)
vs. )
)
NATIONAL UNION FIRE INSURANCE )
COMPANY OF PITTSBURGH, PA. and )
AIG TECHNICAL SERVICES, INC., ) October 5, 2004
) .
Defendants. )
DEF E._NDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR QEFAULT
Defendants National Union Fire Insurance Company of Pittsburgh, Pa. and AIG
Technical Services, Inc. (hereinafter referred to collectively as "National Union" or
"Defendants") hereby oppose the Motion for Default for Failure to Plead of Plaintiffs Bruce
Charles Ryan, Russell William Newton, Robert Fitzpatrick, and Merit Capital Associates, Inc.
(the "Ryan Plaintiffs"). In support of this Opposition, undersigned counsel states as follows:
l. On September 13, 2004, National Union moved for its first request for an
extension o1` time to answer, move against, or otherwise respond to Plaintiffs’ amended
complaints in the consolidated actions after the Court’s decision denying National Union’s
Motions to Dismiss.
2. The Ryan Plaintiffs filed an objection to the Motion for Extension as well
as a Motion for Default for Failure to Plead, both dated September 14, 2004.
3. The Court granted National Union’s Motion for Extensipn by Order dated
September 14, 2004.

Case 3:03-cv-00644-CFD Document 60 Filed 10/05/2004 Page 2 of 3
4. The Ryan Plaintiffs’ objection and Motion for Default are moot; the Court
has already granted the Motion for Extension to which the Ryan Plaintiffs object, and thereby
granted leave to National Union to tile its answer by October 13, 2004.
5. The parties also engaged in a scheduling conference with the Court on
September 20, 2004. At that time, the Ryan Plaintiffs did not object to the filing of National
Union’s answers on or before October 13, 2004. It was so ordered by the Court.
6. National Union has requested that counsel for the Ryan Plaintiffs
withdraw their Motion for Default. Although counsel for the Ryan Plaintiffs has refused to
withdraw that motion, counsel indicated that he does not object to Nationalis Union action to
advise the Court that the Ryan Plaintiffs’ Motion for Default is now moot.
Accordingly, for the reasons stated above, National Union respectfully requests
that this Court deny the Ryan Plaintiffs’ Motion for Default for Failure to Pleatl, along with such
other relief that the Court deems just and proper.
DEFENDANTS NATIONAL I UNION FIRE
INSURANCE COMPANY OF PIiI`TSBURGH, PA.
and AIG TECHNICAL SERVICES, INC.
` L
Byr ;g
James R. Hawkins II (ct00l2 t
William M. Tong (ct25304)
Finn Dixon & Herling LLP (
One Landmark Square, Suite ll400
Stamford, CT 06901-2689
Tel: (203) 325-5000
Fax: (203) 348-5777
Email: [email protected]
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{oooxvozs, 2; 0040-3}

Case 3:03-cv-00644-CFD Document 60 Filed 10/05/2004 Page 3 of 3
CERTIFICATION
This is to certify that a true and correct copy of the foregoing was sent by Ur1ited
States mail, lirst class, postage prepaid to the following this 5th day of October, 2004:
Peter M. Nolin
Jay H. Sandak
Sandak Hermessey & Greco LLP
970 Summer Street
Stamford, CT 06905
(203) 425-4200
(203) 325-8608 (fax)
Mario DiNatale ‘
Jonathan M. Levine
Silver Golub & Teitell LLP
184 Atlantic Street
Stamford, CT 06904
(203) 325-4491
(203) 325-3769 (fax)
William M. Tong é i
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{00087023; 2; 0040-3}