Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD Document 127 Filed 11/O1/2005 Page 1 of 4
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., )
)
Defendants. )
DAVID W. GWYNN, RAQUEL GWYNN AND )
GWYNN FINANCIAL SERVICES, INC. ) CASE NUMBER:
) 3:03 CV 1154 (CFD)
Plaintiffs, )
)
vs. )
)
NATIONAL UNION FIRE INSURANCE )
COMPANY OF PITTSBURGH, PA., and )
AIG TECHNICAL SERVICES, INC., ) November 1, 2005
= )
Defendants. )
MOTION FOR RECONSIDERATION
Defendants National Union Fire Insurance Company of Pittsburgh, Pa. and AIG
Technical Services, Inc., now known as AIG Domestic Claims, Inc. (hereinafter referred to
collectively as "National Union"), by their attorneys Finn Dixon & Herling LLP, hereby
respectiiilly move for reconsideration of the Cou1t’s electronic order dated October 18, 2005 (the
"Order"), for the reasons set forth below and in National Union’s Memorandum of Law, filed
concurrently herewith.
ORAL ARGUMENT REQUESTED
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Case 3:03-cv-00644-CFD Document 127 Filed 11/O1/2005 Page 2 of 4
The Order appears to have overlooked the parties’ pending motions to dismiss for lack of
subject matter jurisdiction, and contains no findings of fact or recommended decision on the
Motion for Leave to File [a] Second Amended Complaint (the "Motion to A1nend") of the
Plaintiffs in the Gwynn Action (the "Gwynn Plaintiffs"), which is dispositive. The Order also
appears to grant the Gwynn Plaintiffs the right to effectively dismiss a party, Gwynn Financial
Services, Inc. ("GFS"), because it is not diverse, but it does so without a recommended decision
or Court order as required.
WHEREFORE, Defendants National Union Fire Insurance Company of Pittsburgh, Pa.
and AIG Technical Services, Inc. (now known as AIG Domestic Claims, Inc.) respectfully
request that the Magistrate J udge:
a. reconsider the Order pursuant to D. CONN. L. CIV. R. 7(c), and
b. vacate the Order.
Further, assuming that the Court has referred the following matters to the Magistrate Judge
pursuant to 28 U.S.C. § 636, FED. R. CIV. P. 72(b), and D. CONN. L. CIV. R. 72.l(C)(l) and
72.2(a), National Union respectfully requests that the Magistrate Judge:
c. issue a recommended decision on National Union’s Motion to Dismiss
pursuant to FED. R. CIV. P. l2 for lack of subject matter jurisdiction (the
"Rule 12 Motion"), which if granted would dispose of the Gwynn Action
and divest the Court of the power to issue the Order; or
d. in the alternative, if the Magistrate Judge issues a recommended decision
denying National Union’s Rule 12 Motion, or declines to issue a
recommended decision thereupon, the Magistrate Judge should issue a
recommended decision on the Gwynn Plaintiffs’ Motion to Dismiss
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Case 3:03-cv-00644-CFD Document 127 Filed 11/O1/2005 Page 3 of 4
pursuant to FED. R. CIV. P. 41(a)(2) and recommend the dismissal GFS
through an "order of the Court" as required by the rule (the "Rule 41
Motion"); or
e. in the further altemative, if the Magistrate Judge declines to issue a
recommended decision on National Union’s Rule 12 Motion and the
Gwynn Plaintiffs’ Rule 41 Motion, the Magistrate Judge must issue a
recommended decision in support of his Order granting the Gwynn
Plaintiffs’ Motion to Amend because it is a dispositive motion that
effectively decides that this Court has subject matter jurisdiction over the
Gwynn Action, effectively dismissing GFS and disposing of its claims in
this forum; along with
f. such other and further relief as the Court may deem just and proper.
DEFENDANTS NATIONAL UNION FIRE
INSURANCE COMPANY OF PITTSBURGH, PA.,
and AIG TECHNICAL SERVICES, ·· .
By: ih — @6 /**
= R. Hawkins II (ct 012
liam M. Tong (ct25304)
inn Dixon & Herling LLP
One Landmark Square, Suite 1400
Stamford, CT 06901-2689
Tel: (203) 325-5000
Fax: (203) 348-5777
Email: [email protected]
3
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Case 3:03-cv-00644-CFD Document 127 Filed 11/O1/2005 Page 4 of 4
CERTIFICATION
This is to certify that a true and correct copy of the foregoing was sent by United States
mail, first class, postage prepaid to the following this lst day of November, 2005:
Peter M. Nolin, Esq.
Jay H. Sandak, Esq.
Sandak Hennessey & Greco LLP
707 Smnmer Street
Stamford, CT 06905
(203) 425-4200
(203) 325-8608 (fax)
Mario DiNata1e, Esq.
Jonathan M. Levine, Esq.
Silver Golub & Teitell LLP
184 Atlantic Street
Stamford, CT 06904
(203) 325-4491
(203) 325-3769 (fax)
- ¢
R. Hawkins II
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