Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-01048-PCD Document 35 Filed 12/24/2003 Page 1 of 4
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UNITED STATES DISTRICT COURT .·»‘ 2%
DISTRICT OF CONNECTICUT Fg; fl
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CLIFTON S. FREEDMAN, ) ..4 il {jj;
Plaintiff, ) 1 i_ {Ei
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v. ) Civil Action No. 3:03CVl048 (PCD) D
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AMERICA ONLINE, INC., THE TOWN )
OF FAIRFIELD, DETECTIVE WILLIAM )
YOUNG AND DETECTIVE DAVID )
BENSEY (Individually and in their official )
capacities as police officers for the Town of ) DECEMBER 24, 2003
Fairfield), )
)
Defendants. ) y
MEMORANDUM OF LAW IN SUPPORT OF I
PLAINTIFF’S MOTION FOR RECONSIDERATION
By Memorandum of Decision (the "Decision") dated December 5, 2003 and entered on
the docket on December 8, the Court granted America Online, Inc. ’s ("AOL") motion to
dismiss based upon a forum selection clause in AOL’s contract with the plaintiff. The Court
granted the motion without prejudice to the plaintiff refiling his claims against AOL in a court
compliant with the contract’s forum selection clause. Decision at 13. The plaintiff
respectfully requests that the Court reconsider its decision dismissing the case and, instead,
transfer the claims against AOL to the United States District Court for the Eastern District of i
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Virginia.
The plaintiff fully intends to prosecute its claims against AOL, even though the Court
has determined that it cannot do so in Connecticut. Transferring the AOL claims to the
Eastern District of Virginia would prevent undue delay and avoid costs that the plaintiff will
incur if he is required to "start from scratch" by retiling his case. Moreover, transferring the
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_ Case 3:03-cv-01048-PCD Document 35 Filed 12/24/2003 Page 2 of 4 I
AOL claims to the Eastern District of Virginia will not prejudice AOL, as it will have to I
defend this action under either scenario. >
In its motion to dismiss, AOL agreed in principle that a transfer to the Eastern District
of Virginia would be appropriate if the Court declined to dismiss the case outright. §g AOL’s
Memorandum to Motion to Dismiss at 6-7 n.4 (suggesting that if the Court were to decline to
dismiss the claims against AOL, it should at least transfer them to the Eastern District of N
Virginia). The Court recognized AOL’s reference to a potential transfer in its Decision. p
Decision at 13 n.5. Indeed, it appears that the Court would have been willing to transfer the
case to the Eastern District had the plaintiff expressed a preference for that court, as opposed
to a Virginia state court.
For all of the foregoing reasons, the plaintiff respectfully moves the Court to reconsider
its December 5 ruling, vacate its order of dismissal, and enter a new order transferring the E
claims against defendant America Online, Inc. to the Eastern District of Virginia. 1
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Case 3:03-cv-01048-PCD Document 35 Filed 12/24/2003 Page 3 of 4 ,
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THE PLAINTIFF
CLIFTON S. FREEDMAN
By:
Daniel J. Klau (ct17957)
H. James Pickerstein (ct05094) l
Calvin K. Woo (ct24951) g
Pepe & Hazard LLP ’
Goodwin Square
225 Asylum Street
Hartford, CT 06103-4302 l
(860) 522-5175
(860) 522-2796 fax
Robert Y. Altchiler (ct24247)
The Law Offices of Robert Y. Altchiler
590 Madison Avenue l
New York, NY 10022
(212) 541-2422
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Case 3:03-cv-01048-PCD Document 35 Filed 12/24/2003 Page 4 of 4
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CERTIFICATE OF SERVICE a
I hereby certify that a copy of the foregoing has been sent by first class mail, postage A
prepaid, this 24th day of December, 2003 to the following:
David R. Schaefer, Esq. i
Rowena A. Moffett, Esq.
Brenner, Saltzman & Wallman, LLP
271 Whitney Avenue
New Haven, CT 06507
Samir Jain ,
C. Colin Rushing
2445 M Street, N.W.
Washington, DC 20037
Thomas Murtha, Esq.
. Mark Perkins, Esq.
Maher & Murtha, LLC l
528 Clinton Avenue l
P.O. Box 901
Bridgeport, CT 06601
Calvin K. Woo
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