Free Affidavit - District Court of Connecticut - Connecticut

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I I I Case 3:03-cv-01016-WWE Document 37 Filed 1 1/2§/2003 PageQ).U1BIOIVa-F-F _
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UNITED STATES DISTRICT COURT I
DISTRICT OF CONNECTI&HJiI;.B\I ZIO A °I= 32 I
I . ll CI- Cmnt I
ay? In I J\I
JULIE DILLON RIPLEY MILLER, ‘ NIIIIQFDBQIVKIQJI6 (RNC)(DFM) I
Plaintiff and Counterclaim I
Defendant, I
— against-
MERRILL LYNCH CREDIT CORPORATION, I
November 25, 2003
Defendant and Counterclaimant.
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AFFIDAVIT OF THOMAS P. FRIEDMAN IN SUPPORT OF DEFENDANT’S I
MOTION TO STRIKE PLAINTIFF’S LAT — IL ID JURY D MAND I
Thomas P. Friedman hereby certifies as follows: I
I. I ain an associate with the law firm of Paul, Hastings, J anofsky & Walker, LLP,
counsel of record for Defendant and CounterclaimantMe1trill Lynch Credit Corporation I
("MLCC") in the above—captioned action. I file this Afhdavit in support of Defendant’s Motion I
to Strike Plaintiff" s Late-Filed Jury Demand.
2. On April 23, 2003, Plaintiff initiated this laswsuit against MLCC in Connecticut I
state court. At no time did Plaintiff demand a jury in the Connecticut action. On June 6, 2003,
MLCC removed the action to this Court. On July 11, 2003, Plaintiff filed an eleven count
Amended Complaint alleging, inter alia, negligent infliction of emotional distress and intentional
infliction of emotional distress. The Amended Complaint is attached hereto as Exhibit 1.
3. Plaintiff filed an Answer and Counterclaim. for Foreclosure on July 25, 2003.
Defendant propounded discovery reasonably calculated to lead to the discovery of admissible
evidence with respect to Plaintiff s claims, including her emotional distress claims.
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4. Plaintiff responded to some items of discovery, but objected to the majority of the
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, discovery directed to the allegations of emotional distress. Plaintiff eventually proposed that she j
voluntarily dismiss the emotional distress claims without prejudice to “narrow the issues and j
expedite the prosecution of this action." & Letter from Patrick Begos to Thomas Friedman of
October 15, 2003 attached hereto as Exhibit 2.
5. With this negotiation history in mind, the stipulation dated November 5, 2003 (the
"Stipulation") was executed and included the following preamble: "WHEREAS the parties
desire to narrow the issues in this action for discovery and; trial." The Stipulation also included
the following term: "[t]he parties agree that this Stipulation is entered into solely to narrow i
issues and expedite the prosecution of this action." gee Stzipulation attached hereto as Exhibit 3. j
6. Based on the October 15 letter, and the terms ofthe Stipulation, Defendant
consented to the voluntary dismissal of Plaintiffs emotional distress claims and agreed to I
withdraw discovery related to those claims. The Stipulation would not have been agreed to by `
defense counsel had the Second Amended Complaint contained ajury demand. On November
10, Plaintiff served both a Second Amended Complaint and, for the first time, a separate i
purported jury demand "for all issues in this action.” The Second Amended Complaint is i
attached hereto as Exhibit 4 and the purported jury demand is attached hereto as Exhibit 5.
DATED: November 25, 2003.
CQ mg ;
Thomas P. Friedmi
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csnriricms OF ssgvics
This is to certify that on this 25"` day of November, 2003, a copy of the foregoing `
Asrinavir or m0MAs P. FRIEDMAN in suppowr OF DEFENDANT’S Morton TO 1
STRIKE PLAINTIFF’S LATE-FILED JURY DEMAND was delivered via U.S. iirst class mail {
to:
Patrick W. Begos, Esq. {
sscos & H01zcAN, LLP
327 Riverside Avenue
Westport, CT 06880
14%,é/ l
Thomas P. F riiedman l
STM/263842.1
1141100021

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