Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 3:03-cv-01016-WWE Document 168 Filed 12/20/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JULIE DILLON RIPLEY MILLER, NO. 3:03-CV-1016 (WWE)
Plaintiff and Counterclaim
Defendant,
— against -
MERRILL LYNCH CREDIT CORPORATION, DECEMBER 20, 2005
Defendant and Counterclaimant.
MOTION FOR RECONSIDERATION BY
MERRILL LYNCH CREDIT CORPORATION
Pursuant to Rule 7(c) of the Local Rules of Civil Procedure, Merrill Lynch Credit
Corporation ("MLCC") respectfully moves the Court to reconsider certain aspects of its "Ruling on
Pending Motions" filed December 6, 2005. As detailed more fully in the accompanying
memorandum of law, the Court should have found that Plaintiffs conversion claim was time-barred
based on Plaintiffs own theory of the case. In short, since Plaintiff claims that the Power of
Attomey was void from inception and never authorized MLCC’s creation of the pledge account in
1999, any "conversion" of Plaintiffs securities occurred at the time of the pledge account’s creation
in 1999 and not at the time of the later account liquidation. In addition, MLCC moves that the
Court’s ruling be modified to confirm that summary judgment was granted in favor of MLCC on
Plaintiffs claim of respondeat superior (Count IX).
ORAL ARGUMENT NOT REQUESTED

Case 3:03-cv—01016-WWE Document 168 Filed 12/20/2005 Page 2 of 3
WHEREFORE, MLCC respectfully requests that its motion for reconsideration be
granted.
PAUL, HASTINGS, JANOF SKY &
WALKER LLP
By: .
Douglas . oy (ct 1555)
Matthew R. Paul (ct 21036)
1055 Washington Boulevard
Stamford, CT 06901-2217
Telephone: (203) 961-7400 t
Facsimile: (203) 359-3031
Email: [email protected]
. [email protected]
· COHEN AND WOLF
Jonathan S. Bowman (ct 08526)
~ Ari Hofiinan (ct 22516)
1 1 15 Broad Street
, Bridgeport, CT 06604 p
Tel: 203-368-021 1
. Fax: 203-576-8504
Email: jbowman@cohenandwo1£com
ahoffrnan@cohenandwolfcom
Counsel for Defendant and Counterclaimant
MERRILL LYNCH CREDIT CORPORATION
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Case 3:03-cv—01016-WWE Document 168 Filed 12/20/2005 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that on this May of December 2005, a copy of the foregoing was
delivered via first class United States mail to:
Patrick W. Begos, Esq.
Christopher Brown, Esq.
BEGOS & HORGAN, LLP
327 Riverside Avenue
Westport, CT 06880
Jonathan S. Bowman, Esq. I
Ari Hoffman, Esq.
COHEN AND WOLF
1115 Broad Street
Bridgeport, CT 06604
Douglas gonroyj ' gé
LEGAL_US_E # 70319607.1
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