Free Response - District Court of Connecticut - Connecticut

I I I I I 01 6-WWE Document 166 Filed 11/18/2005 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
HARTFORD
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: Case N0. 3:03CVl0l6 (RNC) (DFM)
Plaintiff, :
- against- November 17, 2005
MERRILL LYNCH CREDIT CORPORATION,
Defendant.
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PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE
TO THE COURT’S NOVEMBER 7, 2005 ORDER
Plaintiff submits this brief reply to defendant’s response to the Court’s November 7, 2005
order directing defendant to provide citation to support its assertion that plaintiff "was in fact advised
_ by her counsel of potential claims against F alini, MLCC and MLPF&S, all before she personally
executed the Modification Agreement?
Defendant’s assertion is in effect an assertion that Ms. Miller’s counsel advised her of potential
claims arising out of the December 7, 1999 loan before she signed the January 2001 Modification
Agreement relating to that loan. As "suppo1t," defendant cited plaintiff s deposition testimony
relating to events that pre-date the December 7, 1999 loan. (Miller Dep 20l:9-202:1; 206:4-25;
208: l 9-210:4). Indeed, the December 7, 1999 loan was Falini’s response to a "mismanagement of
funds" allegation. (Miller Dep 206:4-25). Self-evidently, Ms. MiIler’s counsel could not have
advised her of wrongdoing with respect to a loan which had not even been proposed at the time of
the allegation. Accordingly, defendant has not provided any record support for its assertion.

I Case 3:03-cv-01016-WWE Document 166 Filed 11/18/2005 Page 2 of 2
BEGOS & HORGAN, LLP
B5/Â¥
Patrick W. Be os (ct 19090)
Christopher G. Brown (ct18216)
Attorneys for Plaintiff
327 Riverside Avenue
Westport, CT 06880
(203) 226-9990
(203) 222-4833 (fax)
Email: [email protected]
[email protected]
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was mailed via first class mail, postage prepaid,
on November 17, 2005 to:
Douglas C. Conroy, Esq.
Paul, Hastings, Janofsky & Walker, LLP
_ 1055 Washington Boulevard
Stamford, CT 06901-2217
Jonathan S. Bowman, Esq.
Cohen & Wolf
1115 Broad Street
Bridgeport, CT 06604
Christ0phegG. Brown-
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