Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

I ` ` ase 3:03-cv-01009-SRU Document 76-2 Filed O2/1_§/2005 Paget of 3 I
O C) I

` UNITED STATES DISTRICT COURT ' I
mai nie ie A
JOSEPH ATTIAS & HAIM ATTIAS ; CIVIL NO. 3:03 0»i·009{{SIgUa ,. , . I
Plaintiffs 2 ‘····$·-·f7·?·`$Y?-ML L ...=
I
PATRONS MUTUAL INSURANCE ; I
COMPANY OF CONNECTICUT ;
Defendant ; FEBRUARY 14, 2005
I
I
PLAINTIFFS’ LOCAL RULE 56 tc[2 STATEMENT I
I. PLAINT1EFS= RESPONSE TO DEFENDANT’S LOCAL RULE 56 (a) 1 STATEMENT: I
l. The statements contained in paragraph l of the defendant’s Local Rule 56(a) l _
Statement dated December l4, 2004 are admitted.
2. The statements contained in paragraph 2 of the defendant’s Local Rule 56(a) l I
Statement dated December 14, 2004 are admitted I
3. The statements contained in paragraph 3 of the defendant’s Local Rule 56(a) l I
Statement dated December 14, 2004 are admitted. I
4. The statements contained in paragraph 4 of the defendant’S Local Rule 56(a) l
Statement dated December 14, 2004 are admitted. I
5. The Statements contained in paragraph 5 of the defendant’s Local Rule 56(a) l I
Statement dated December l4, 2004 are admitted.
6. The statements contained in paragraph 6 of the defendant’s Local Rule 56(a) l l
Statement dated December 14, 2004 are admitted, however all the statements made in the
supporting affidavit of Scot Terra are not admitted . I
I
I
I
ff ;· i ;· J ;· an -- an —— an -- A -- A H. .. A .. I ... .. I _,_, ,
iiQQiiQQiiQQiiQQiiQQii M

' l
I i ase 3:03-cv¢O100@U Document 76-2 Filed O2/{562005 Page 2 of 3
l
7. The statements contained in paragraph 7 of the defendant’s Local Rule 56(a) 1
Statement dated December 14, 2004 are admitted.
I 8. The statements contained in paragraph 8 of the defendant’s Local Rule 56(a) 1
Statement dated December 14, 2004 are admitted.
9. The statements contained in paragraph 9 of the defendant’s Local Rule 56(a) 1
Statement dated December 14, 2004 are admitted, however the plaintiffs deny that they made any
material misrepresentations during the course of the investigation. (See Affidavits of Joseph and
I~Iaini Attias, paragraph 10 of said affidavits, attached hereto as Exhibits A and B). I
10. The statements contained in paragraph 10 of the defendant’s Local Rule 56(a) 1 I
Statement dated December 14, 2004 as to the rebuilding of the property are admitted however the I
statement regarding the property’s lack of demolition is denied. (Please see Affidavits of Joseph
and Haim Attias, paragraph 11 of said affidavits, attached hereto as Exhibits A & B.) I
11. The statements contained in paragraph ll of the defendant’s Local Rule 56(a) 1
Statement dated December 14, 2004 are admitted.
12. The plaintiffs deny the accuracy of the statements contained in paragraph 12 of
the defendant’s Local Rule 56(a) 1 Statement dated December 14, 2004. (Affidavit of Scott
Terra attached to Defendant’s Statement as Exhibit E does not support the statements contained in
this paragraph) (See Affidavits of Joseph and Haim Attias, paragraph 12 of said affidavits, I
l
attached hereto as Exhibits A and B).
II. MATERIAL FACTS FOR WHICH THERE EXIST GENUINE ISSUES TO BE
TRIED:
1. Whether the plaintiffs have presented any testimony or evidence as to any facts
to support the allegation that Patrons Mutual Insurance Company violated the Connecticut Unfair I
Insurance Practices Acts or the Connecticut Unfair Trade Practices Act. (Affidavit of Scot Terra, I
F
. 2 I

I
l A ase 3*03-cv-0100 — U Document 76-2 Filed 02/1 - 2005 Page 3 of 3 i
· QQ. it ¤
l
l
paragraph 13, attached hereto as Exhibit C, Plaintiffs’ Response to Discovery requests dated
¤
I
February 5, 2005, responses to interrogatories numbers 1, 2, 3, 4, & 5, attached hereto as Exhibit \
D, Plaintiffs’ supplemental compliance with discovery requests dated February ll, 2005, E
response to interrogatory #5, attached hereto as Exhibit E.) R
2. Whether the plaintiffs have entered into a contract for replacement/rebuilding of
their property located at 475 New Britain Avenue, Hartford, Connecticut. (See Affidavits of I
Joseph and Haim Attias, paragraph 12 attached hereto as Exhibits A and B, and Construction
Contract Attached here to as Exhibit F .) K
THE PLAINTIFFS, I
..,» - -ir. . ’
E,y~""l‘ .:17*.7- `dpl I K
rE1 errata ’aa~··
Farver ___He~ érnan
2842 ld Dixwell Avenue
Hamden, Connecticut 06518
Telephone: 203-230-2500
Facsimile: 203-288-4702
Fed Bar No.:CT 06473 ,
I
CERTIFICATION
I hereby certify that a copy of the foregoing was sent by first class mail, postage prepaid this l4'h N
day of February, 2005 to:
Joel J. Rottner, Esq. W,
Skelley Rottner P.C. P ,,..=· l
PO Box 340890 _ .— _'__,,.»·--ip _ ·
. · ·,»*""J- ,,·¤"'d'v _,··* l l
Hartford, CT 0613*0390 dy-,J»’ /»·""` LM `A-'. l
Cheryl E. Heffernan
3 l
l