Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

I I ase 3:03-cv-01009-SRU Document 75 Filed O2/15/2005 Page 1 0 I
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I UNITED STATES DISTRICT COURT
I DISTRICT OF CONNECTICUT I
I JOSEPH ATTIAS & HAIM ATTIAS ; CIVIL NO. 3:03 CV 01009 (SRU)
I Plaintiffs : .. ‘E.`%.·>° I
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PATRONS MUTUAL INSURANCE : jj;Q_;Q G, ‘; A
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I COMPANY OF CONNECTICUT . ::5 E {:3 I
I Defendant : FEBRUARY 14, 2005 I
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PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT I
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Pursuant to Federal Rules of Civil Procedure, Rule 56, the plaintiffs, Joseph and Haim Attias I
hereby move for summary judgment as there are no genuine issues as to material fact regarding the I
clefendant’s Counterclaim alleging unjust enrichment and the plaintiffs are entitled to judgment as a matter
of law. As more particularly set forth in the attached memorandum of law, the defendant is seeking money t
damages in the amount of $134,000 (plus interest and cost of investigating plaintiffs’ claim), for money I
paid to the plaintiffs insurance company pursuant to the contract for insurance between the defendant and I
the plaintiffs. It is the plai11tiffs’ contention that this claim has no basis in law as any recovery of said funds I
would be controlled by the contract between the parties, the insurance policy.
WHEREFORE, the plaintiffs now move for summary judgment on the defendanfs counter claim I
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on the basis that no genuine issue of material fact or law exist and the plaintiffs are entitled to judgment as I
a matter of law. In support of this motion the plaintiffs rely on the attachment memorandum of law and I
Local Rule 56(a) 1 Statement. I
THE PLAINTIF F, ;
BY L--·e as I
Cheryl E. Heffe
Farver & Heff nan l
2842 Old Dixwell Avenue
Hamden, Connecticut 06518
Telephone: 203-230-2500
Facsimile: 203-288-4702
Fed Bar No.:CT 06473
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I CERTIFICATION
` I hereby certify that a copy of the foregoing was sent by first class mail, postage prepaid this I4"` N
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day of February, 2005 to:
Joel J. Rottner, Esq.
Skelley Rotmer P.C. I
I PO Box 340890 I
Halma, or 00134-0000 ,
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Cheryl E. Heffernan ? § `
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