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

ase 3:03-cv—00974-CFD Document 25 Filed 11/24/2003 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
AMERICAN BOARD OF : CIVIL ACTION NO.
ANESTHESIOLOGY, INC. : 3:03 CV 974(CFD)
Plaintiff, g
JOHN STEPHEN NAULTY, M.D.
Defendant. NOVEMBER 24, 2003
PLAINTIFF'S OPPOSITION TO P
DEFENDAN'I"S MOTION FOR A SETTLEMENT CONFERENCE ·
Pursuant to Local Rule 7(a) and l6(c), plaintiff, the American Board of
Anesthesiology, Inc. (the "ABA" or the "Board"), hereby submits its opposition to
Defendant's Motion For A Settlement Conference. In support of this Opposition, the ABA -
represents as follows:
1. The ABA is the source of professional certification for physicians practicing in
the field of anesthesiology, including for subspecialty certification in the subspecialty of pain
medicine. In conjunction with its certification processes, the ABA uses its certification mark
THE AMERICAN BOARD OF ANESTHESIOLOGY®. By Verified Complaint dated June
2, 2003, the ABA brought this action against plaintiff, John Stephen Naulty, M.D. ("Dr.
Naulty"), based on Dr. Naulty's unlawful acts of unfair competition, false advertising and
false designation of origin of the ABA's registered certification mark in the course of his
efforts to deceive and mislead others into believing that he has been certified by the ABA in
the subspecialty of pain medicine. I

ase 3:03-cv—00974-CFD Document 25 Filed 11/24/2003 Page 2 of 3
2. The parties have engaged in negotiations since the action was commenced in
an effort to resolve the matter without resort to adjudication by the Court. In the course of
these negotiations, the ABA communicated to Dr. Naulty certain fundamental terms to which e
the parties must agree in order for settlement to occur. To date, Dr. Naulty has rejected such 5
terms. I
I 3. The ABA has in good faith attempted to resolve this matter through settlement
since June 2003. Because no likelihood of settlement exists due to Dr. Naulty's rejection of I
the ABA's fundamental terms for settlement, however, the ABA believes that a settlement ,
conference would not likely be productive at this juncture, and therefore would not be a ‘
useful expenditure of the Court's resources.
WHEREFORE, the ABA requests that the Court decline to schedule a settlement
conference at this time.
PLAINTIFF,
AMERICAN BOARD OF ANESTHESIOLOGY,
INC.
harles L. Howard
Fed. Bar No. ct05366
Karen T. Staib
Fed. Bar No. ct21119
Shipman & Goodwin LLP
One American Row
Hartford, CT 06103
Telephone: (860) 251-5000
Facsimile: (860) 251-5699
E-mail: [email protected]
E-mail: [email protected] -
Its Attorneys

ase 3:03-cv—00974-CFD Document 25 Filed 11/24/2003 Page 3 of 3
CERTIFICATION OF SERVICE
This is to certify that on this 24th day of November 2003, a copy of the foregoing L
Defendant's Opposition to Plaintiff's Motion For A Settlement Conference was served via
U.S. mail, postage prepaid, to: i
Carolyn W. Kone
Kenneth Rosenthal
Brenner, Saltzman & Wallman
271 Whitney Avenue
New Haven, CT 06511
aren T. Staib
358637 v.01 S1