Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-00597-IVIRK Document 1 16-5 Filed 12/27/2004 Page 1 of 2
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2 UNITED STATES DISTRICT COURT
- M 3 DISTRICT OF CONNECTICUT
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5 BILL L. GOUVEIA as administrator
Of THE ESTATE OF JOSE GUERRA,
6
Plaintiff, CIVIL ACTION NO.
7 V. 303 CV 597 MRK
8 SIG SIMONAZZI NORTH AMERICA,
INC., as successor in interest
9 by merger to SASIB NORTH
AMERICA, INC., as successor in
10 interest by merger to SASIB
BAKERY NORTH AMERICA, INC.,
I1 Defendants.
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SIG SIMONAZZI NORTH AMERICA, INC.,
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Third—Party Plaintiff,
14 V.
15 SASIB FOOD MACHINERY MV, S.P.A.,
SASIB BAKERY ITALIA, S.P.A.,
16 DRY PRODUCTS, S.P.A., and
COMPAGNIE INDUSTRIALI RIUNITE,
17 S.P.A.,
18 Third—Party Defendants.
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20 STATEMENT ON THE RECORD
21 New York, New York
22 Friday, December 3, 2004
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24 Reported by:
Bryan Nilsen
25 JOB NO. l6729l·—STMT
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Case 3:03-cv-00597-IVIRK Document 116-5 Filed 12/27/2004 Page 2 of 2
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2 counsel to question the witness with respect
3 to that incorrect information which we
4 believe is due to a confusion in what draft
5 of the affidavit was signed.
6 In any case, as a consequence of the
7 problem, what we intend to do, and do hereby
8 do, is to withdraw our motion for summary
9 judgment because it relies on the
· 10 declaration without prejudice to
11 resubmission of our summary judgment motion
12 at a later point in this litigation.p
13 Now, in respect of the summary
14 judgment motion, the third—party plaintiff
15 has made a motion under rule 56F of the
16 federal rules of civil procedure seeking
17 relief, in essence, seeking to have the ·
18 summary judgment motion heard at a later
19 time in this litigation.
20 In any case, it would appear to the
21 third—party defendants that in light of the
22 withdrawal of the summary judgment motion
23 without prejudice to resubmission, that the
24 relief sought in the third—party plaintiff's
25 motion pursuant to 56F is moot, or the
Esquire Deposition Services
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