Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv—00383-WIG Document 267 Filed 12/08/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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WASLEY PRODUCTS, INC., ET AL., ;
: MASTER CONSOLIDATED CASE CIVIL
Plaintiff, : NO. 3:03 CV 383 (MRK)
V. 2
BARRY BULAKITES, ET AL.,
Dgféndam : December 8, 2005
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LINCOLN NATIONAL LIFE INSURANCE COMPANY'S OPPOSITION TO
PLAINTIFFS' MOTION TO APPOKNT SECOND SPECIAL MASTER
Defendant Lincoln National Life Insurance Company ("Lincoln National"), by and
through its undersigned counsel, hereby submits this Opposition to Plan Participants' Motion to
Appoint Special Master ("Motion for Special Master”).
t This Court has already appointed one Special Master to investigate the financial
transactions at issue. After inany months of work, the Special Master issued a report. This
report did not show any money flowing to Lincoln National. Based on that fact, Lincoln
National should be dismissed from this case. Lincoln National should certainly not be required
to "chip in" for the cost of a second special master to determine how much each Plan Participant
lost when it has already been established that none ofthe money went to Lincoln National.]
I In the Motion for Special Master, the Plan Participants ask the Court to Order the Defendants to pay for the entire
cost of retaining the second Special Master. gg Motion for Special Master at p.7 ("Here the defendants should hear
the full cost of the special rnaster's work"). However, the Plan Participants then ask that the cost be allocated in the
same percentages as were the costs of the tirst Special Masters work. [dg at 7-8 ("Accordingly, inthe absence of
any other proposal, the plan participants ask the Court to order the defendants to share the special n1aster's expenses
the same way they shared the last special masters expenses?). What the Plan Participants fail to acknowledge is
that the courts June 24, 2003 Order of Reference ordered that the Plaintiffs pay for fifty percent (50%) of the cost of

Case 3:03-cv—00383-WIG Document 267 Filed 12/08/2005 Page 2 of 3
Simply stated, if the Plan Participants feel the need for the services of a damages expert, they
shonld retain one.
Since the Special Master has found none ofthe Pian Participants money flowing to
Lincoln National, the Plan Participants have no justifiable basis for demanding Lincoln National
pay for a second special master to determine how niach the Plan Participants should demand
from other Defendants.
CONCLUSION
Por the reasons stated herein, the Court should deny the Plan Participants Motion to
Appoint Special Master.
Dgtgd; Hgytjfgyjj CT LEBOEUP, LAMB, GREENE 8; Mz-xcRAE LLP
Decernber S, 2005
By: /s/ Doug Duhitsky
Thomas G. Rohback (Fed Bar No. CT0l 096)
James J. Reardon, Ir. (Fed Bar No. CTl 3802)
Dong Dubitsky (Fed Bar No. CT2 l 558)
LEBOEUF, LAMB, GREENE & MACRAE LLP
225 Asylum Sireet
Hartford, CT 06103
(S60) 293-3500
(860) 293~37'30 (fax)
Counsel for Defendant
Lincoln National Life Insurance Company
the first Special Maszer, and ihat tiie Defendants combined pay for the remaining tifty percent (50%). If the Plan
Participants now want the Defendants to cover the entire cost of a second Special Master, they are asking the Court
to impose a burden on the Defendants which is twice that imposed to reiain the first Special Master.
-2-

Case 3:03-cv—00383-WIG Document 267 Filed 12/08/2005 Page 3 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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WASLEY PRODUCTS, INC., ET AL., :
: MASTER CONSOLIDATED CASE CIVIL NO.
Plaintiff, : 3:03 CV 383 (MRK)
v.
BARRY BULAKITES, ET AL.,
Defendant.
............................... it
CERTIFICATE OF SERVICE
I hereby certify that on December 8, 2005, a copy of the foregoing Opposition to
Plaintiffs Motion to Appoint Second Special Master was filed electronically and served by mail
on anyone unable to accept electronic filing. Notice of this filing wilt be sent by e—mail to all
parties by operation ofthe Court's eiectronic iiiing system or by mail to anyone unable to accept
electronic tiling as indicated on the Notice of Electronic Filing. Parties may access this filing
through the Court's CM/ECF System.
Dated: December 8, 2005 By: /s/ Doug Dubitsky
Doug Dubitsky (Fed Bar No. CT2 l 558)
LEBOEUF, LAMB, GREENE & MACRAE LLP
225 Asylum Street
Hartford, CT 06l 03
(860) 293-3500
(860) 293-3730 (fax)
[email protected]
Counsel for Defendant
Lincoln National Life Insurance Company