Free Motion to Withdraw - District Court of Connecticut - Connecticut

Case 3:03-cv-0038%% IG Document 243 Filed 10/20[2005 Page 1 of 3 l
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UNITED STATES DISTRICT COURT U “~ -· {M- ,
DISTRICT OF CONNECTICUT
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WASLEY PRODUCTS, INC., ET AL., MASTER CONSOLIDATED CASE _
CIVIL NO. 3:03 CV 383 (MRK) U.S. Iii I . .‘~. tw ¤-·-
Plaintiffs, lf;-f `_ ,<‘' p l ·" A L'; F-ji" I l
THIS PERTAINS TO: I I ° ' l
3:03 CV 1790 (MRK) p
v. (Prentiss, etal v. Wasley Products, Inc., et al) l
BULAKITES, ET AL.,
Defendants. OCTOBER 18, 2005
NATIONWIDE LIFE INSURANCE COMPANY OF AMERICA f/k/a PROVIDENT
_ MUTUAL LIFE INSURANCE COMPANY’S MOTION TO WITHDRAW OPPOSITION
TO PLAINTIFFS’ MOTION FOR PERMISSION TO JOIN ADDITIONAL PARTIES i
AND TO AMEND COMPLAINT
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The Defendant Nationwide Life Insurance Company of America f/k/a Provident Mutual
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Life Insurance Company ("Nationwide") hereby respectfully withdraws its Opposition to
Plaintiffs’ Motion for Permission to Join Addition Parties and to Amend Complaint dated
October 7, 2005 (the “Motion to Withdraw"). In furtherance of the Motion to Withdraw,
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Nationwide states the following: l
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1. On September 23, 2005, the Plaintiffs Wasley Products, Inc. and Precision
Molding Co., (the "Plaintiffs"), filed a Motion for Permission to Join Additional Parties and to ;
Amend Complaint (the "P1aintiffs’ First Motion to Amend”). In the P1aintiffs’ First Motion to :
Amend, the Plaintiffs indicated that the First Motion to Amend and the corresponding Amended
Complaint pertained to Civil Action No. 3:03 CV 1790 (MRK) Prentiss, et al v. Wasley
Products, Inc., et al, (the “Wasley II Litigation”).
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2. Thereafter, on September 29, 2005, the Plaintiffs filed a Motion for Permission to
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Join Additional Parties and to Amend Complaint (the "Plaintiffs’ Second Motion to Amend). In i
the Plaintiffs’ Second Motion to Amend, the Plaintiffs indicated that the Second Motion to
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_ Case 3:03-cv-0038% IG Document 243 Filed 10/2{0/2005 Page 2 of 3 ‘
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Amend and the corresponding Second Amended Complaint pertained to Civil Action No. 3:03 l
CV 383 (MRK) Wasley Products, Inc., et al v. Bula/cites, et ul, (the "Wasley I Litigation").
3. On October 17, 2005, Nationwide’s undersigned counsel spoke with Joseph
Meaney, counsel for the Plaintiffs, (the "Conference”). During the Conference, Mr. Meaney
informed Nationwide’s counsel that the inclusion of the case caption for the Wasley II Litigation
on the First Motion to Amend was in error. According to Mr. Meaney, the Plaintiffs do not seek j
to amend to join as party plaintiffs in the Wasley II Litigation.
4, During the Conference, Mr. Meaney further informed Nationwide’s counsel that E
the Second Motion to Amend was filed to "amend" and replace the First Motion to Amend. Mr.
Meaney explained to Nationwide’s counsel that the Plaintiffs seek only to join as party plaintiffs N
in the Wasley I Litigation and seek only to amend their claims as set forth in the Second Motion
to Amend and with its corresponding Second Amended Complaint. l
5. Based on Mr. Meaney’s representations during the Conference, Nationwide’s {
Opposition to Plaintiffs” Motion for Permission to Join Addition Parties and to Amend l
Complaint appears moot}
For all of the reasons set forth above, Nationwide seeks to withdraw its Opposition to the
Plaintiffs’ First Motion to Amend. ~

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' Nationwide respectfully requests that this Court enter an order directing the Plaintiffs to withdraw the First
Motion to Amend consistent with their representations that the First Motion to Amend was superseded by the
Second Motion to Amend. Undersigned counsel represents that there has been much confusion regarding these dual
motions to amend and the Plaintiffs’ intent in tiling and maintaining both motions.
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Should the Plaintiffs fail to withdraw the First Motion to Amend and/or persist in their efforts to join in the
Wasley II Litigation, Nationwide reserves all of its rights with respect to its Opposition to the Plaintiffs First Motion
to Amend, including the right to renew its Opposition.
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_ Case 3:03-cv-0038wIG Document 243 Filed 10/25)/%OO5 Page 3 of 3
L DEFENDANT,
NATIONWIDE LIFE INSURANCE
COMPANY OF AMERICA
By: ZUQLEE
De orah S. Freeman [ct05257]
Sara R. Simeonidis [ct25566]
BINGHAM MCCUTCHEN LLP
One State Street
Hartford, CT 06l03
(S60) 240-2700
(860) 240-2800 (fax)
Its Attorneys
CTDOCS!1642333.1