Free Motion to Dismiss - District Court of Connecticut - Connecticut

_ Case 3:03-cv—OO3_83-YVIG Document 155 Filed O4l28{2005 Page 1 of 3 _
UNITED STATES DISTRICT COURT I- i`
DISTRICT OF CONNECTICUT _
WASLEY PRODUCTS, INC., ET AL., MASTER CONSOLIDATED CASE
CIVIL NO.. 3:03 CV 383. (MRK) °
Plaintiffs, {
THIS PLEADING PERTAINS TO: -
CIVIL NO. 3:03 CV 1790 (MRK) `-
V. (Prentiss et al. v. Wasley Products, Inc. et al.) §,gj
BARRY BULAKITES, ET AL.,
Defendants. APRIL 27, 2005
MOTION FOR DISMISSAL OF CROSSCLAIMS A
` Pursuant to Fed. R. Civ. P. 41 of the Federal Rules of Civil Procedure, I
defendants/crossclaim plaintiffs Wasley Products, Inc., Alan A. Wasley, Andrew Brady, - ‘
Sandi Dumas-LaFerriere, and Barry Comiell (collectively, the "Wasley Defendants") in -4
the matter of Prentiss et al. v. Wasley Products et al., docket # 3:03 CV 1790 (MRK), A
hereby move the court to dismiss, with prejudice, all ofthe crossclaims brought by them
I I against co-defendants Barry Bulakites, James Winslow, and Joshua Adams Corp.
(collectively, the "Bulakites Defendants"). The crossclaims are set forth in the Bulakites A
Defendants’ Second Amended Answer, Affirmative Defenses and Crossclaims dated ,;1_]_
September 16, 2004.
I The reasons for this motion are as follows. On April 12, 2005, following a n I
n telephonic status conference in which the Bulakites Defendants participated, the court

Case 3:03-cv—OO38-3-WIG Document 155 Filed O4/28/2005 Page 2 of 3
ordered the Bulakites Defendants to obtain replacement counsel or, if appropriate, to file
pro se appearances on or before April 22, 2005.1 As of the date of this motion, no I
appearances have been tiled on behalf of any of the Bulakites Defendants.
Rule 4l(b) ofthe Federal Rules of Civil Procedure provides that, for failure of a
_ plaintiff to prosecute or comply with any order of court, a defendant may move for _ ·_..
dismissal of an action or of any claim against the defendant. Further, Rule 41(c) states
that these provisions apply to the dismissal of any crossclaim. The Bulakites Defendants
have repeatedly failed to comply with the court’s orders concerning appearances. The
Wasley Defendants therefore request that the court dismiss, with prejudice, all of the E-
· Bulakites Defendants crossclaims against the Wasley Defendants.
‘ DEFENDANTS and CROSSCLAIM DEFENDAN TS
WASLEY PRODUCTS, INC., ALAN A. WASLEY, i
ANDREW BRADY, SANDI DUMASLAFERRIERE, 5
AND BARRY CONN]-ELL
. By: · tg';
_ Theodore I. ci (ct05249) ir;
_ ‘ [email protected]
‘ Jean E. Tomasco (ct0963 5)
[email protected]
Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597 · -
Tel. No.: (S60) 275-8200 Q
Fax: (860) 275-8299 iii
0 1. The Wasley Defendants note that the Bulakites Defendants had tiled two previous motions for extension of time to '
retain replacement counsel. The first motion for extension of time was filed on March 11, 2005. The second motion
for extension of time was filed on April 15, 2005. The court granted both motions, but the Bulakites Defendants
failed to comply with the deadlines for appearances. y ;
2 M:

Case 3:03-cv—OO3835W|G Document 155 Filed O4/2.8A2005 Page 3 of 3
_ CERTIFICATION. .
This is to certify that a copy of the foregoing was mailed by certified mail, return
— receipt requested, on the twenty—seventh day of April 2005 to the following:
Barry Bulakites
558 Castle Pines Parkway Unit B4 #401
Castle Rock, CO 80108
(via certified mail 7003 3110 0003 70689648)
James Albert Winslow
45 Sagamore Terrace South
Westbrook, CT 06498
(via certified mail 7003 3110 0003 7068 9631) "
` And that a copy was also mailed via first—class mail, postage prepaid, tothe following: —
Deborah S. Freeman, Esq. . (
Sara R. Simeonidis, Esq. Thomas G. Moukawsher, Esq. _
Bingham McCutchen LLP Ian O. Smith, Esq.
One State Street Moukawsher & Walsh LLC
Hartford, CT 06103-3178 21 Oak Street, Suite 209
_ Haitford, CT 06106
Albert Zakarian, Esq.
Victoria Woodin Chavey, Esq. Joseph V. Meaney, Jr., Esq. ..
Eric L. Sussman, Esq. Cranmore, Fitzgerald & Meaney _
. Day, Berry & Howard LLP 49 Wethersfield Ave. Q
- CityPlace Hartford, CT 061 14-1 102
‘ Hartford, CT 06103-3499 _
. @9 is ,
Theodore J. Tuc `
3 5