Free Motion to Withdraw - District Court of Connecticut - Connecticut

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i Case 3: 3-cv-00381-MRK Document 25 Filed 12/1 1[2003 Page 1 of 2
l UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT;-$'1“! D j
j TODD TQYNCH, : CIVIL ACTION I{lO`.i·l3lGiBCZ,K;,”038 1(MRK) j
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` V. I
KATH I' MCNAMARA, I
TIMOTHY BARRY, and :
FRA . GRIFFIN, in their individual :
Capacites :
Dfdendants :p DECEMBER 10, 2003 l
A REQUEST TO WITHDRAW SECOND MOTION
I TO DISMISS WITHOUT PREJUDICE _
illls suggested during the status conference in November 2003, the state employee
defend its, Kathy McNamara, Timothy Barry and Frank Griffin, in their individual capacities, j
hereby A-equest the Court for permission to withdraw their second motion to dismiss without
prejudice, so that lthey may file a motion for summary judgment in its stead. Given the discovery I
posture bf this matter, the defendants respectfully submit that as a matter of judicial economy,
resoluti of the issues pending in this matter will be facilitated by the tiling of a motion for 1
summ judgment, rather than relying upon the pending second motion to dismiss.
I1`he state employee defendants also note that because they are withdrawing their second
motion dismiss, the supplemental briefing on the motion requested by the Court will not be
necess =y at this time.
l

{ , Case 3: 3—cv-OO38*FMRK Document 25 Filed 12/1 21/2)OO3 Page 2 of 2
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1
l DEFENDANTS Kathy McNamara,
: Timothy Barry and Frank Griffin in their
l individual capacities
; RICHARD BLUMENTHAL
* { ATTORNEY GENERAL
l BY: QQW 9 MLM l
Clare E. Kindall 1
1 Q Assistant Attorney neral
l § Federal Bar No. ct13688 1
1 55 Elm Street `
- P.O. Box 120
l Hartford, CT 06141-0120
T - Tel: (860) 808-5020
l A Fax: (860) 808—5347 g
_ [email protected]
CERTIFICATION
ll hereby certify that a true and accurate copy ofthe foregoing was served by both I
facsimile and by tirst-class mail, postage prepaid, in accordance with Rule 5(b) of the Federal
Rules ol Civil Procedure on this 10th day of December, 2003 to:
iԤebastiamO. DeSantis, Esq. 1
‘labilia & DeSantis, LLC
.47 Shavsd Street
LEO. Drawer 191 Q
_ ew London, CT 06320
' I
Gilbert Sliasha, Esq.
fl'·7 Granite Street
4*.0. Box 11 736 l
Jew London, CT 06320 1
6*1
Q GAA. · I
Clare E. Kindall E
Assistant Attorney eneral
2 1
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