Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00253-JBA

Document 90

Filed 05/19/2004

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT WILLIAM SPECTOR, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC, Defendant. ) ) ) ) ) ) ) ) ) )

CASE NO. 3:03CV00253 (JBA)

MAY 19, 2004

DEFENDANT EQUIFAX INFORMATION SERVICES LLC'S OPPOSITION TO PLAINTIFF'S MOTION FOR PERMISSION TO SUPPLEMENT HIS REPLY IN SUPPORT OF SUMMARY JUDGMENT Defendant Equifax Information Services LLC ("Equifax") hereby files its Opposition to Plaintiff's Motion for Permission to Supplement His Reply in Support of Motion for Summary Judgment as follows: 1. Plaintiff's motion essentially seeks to add David Browne as a new witness in

this case and essentially an expert witness at that. Mr. Browne has never been identified by Plaintiff as a witness, let alone as an expert. Further, he is apparently an employee of Equifax's competitor, Experian. His testimony has no probative value on the issues raised in the pending motions for summary judgment since it is simply his opinion on Experian's policies and procedures ­ not Equifax's. 2. Further, the excerpt does not provide a complete transcript of Mr. Browne's

testimony, and Equifax has not had an opportunity to cross-examine him.

Case 3:03-cv-00253-JBA

Document 90

Filed 05/19/2004

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3.

Finally, Plaintiff cannot rely upon his citation to the Brown v. Experian verdict

in support of his motion for summary judgment. The one-sentence reference to the Brown verdict hardly begins to explain all of the facts of that case or the basis for the jury's verdict. Plaintiff should not be permitted to provide an incomplete summary of a jury verdict in a case against a different defendant in support of his motion for summary judgment. WHEREFORE, Defendant Equifax requests that Plaintiff's Motion for Permission to Supplement His Reply in Support of Summary Judgment be denied.
Respectfully submitted, EQUIFAX INFORMATION SERVICES, LLC By Eric D. Daniels (ct 01582) Jason M. Kuselias (ct 20293) ROBINSON & COLE LLP 280 Trumbull Street One Commercial Plaza Hartford, CT 06103-3697 E-mail: [email protected] E-mail: [email protected] Tel. No. (860) 275-8200 Fax No. (860) 275-8299 and, of counsel J. Anthony Love, Esq. Georgia Bar No. 459155 KILPATRICK STOCKTON LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309 E-mail: [email protected] Tel. No. (404) 815-6500

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Case 3:03-cv-00253-JBA

Document 90

Filed 05/19/2004

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing has been sent via first class mail, on the 19th day of May, 2004 to: Attorney Joanne S. Faulkner 123 Avon Street New Haven, CT 06511-2422

_____________________________ Eric D. Daniels

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