Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-01302-JCH

Document 484

Filed 09/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SHAWN POULIOT, Plaintiff v.

PAUL ARPIN VAN LINES, INC. et al. Defendants

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CIVIL ACTION NO. 3:02 CV 1302 (JCH) JUDGE JANET C. HALL

September 13, 2005

DEFENDANTS' REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION IN LIMINE REGARDING WITHDRAWN FRAUD DEFENSE Plaintiff cites language from State v. Woodson, 227 Conn. 1, 629 A.2d 386 (1993) as the only support for his opposition to Defendants' motion to preclude evidence of the withdrawn fraud defense. See Plaintiff's Memorandum in Opposition to Motion in Limine re: Withdrawn Defense of Fraud ("Plaintiff's Opposition"), at p. 1. In Woodson, a criminal arson case, the court held that the defendant's threats, made to a business associate, to burn down his other properties, were admissible as admissions, defined by the court as an "avowal or acknowledgement...of a fact or of circumstances from which guilt may be inferred." Woodson, 227 Conn. at 15, 629 A.2d at 394 (emphasis in original). Woodson cannot assist the Court in deciding Defendants' motion in limine on the withdrawn fraud defense because the fraud defense was not an admission but, rather, a defense. For this reason, and for the other reasons set forth in Arpin's motion in limine, Arpin respectfully requests that this Court grant its motion and rule that any evidence of, testimony concerning, or reference to the withdrawn fraud defense shall be precluded at trial.

Case 3:02-cv-01302-JCH

Document 484

Filed 09/14/2005

Page 2 of 3

Dated September 13, 2005. Respectfully submitted,

/s/ Karen Frink Wolf Harold J. Friedman, Esq. CT 23785 Karen Frink Wolf, Esq. CT 26494 FRIEDMAN GAYTHWAITE WOLF & LEAVITT Six City Center, P.O. Box 4726 Portland, ME 04112-4726 (207) 761-0900 (207) 761-0186 (Fax) [email protected] [email protected]

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Case 3:02-cv-01302-JCH

Document 484

Filed 09/14/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was mailed via overnight mail this 13th day of September, 2005 to the following:

Michael A. Stratton, Esq. Stratton Faxon 59 Elm Street New Haven, CT 06510 Thomas J. Grady, Esq. Lenihan Grady & Steele 6 Canal Street PO Box 541 Westerly, RI 02891-0541 Daniel J. Krisch, Esq. Horton, Shields & Knox, P.C. 90 Gillett Street Hartford, CT 06105

Roland F. Moots, Jr., Esq. Moots, Pellegrini, Spillane & Mannion 46 Main Street, PO BOX 1319 New Milford, CT 06776-1319

/s/ Karen Frink Wolf Karen Frink Wolf, Esq. # 26494

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