Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:02-cv-01302-JCH

Document 479

Filed 09/12/2005

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

: : : : PAUL ARPIN VAN LINES, INC. : AND ARPIN LOGISTICS, INC., : THE FESTO CORPORATION, MICHAEL : D. KOVAC, D/B/A TRANS-EXPO : INTERNATIONAL AND ERICA : RAMIREZ,IN HER CAPACITY AS : EMPLOYEE OFTRANS-EXPO : INTERNATIONAL, : Defendants. :

SHAWN POULIOT, Plaintiff, v.

C.A. No. 3:02 CV1302 (DJS)

September 9, 2005

FESTO CORPORATION'S MOTION TO DISMISS THIRD-PARTY CLAIMS ASSERTED BY PAUL ARPIN VAN LINES, INC. AND ARPIN LOGISTICS,INC.

Pursuant to Fed.R.Civ.P. 41(c), Third-Party Defendant The Festo Corporation ("Festo") respectfully moves for an Order dismissing any remaining claims made against them by Defendants/Third-Party Plaintiffs Paul Arpin Van Lines, Inc. and Arpin Logistics, Inc. (collectively, "Arpin"). The third-party claims made by Arpin against Festo included claims sounding in (1) apportionment, (2) equitable indemnification, (3) common law indemnification and (4) contribution. Arpin's claims for apportionment were dismissed by Order of this Court dated January 14, 2004. Arpin's claims for equitable indemnification were also dismissed by this Court's Order of January 14, 2004. Arpin's claims for common law indemnification were dismissed by the Court's May 2, 2005 ruling on Festo's Motion for Summary Judgment.

Case 3:02-cv-01302-JCH

Document 479

Filed 09/12/2005

Page 2 of 4

Arpin's only remaining third-party claim against Festo, sounding in common law contribution, was extinguished by virtue of Plaintiff's settlement with Festo and should be dismissed. Plaintiff has settled all of his direct claims against Festo and, on July 12, 2005, this Court granted Plaintiff's Motion to Dismiss all of his claims against Festo. The Order dismissing Plaintiff's claims against Festo was reiterated in a second Order dated August 16, 2005. Connecticut General Statutes Section 52-572h(n) provides that "[a] release, settlement or similar agreement entered into by a claimant and a person discharges that person from all liability for contribution." See also Stefano v. Smith, 705 F. Supp. 733 (D. Conn. 1989). Indeed, Arpin appears to have acknowledged that there are no remaining viable third-party claims against Festo in the Final Pretrial Memorandum signed by Arpin's counsel and filed with this Court dated August 1, 2005 (Sec. 6, pgs. 3-14). Arpin has put this Court and Plaintiff on notice of the intention to introduce evidence in order to retain its right to have the fault of the settled co-defendants apportioned by the jury, pursuant to Conn. Gen. Stat. § 52-572h(n). See Arpin's Submission Regarding Dismissal of Co-Defendants, dated July 20, 2005. However, Arpin's right to possible apportionment of its own liability does not affect the clear and unambiguous extinguishment of its third-party claim for contribution against Festo under Conn. Gen. Stat. § 52-572h(n).

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Case 3:02-cv-01302-JCH

Document 479

Filed 09/12/2005

Page 3 of 4

For the reasons stated above, Festo respectfully requests that any and all remaining thirdparty claims made against it by Arpin be dismissed. Defendant, THE FESTO CORPORATION, By Its Attorneys,

_______________________________ JOHN A. TARANTINO, #15980 JAMES R. OSWALD, #20936 ADLER POLLOCK & SHEEHAN P.C. 2300 Citizens Plaza, 8th Floor Providence, RI 02903-2443 Tel: (401) 274-7200 Fax: (401) 751-0604/351-4607 Dated: September 9, 2005

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Case 3:02-cv-01302-JCH

Document 479

Filed 09/12/2005

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CERTIFICATION

TO:

Michael A. Stratton, Esq. Stratton Faxon 59 Elm Street New Haven, CT 06510 Roland F. Moots, Jr., Esq. Moots, Pellegrini, Mannion, Martindale & Dratch 46 Main Street New Milford, CT 06776

Thomas J. Grady, Esq. Lenihan, Grady & Steele 6 Canal Street P.O. Box 541 Westerly, RI 02891 Susan O'Donnell, Esq. Halloran & Sage One Goodwin Square 225 Asylum Street Hartford, CT 06103 Daniel J. Krisch, Esquire Michael S. Taylor, Esquire Horton, Shields & Knox PC 90 Gillett Street Hartford, CT 06105

Harold J. Friedman, Esq. Karen Frink Wolf, Esq. Friedman Gaythwaite Wolf & Leavitt Six City Center P.O. Box 4726 Portland, ME 04112

I hereby certify that I caused a true copy of the within, to be mailed, via regular First Class mail, to the above-named counsel of record on this 9th day of September, 2005.

F ESTO M OTION TO D ISMISS C LAIMS.DOC

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