Free Order on Motion to Strike - District Court of Connecticut - Connecticut

Case 3:01-cv-02188-AWT

Document 182

Filed 02/03/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT -------------------------------------x : INFILTRATOR SYSTEMS, INC. and : STORMTECH, INC., : : Plaintiffs and Counter : Defendants, : : v. : Civ No. 3:01CV2188 (AWT) : CULTEC, INC. and ROBERT J. : DiTULLIO, : : Defendants, Counter Claimants, : and Third Party Plaintiffs, : : v. : : JAMES M. NICHOLS and FABRI-FORM : CO., INC., : : Third Party Defendants. : : -------------------------------------x ENDORSEMENT ORDER Defendants' Motion to Strike Lister Deposition and Plaintiffs' Memorandum (Doc. #155) is hereby DENIED. The court

has read the Lister deposition in its entirety1 and focused in particular on the passages identified by the defendants, at pages 3-4 of their memorandum, as improper testimony. See

Defendants' Opposition to Plaintiffs' Motion for Leave to File

The court notes that the copy of the Lister deposition attached to the Declaration of Daniel E. Bruso, Esq. (Doc. #159) is missing pages 33-38, but that a complete copy of the Lister deposition is attached to the Declaration of Stephen P. McNamara in Support of Defendants' Supplemental Post-Hearing Memorandum of Law (Doc. #157).

1

Case 3:01-cv-02188-AWT

Document 182

Filed 02/03/2005

Page 2 of 2

Supplemental Post-Hearing Memorandum or in the Alternative, Motion to Strike Lister Deposition and Plaintiffs' Memorandum (Doc. #155). The court concludes that the arguments made by the

defendants border on being frivolous and that the motion to strike should be denied for substantially the reasons set forth by the plaintiffs and the third party defendants in their opposition. See Doc. #162.

It is so ordered. Dated this 2nd day of February 2005, at Hartford, Connecticut. /s/ Alvin W. Thompson United States District Judge

2