Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:01-cv-02402-AWT

Document 126

Filed 07/19/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PETER D. MAINS and LORI M. MAINS Plaintiffs, v. SEA RAY BOATS, INC. Defendant. : CASE NO. 301cv2402 (AWT) : : : : : : : JULY 19, 2007

DEFENDANT'S SUPPLEMENT TO JOINT TRIAL MEMORANDUM Defendant Sea Ray Division of Brunswick Corporation (improperly designated in the Complaint as "Sea-Ray Boats, Inc.") ("Sea Ray") respectfully submits the following supplement to the parties' Joint Trial Memorandum of May 29, 2007. 8. Legal Issues. 6. Whether Counts One, Two, and Four are governed by maritime law. 7. Whether Counts One, Two, and Four are barred by substantive maritime law.1 10. List of Witnesses. Defendant's Fact Witnesses: b. David Marlow, Sea Ray, 2601 Sea Ray Blvd., Knoxville, Tennessee, 37914: In

addition to the testimony described in the Joint Trial Memorandum filed on May 29, 2007, if the Court permits the Plaintiffs to offer the testimony of Russell Rackcliffe over Sea Ray's objection, Mr. Marlow will testify as to the differences between the boats allegedly owned by Mr. Rackcliffe and the boat that is the subject of this action.

Sea Ray asserted that these three Counts were governed by, and barred by, admiralty or maritime law in its Motion to Dismiss dated February 8, 2002.

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Case 3:01-cv-02402-AWT

Document 126

Filed 07/19/2007

Page 2 of 2

11.

Exhibits. Defendant's Exhibits: To be offered only if the Court admits, over Sea Ray's objection, evidence relating to alleged problems with boats owned by Russell Rackcliffe 91: 92: 93: Schematics for 1998 330DA Sea Ray boat Schematics for 2000 310DA Sea Ray boat Schematics for 2003 320DA Sea Ray boat DEFENDANT, SEA RAY BOATS, INC.

/s/ Daniel J. Foster James H. Rotondo (ct 05173) Daniel J. Foster (ct 24975) Day Pitney LLP 242 Trumbull Street Hartford, Connecticut 06103-1212 Phone: (860) 275 -0100 Fax: (860) 275-0343 Its Attorneys CERTIFICATION I hereby certify that on this date a copy of foregoing Supplement to Joint Trial Memorandum was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System. /s/ Daniel J. Foster Daniel J. Foster (ct24975)

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