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

Case 3:01-cv-02374-CFD

Document 72

Filed 12/14/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EDWARD BROWN, ET AL v. TOWN OF STONINGTON, ET AL : : : : : NO.: 3:01CV2374 (CFD)

DECEMBER 13, 2004

REPLY TO PLAINTIFF JEFFREY MENARD'S OBJECTION TO MOTION FOR BOND

The defendants hereby respond to plaintiff Jeffrey Menard's Objection to Motion for Bond dated December 8, 2004, for the reasons more fully set forth herein. The plaintiff argues that he defendants' Motion for Bond should be denied as costs follow the event, and where a public interest litigant is involved. However, the Local Rules explicitly provide that the defendants "are entitled on request to the Clerk to an order to be entered by the Clerk, as of course, for a cash deposition or bond . . . in the sum of $500.00 as security of costs . . . ." See D. Conn. L. Civ. R. 83.3(a). Moreover, Local Rule 83.3(b) provides that the Court may modify or waive the requirements of the Rule only upon a showing of good cause. The plaintiff has demonstrated no good cause for a modification or waiver of the Rule. The fact that the plaintiff seeks to designate himself as a "public interest litigant" does not amount to a showing of good cause required for modification of the Rule. Accordingly, the plaintiff

Case 3:01-cv-02374-CFD

Document 72

Filed 12/14/2004

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has failed to establish a good cause showing as required for modification or waiver of Local Rule 83.3. For the foregoing reasons, the defendants' Motion for Bond dated June 10, 2004 should be granted. DEFENDANTS, TOWN OF STONINGTON, DAVID ERSKINE, JERRY DESMOND, RAYMOND CURIOSO, JOHN CARR AND MICHAEL PECKHAM

By____/s/_Beatrice S. Jordan____ Beatrice S. Jordan ct22001 Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114-1190 (860) 249-1361 (860) 249-7665 (Fax) Juris No.: 28228 [email protected]

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Case 3:01-cv-02374-CFD

Document 72

Filed 12/14/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail, to the following counsel of record this 13th day of December, 2004.

R. Edward Phillips, Esquire Law Office of Warren Miller One Union Plaza, 2nd floor P.O. Box 116 New London, CT 06320 Edward Brown 4 Marlene Drive Ledyard, CT 06339

______/s/_Beatrice S. Jordan____ Beatrice S. Jordan

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