Free Response - District Court of Connecticut - Connecticut

Case 3:01-cv-02374-CFD

Document 57

Filed 12/10/2003

Page 1 of 3

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

DECEMBER 9, 2003

OBJECTION TO PLAINTIFF'S MOTION TO QUASH THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

The defendants, Town of Stonington, David Erskine, Jerry Desmond, Raymond Curioso, John Carr and Michael Peckham, hereby object to the plaintiff's Motion to Quash the Defendants' Motion for Summary Judgment dated December 1, 2003, for the reasons set forth below: 1. While counsel for the plaintiffs argues that the defendants' Motions for

Summary Judgment are premature as discovery is not yet complete, the defendants are not required to await the close of discovery prior to filing a motion for summary judgment. 2. On September 5, 2003, plaintiff's counsel filed a Motion to Withdraw

Appearance, also in which the parties requested an enlargement of time of ninety days within which to complete discovery and file dispositive motions. Pursuant to said motion the deadline for filing a motion for summary judgment was December 1, 2003.

ORAL ARGUMENT IS NOT REQUESTED

Case 3:01-cv-02374-CFD

Document 57

Filed 12/10/2003

Page 2 of 3

3. deadline.

The defendants have timely filed their motions in accordance with said

Accordingly, the defendants respectfully request that the plaintiff's Motion to Quash the Defendants' Motions for Summary Judgment be denied. DEFENDANTS, TOWN OF STONINGTON, DAVID ERSKINE, JERRY DESMOND, RAYMOND CURIOSO, JOHN CARR AND MICHAEL PECKHAM

By____/s/_Beatrice S. Jordan____ Beatrice S. Jordan Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114-1190 (860) 249-1361 (860) 249-7665 (Fax) ct22001 Email: [email protected]

2

Case 3:01-cv-02374-CFD

Document 57

Filed 12/10/2003

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 9th day of December, 2003.

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

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

3