Free Response - District Court of Connecticut - Connecticut

Case 3:01-cv-02267-JBA

Document 48

Filed 03/28/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

T. BARRY STEPHENS Plaintiff v. TES Franchising, L.L.C., a CT LLC. The Entrepreneurs' Source, Inc., a Delaware Corp. Terry Powell, a resident of Southbury, CT Defendants

: : :

CIVIL ACTION NO. 3:01 CV 2267 (JBA)

:

March 27, 2006

PLAINTIFF'S REPLY TO DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SANCTIONS For sanctions to be appropriate under Rule 11 of the Federal Rules of Civil Procedure, the Second Circuit requires that it be applied "only where, after reasonable inquiry, a competent attorney could not form a reasonable belief that the pleading is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law." Mercado v. US Customs Service 873 F.2d 641, 646 (2nd cir. 1989). It has characterized a situation where sanctions were merited as one in which it is "patently clear that a claim has absolutely no chance of success under the existing precedents..." Eastway Construction

Case 3:01-cv-02267-JBA

Document 48

Filed 03/28/2006

Page 2 of 3

Corp. v. City of New York 762 F.2d 243, 254 (2nd cir. 1985). To counter Defendant's argument that Plaintiff's claims do not meet even this low threshold, Plaintiff merely reasserts and stands by the arguments contained in its initial and reply briefs. Plaintiff would further call attention to opposing counsel's vigorous address of the merits of Plaintiff's claims, suggesting that they are, at the very least, disputable and worth retort, and thus beyond the scope of Rule 11 Sanction. PLAINTIFF By

John Q. Gale Federal Bar No. ct05206 Gale & Kowalyshyn, LLC 363 Main Street, 4th Floor Hartford, CT 06106 Tele (860) 522-8296 Fax (860) 522-8298 ___________________________ Mark J. Klein Federal Bar No. ct23210 1102 Grand Boulevard, Ste. 1102 Kansas City, MO 64106 Tele (816) 474-6137 Fax (816) 474-0207

2

Case 3:01-cv-02267-JBA

Document 48

Filed 03/28/2006

Page 3 of 3

CERTIFICATION

I certify that a copy of the foregoing was mailed pre-paid postage on this 27th day of March, 2006, to: Atty. Alec G. Sohmer Law Office of Alec Sohmer 71 Legion Parkway, Suite 23 Brockton, MA 02301

Atty. Scott C. Kern 205 Church Street, Suite 321 New Haven, CT 06510

John Q. Gale Federal Bar No. ct05206 Gale & Kowalyshyn, LLC 363 Main Street, 4th Floor Hartford, CT 06106 Tele (860) 522-8296 Fax (860) 522-8298

3