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

Case 3:01-cv-01986-AVC

Document 25

Filed 06/22/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JAMIE DROMERHAUSER PLAINTIFF VS. EVERILDO REYES DEFENDANT JUNE 21, 2004 CIVIL ACTION 3:01 CV0 1986 (AVC)

REPLY RE: OBJECTION TO MOTION TO VACATE "A motion under Rule 60(b) . . . is addressed to the sound discretion of the court that entered the judgment, and a determination of such a motion will not be disturbed upon appeal unless there has been a clear abuse of the judicial power." Parker v. Broadcast Music, Inc., 289 F.2d 313 (2d Cir. 1961); "In simple English, the language of the 'other reason' clause, for all reasons except the five particularly specified, vests power in courts adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice."; Matter of Emergency Beacon Corp., 666 F.2d 754, 760 (2d Cir. 1981) (court's discretion "is especially broad under subdivision (6), because relief under it is to be granted when appropriate to accomplish justice"). In the present case, the defendant claims that there has been prejudice from the delay. However, according to the docket sheets of the Superior Court, attached hereto, there are two pending cases against the defendant Reyes, related to the same automobile accident. These are the same cases which were pending at the time of the dismissal of this lawsuit. In fact, in one case, an Answer to Amended Complaint was filed on March

Case 3:01-cv-01986-AVC

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11, 2004. Therefore, on its face, the defendant Reyes can hardly claim that the delay in this suit was prejudicial. The plaintiff in this case would be without a remedy, for personal injuries suffered in an auto accident, if this Motion is not granted. Justice is best served if the Motion is granted.

THE PLAINTIFF Dated:_______ BY___________________ Robert M. Singer, Esq. 2572 Whitney Ave. Hamden, CT 06518 203-248-8278 Fed. Bar #08696

Case 3:01-cv-01986-AVC

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Filed 06/22/2004

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CERTIFICATION OF SERVICE The undersigned hereby certifies that on the 21st day of June, 2004, I hand delivered or sent by first class mail a copy of the foregoing to: Andrew S. Turet, Esq. Law Offices of Robert Brennan 265 Church St., #802 New Haven, CT 06510 THE PLAINTIFF Dated:__________ BY___________________ Robert M. Singer, Esq. 2572 Whitney Ave. Hamden, CT 06518 203-248-8278 Fed. Bar #08696