Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:01-cv-01979-WWE

Document 45

Filed 05/19/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT KARL HOGFELDT Plaintiff vs. OLD SAYBROOK POLICE DEPARTMENT SERGEANT DONALD HULL; PATROLMAN DAVID PERROTTI; PATROLMAN CHRIS DEMARCO; PATROLMAN JAY RANKIN; EACH INDIVIDUALLY AND AS POLICE OFFICERS AND MEMBERS OF THE OLD SAYBROOK POLICE DEPARTMENT; AND THE TOWN OF OLD SAYBROOK OF OLD SAYBROOK : : : : : : : : : : : : : CIVIL ACTION NO. 3:01 CV 1979 (WWE)

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MAY 18, 2004

PLAINTIFF'S MOTION FOR LEAVE TO SUBMIT UNSIGNED AFFIDAVIT IN SUPPORT OF RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT The Plaintiff in the above-referenced matter hereby submits his brief in opposition to the Defendants' Motion for Summary Judgment which includes the unsigned affidavit of a Mr. Stephen White. The Plaintiff requests leave to submit said affidavit with further leave of the court to submit a signed affidavit at a future date. In support of his Motion the Plaintiff hereby represents: 1. Mr. Stephen White is a material witness to the Plaintiff's claim;

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Case 3:01-cv-01979-WWE

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Filed 05/19/2004

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2.

The Plaintiff has hired a private investigator who has recently determined that Mr. White has moved to Florida and has recently discovered his present address; counsel is presently in the process of attempting to contact him;

3.

Mr. White has testified in the same manner as set forth in his affidavit under oath in a State of Connecticut motor vehicle hearing conducted in Old Saybrook, Connecticut before Attorney James Quinn on November 17, 1999;

4. 5.

A copy of the transcript of this hearing has been requested; The Plaintiff is in particular need of this testimony as the only other material witness, Ms. Tammi Seamons, died before her statement could be obtained.

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Case 3:01-cv-01979-WWE

Document 45

Filed 05/19/2004

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ACCORDINGLY, for the above stated reasons, leave to submit said unsigned affidavit and permission to submit a signed affidavit immediately after contacting Mr. White is hereby requested. PLAINTIFF,

By_____________________ A. Paul Spinella, Esq. Spinella & Associates One Lewis Street Hartford, CT 06103 860 728-4900 Fed. Bar No.: ct00078 CERTIFICATION This is to certify that a copy of the foregoing has been sent, postage prepaid, via U.S. mail to the following counsel of record on this date. Bruce E. Newman, Esq. Newman, Creed & Associates 99 North Street, Route 6 PO Box 575 Bristol, CT 06011 Thomas R. Gerarde, Esq. John J. Radshaw, III, Esq. Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114

________________________________ A. Paul Spinella

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