Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:01-cv-01913-DJS

Document 107

Filed 11/07/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HOWARD JOHN GOMBERT Plaintiff, v. LARRY LYNCH and WILLIAM KAMINSKI Defendants. : : : : : : :

Civil Action No. 3:01 CV 1913 (DJS) November 7, 2006

PLAINTIFF'S MOTION PURSUANT TO RULE 56(f) IN RESPONSE TO DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT

Pursuant to Fed. R. Civ. P. 56(f), the Plaintiff, Howard John Gombert ("Gombert"), respectfully moves the Court to deny the Renewed Motion for Summary Judgment filed by Defendants Larry Lynch and William Kaminski (collectively, "Defendants"), dated October 24, 2006, or, in the alternative, order a continuance of sixty (60) days from the Court's ruling on this Motion to permit Gombert to conduct discovery. Gombert represents that the requested extension is necessary to afford him sufficient time to conduct discovery related to the factual issues raised by Defendants' summary judgment motion, particularly with respect to Defendants' newly asserted "safekeeping" or "community caretaking" exception to the Fourth Amendment's warrant requirement, and to respond to them.

NO ORAL ARGUMENT REQUESTED / NO TESTIMONY REQUIRED
CTDOCS/1675024.1

Case 3:01-cv-01913-DJS

Document 107

Filed 11/07/2006

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In support hereof, Gombert submits his Memorandum of Law and the Affidavit of Kate K. Simon filed herewith. This is Gombert's first motion under Rule 56(f). For the foregoing reasons, as more fully set forth in Plaintiff's Memorandum of Law and the Affidavit of Kate K. Simon, filed herewith, Gombert respectfully requests that the Court enter an order denying Defendants' Renewed Motion for Summary Judgment or, alternatively, granting him a continuance to conduct discovery necessary to respond to Defendants' Renewed Motion for Summary Judgment.

THE PLAINTIFF, HOWARD JOHN GOMBERT By: /s/ Kate K. Simon Ben M. Krowicki [ct06153] Kate K. Simon [ct23489] Brian R. Hole [ct26608] BINGHAM McCUTCHEN LLP One State Street Hartford, CT 06103 Telephone: (860) 240-2700 Facsimile: (860) 240-2800 [email protected] [email protected] [email protected] His attorneys

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Case 3:01-cv-01913-DJS

Document 107

Filed 11/07/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing was sent via the Court's electronic notification system or by first class U.S. mail, postage prepaid, on the 7th day of November, 2006, upon the following counsel of record: James N. Tallberg, Esq. Karsten & Dorman, LLC 29 South Main Street West Hartford, CT 06107

/s/ Kate K. Simon Kate K. Simon

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