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

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Case 3:00-cv-00656-SRU Document 83 Filed O3/30/2004 Page 1 of 2
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l UNITED STATES DISTRICT C$q`lL_ E D r
DISTRICT OF CONNECTICU ‘
izunu Mia 30 A it 3*
MARSHALL CHAMBERS, } GUN
Plaintiff } D0ckU¥§Ea\I§é3€:E$?@§g}k%'@0G56(SRU)
V- }
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Defendant-ANTHONY J. PRINCIPI }
Secretary, U.S. Department of }
Veterans Affairs, } March 28, 2004 {
Defendant . }
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PLAINTIFFS RE UEST FOR LEAVE TO FILE MOTION Q
FOR SUMMARY UDGMENT NUN C PRO TUNC i
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Plaintiff, through counsel undersigned, hereby moves this Court to grant leave to ‘
file the attached motion for summary judgment nunc pro tunc with respect to I
Counts One and Two of the Plaintiff' s Amended Complaint dated March 27,
2004. l
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To the extent that this request for leave to file for summary judgment is filed
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outside of the deadline for filing dispositive motions, Counsel represents that he I
was unaware of, and first learned of the 1997 arbitration proceeding this past I
Thursday, March 25, 2004. Hence, it was impossible to have filed this motion i
earlier. i
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Further, to the extent that the CBA between the parties, Article 40, Section 2F,
provides that the decision of an Arbitrator in arbitration between the parties is
”final and binding", and the Arbitrator has already ruled on the issues of failure
to promote, and violation of the CBA, these issues would appear to be res
judicata, or collateral estoppel. Moreover, to the extent that the Arbitrator ruled
in Mr. Chambers' favor, he also has the right to bring an action based on the
Arbitrator’ s award.
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Case 3:00-cv-00656-SRU Document 83 Filed O3/30/2004 Page 2 of 2 i
In light of the foregoing, this Court should grant the Plaintiff' s Motion for Leave J
to File Summary Iudgment Nunc Pro Tunc. 1
Resp tfully submitted, Q
P TIFF, MARSHALL CHAMBERS
cm/mw ·`"‘r£7c· ` M
CAL M. PILGRIM, ESQ. 5
Law Offices Of Caleb M. Pilgrim, LLC i
1404 Whalley Avenue, 2**** Floor I
New Haven, CT 06515 i
Tel: (203) 387-2524 '
Federal Bar No. CT14857 I
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CERTIFICATE 7 1
I hereby certify that a copy of the foregoing was mailed to Attorney Lauren
Nash, AUSA, U.S. Department of Justice, 157 Church Street, New Haven, CT
06510 on March 28, 2004. (
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..¢:a/we 9::5/ `»»1... I
CALEB M. P GRIM, ESQ. |
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