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

L .. Case 3:00-cv-008%56CFD Document 340 Filed 03/16/2004 Page 1 of 3 {
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UNITED STATES DISTRICT COURT _
DISTRICT OF CONNECTICUT F I L. E D _
Zlillli MAR lb P l= lu
flf_E§_i`i~iit2T COURT
_ HAI-: i FURD. CT.
INDYNIAC BANK, I=.S.B. `
Plaintiff CIVIL ACTION NO.
3:00cv8zs (CFD)
v.
MOSTAFA REYAD AND WAFA REYAD
Defendants
DATE: MARCH 16, 2004
DEI=ENDANTs* RENEWAL MOTION TO DEI=ENDANTS’ MOTION TO
DISMISS PURSUA-NT TO RULE ·I2(b)(6I ,
Defendants Mostafa Reyad and Wafa Reyad respectfully move this Court to
Renew their priorly filed "Defendants’ Motion to Dismiss Pursuant to Rule
12(b)(6) dated January 14, 2004 (Doc Ilt 325), that motion is pending before the
Court. Defendants’ Renewal founded on evidence obtained among the exhibits of
the Joint Trial Memorandum, received by Defendants on March 9, 2004. It is on .
and between March 9-11, 2004, Plaintiff and Defendants exchanged the actual
exhibits. Plaintiff is claiming damages had been litigated and dismissed; Neither
the parties nor their privies are allowed to call the dismissed allegation, to have it
tried over again at any time. It is demonstrated more fully in the accompanied I
Memorandum of Law in support of this It/lotion.
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Q ‘ Case 3:00-cv-OO835?CFD Document 340 Filed O3(I‘q2004 Page 2 of 3 l
l CONCLUSION
Pursuant to Rule 12(b)(6), this Motion should be Granted pursuant to the l
principles of res judicata and estoppel lay judgment, and this Honorable Court I
should Dismiss Entire Plaintiffs Amencled Complaint as a matter of law.
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I · ” Case 3:00-cv-0O8CE5—CFD Document 340 Filed 0371 6f2004 Page 3 of 3
I The Defendant The Defendant `
I Mostafa Reyad Wafa Reyad
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By: By: · -· I
Mostafa ad Wafa Re d I
2077 Center Ave # 22D 2077 Center Ave # 22D i
Fort Lee, NJ 07024 Fort Lee, NJ 07024
Day Phone 203-325-4100 Home Phone 201-585-0562
cERrn=icA·rE or senvice I
The undersigned certifies that he mailed on the captioned date a true and correct I
copy to Attorney David Schaefer at 27‘I Whitney Avenue, New Haven, CT 06511
i #4 /

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