Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-00665-MRK

Document 39

Filed 09/19/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

---------------------------------------------------------------X TERRENCE HENDERSON : Plaintiff, : : vs. : : : THE TOWN OF GREENWICH : POLICE DEPARTMENT : Defendant : ---------------------------------------------------------------X

CIVIL ACTION NO: 303CV665 (DJS)

September 9, 2005

MOTION TO DISMISS The defendant Town of Greenwich Police Department hereby renews its motion to dismiss the above-entitled action. This action was filed on April 16, 2003. On or about May 2, 2003 the named defendant moved to dismiss the case. The Court denied the motion without prejudice, indicating that plaintiff may serve the complaint at any time within 120 days allotted for service and may amend his complaint to name a proper party as a matter of right at any time prior to the filing of an answer. Order dated 5/21/03, Dominic J. Squatrito, USDJ. No attempted amendment was made and the named defendant has filed an answer. Wherefore, the defendant renews its motion to dismiss dated May 2, 2003 because it appears upon the face of the complaint that the (i) complaint fails to state a claim upon which relief may be granted and (ii) the court lacks in personam jurisdiction over the named defendant. A copy of the defendant's memorandum of law filed in support of its motion dated May 2, 2003 is filed herewith.

Case 3:03-cv-00665-MRK

Document 39

Filed 09/19/2005

Page 2 of 3

Respectfully submitted, DEFENDANT TOWN OF GREENWICH POLICE DEPARTMENT

By: Valerie E. Maze Federal Bar No. CT 14080 Greenwich Town Attorney's Office Town Hall, P.O. Box 2540 Greenwich, CT 06836-2540 Tel. (203) 622-7877 Fax. (203) 622-3816 [email protected]

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Case 3:03-cv-00665-MRK

Document 39

Filed 09/19/2005

Page 3 of 3

CERTIFICATION

This is to certify that a copy of the foregoing has been mailed on the above-captioned date to all counsel and pro se parties of record: Raymond J. Rigat Esq. Gilbride & Rigat 23 East Main Street Clinton, CT 06413

Mr. Terrence Henderson, Pro Se 83 Woodmont Avenue Bridgeport, CT 06606

Valerie E. Maze

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