Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:03-cv-01014-JBA

Document 79

Filed 12/17/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : : : : Plaintiffs, : : v. : : ARTHUR LOVETERE, CECIL URSPRUNG, LOUIS J. : BACCEI, WORTH LOOMIS, THEODORE : PATLOVICH, STEPHEN J. RAFFAY, WILLIAM P. : ROWLAND, PETER EIO (individually and in their capacity as members of the Board of Directors of Reflexite : : Corporation) and REFLEXITE CORPORATION, : : Defendants. H. JONATHAN FRANK and FRANK FAMILY 1996 TRUST (on behalf of themselves and REFLEXITE CORPORATION),

Civil Action No. 3:03-CV- 1014 (JBA)

DECEMBER 16, 2004

NOTICE OF RIGHTS TO: Pursuant to Rule 64 of the Federal Rules of Civil Procedure and Conn. Gen. Stat. § 52278c(e) and (f), you are hereby notified of the following: YOU HAVE RIGHTS SPECIFIED IN THE CONNECTICUT GENERAL STATUTES, INCLUDING CHAPTER 903a, THAT YOU MAY WISH TO EXERCISE CONCERNING THIS APPLICATION FOR A PREJUDGMENT REMEDY. THESE RIGHTS INCLUDE THE RIGHT TO A HEARING: (1) TO OBJECT TO THE PROPOSED PREJUDGMENT REMEDY BECAUSE YOU HAVE A DEFENSE TO OR SET-OFF AGAINST THE ACTION OR A COUNTERCLAIM AGAINST THE PLAINTIFF OR BECAUSE THE AMOUNT SOUGHT IN THE APPLICATION FOR PREJUDGMENT REMEDY IS UNREASONABLY HIGH OR BECAUSE PAYMENT OF ANY JUDGMENT THAT MAY BE RENDERED AGAINST YOU

Case 3:03-cv-01014-JBA

Document 79

Filed 12/17/2004

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IS COVERED BY ANY INSURANCE THAT MAY BE AVAILABLE TO YOU; (2) TO REQUEST THAT THE PLAINTIFF POST A BOND IN ACCORDANCE WITH SECTION 52278d OF THE GENERAL STATUTES TO SECURE YOU AGAINST ANY DAMAGES THAT MAY RESULT FROM THE PREJUDGMENT REMEDY; (3) TO REQUEST THAT YOU BE ALLOWED TO SUBSTITUTE A BOND FOR THE PREJUDGMENT SOUGHT; AND (4) TO SHOW THAT THE PROPERTY SOUGHT TO BE SUBJECTED TO THE PREJUDGMENT REMEDY IS EXEMPT FROM SUCH A PREJUDGMENT REMEDY. Furthermore, you may request a hearing to contest the application for a prejudgment remedy, assert an exemption or make a request concerning the posting or submission of a bond. The hearing may be requested by any proper motion to the court.

By_____________________________________ Terence J. Gallagher (ct22415) Jonathan B. Tropp (ct11295) DAY, BERRY & HOWARD LLP One Canterbury Green Stamford, Connecticut 06901 (203) 977-7300 Telephone (203) 977-7301 Facsimile Richard A. Strassberg (ct24905) Jeffrey A. Simes (ct24906) GOODWIN PROCTER LLP 599 Lexington Avenue New York, New York 10022 (212) 813-8800 Telephone (212) 355-3333 Facsimile Their Attorneys

Case 3:03-cv-01014-JBA

Document 79

Filed 12/17/2004

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CERTIFICATE OF SERVICE I hereby certify that on December 16, 2004 a true copy of the foregoing document was served via overnight courier upon all counsel of record.

James T. Cowdery, Esq. Sarah A. L. Merriam, Esq. Cowdery, Ecker & Murphy, L.L.C. 750 Main Street Hartford, CT 06103-2703

Edward F. Spinella, Esq. Reid and Riege, P.C. One Financial Plaza Hartford, CT 06103

James T. Shearin, Esq. Pullman & Comley, LLC 850 Main Street, P.O. Box 7006 Bridgeport, CT 06601-7006

Craig A. Raabe, Esq. Jason M. Kuselias, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597

Terence J. Gallagher