Free Motion for More Definite Statement - District Court of Connecticut - Connecticut

_ ~ ase 3:03-cv-O10@SRU Document 15 Filed 10/3pg2003 Page 1 of 3
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1 UNITED STATES DISTRICT COUR']US U 2 "i__ ;`§ig_1~[pil Y 1
1 DISTRICT OF CONNECTICUT Bil 1 ii ll ’¤} gl : rj 2 .
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1 JOSEPH ATTIAS & HAIM ATTIAS ; CIVIL NO. 203 Cv 01009 (SRU) :
Plaintiffs :
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PATRONS MUTUAL INSURANCE ; 1
COMPANY OF CONNECTICUT ; 1
Defendant : October 28, 2003
MOTION FOR MORE DEEINITE STATEMENT 1
Pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, the Plaintiffs hereby move for a E
more definite state, regarding those aspects ofthe defendant”s affirmative defenses and counterclaim dated 1
October 24,2 003 hereinafter specified, in order to permit an intelligible basis for the filing of a responsive
pleading: I
1. @ Counterclaim 1
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A. The plaintiff requests an articulation as to the contractual and for other legal basis under which the
defendant’s counterclaim is based as to the recovery of monies paid to the mortgagee bank. 1
Reasoning in Support of This Reguest: The counterclaim as currently plead is conclusatory in nature 1
and does not meet even the minimum notice requirements of the Federal Rules of Civil Procedure. 1
There is no way for the plaintiffs to determine the basis under which this counterclaim has been
brought. In order for the plaintiff to evaluate the necessity or appropriateness of posing or preserving 1
certain defendant, including the “failure to State a claim upon which relief can be granted" requests the
defendant to set forth the contractual and/or other legal basis for the claim for recovery of monies paid
to the mortgagee bank.
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1 - ` 1 ase 3:03-cv-010 —\SRU Document 15 Filed 10/30/2003 Page 2 of 3
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1 B. The plaintiff requests an articulation as to the contractual and /or other legal basis under
1 which the defendant’s counterclaim is based as to the recovery of interest on monies paid to the
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1 mortgagee bank. 1
1 Reasoning in Support of This Reguest: The counterclaim as currently plead is conclusatory in nature
1 and does not meet even the m-inimum notice requirements ofthe Federal Rules of Civil Procedure 1
There is no way for the plaintiffs to determine the basis under which this counterclaim has been
brought. In order for the plaintiff to evaluate the necessity or appropriateness of posing or preserving
certain defendant, including the "failure to state a claim upon which relief can be granted" requests the
defendant to set forth the contractual and/or other legal basis for the claim for recovery of interest
monies paid to the mortgagee bank.
C. The plaintiff requests an articulation as to the contractual and for other legal basis under which
the defendant’s counterclaim is based as to the recovery of the costs incurred in investigating the 1
plaintiffs’ claim. 1
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Reasonin in Su ort of This Re uest: The counterclaim as currently plead is conclusatory in nature
and does not meet even the minimum notice requirements of the Federal Rules of Civil Procedure. · t
There is no way for the plaintiffs to determine the basis under which this counterclaim has been 1
brought. In order for the plaintiff to evaluate the necessity or appropriateness of posing or preserving
certain defendant, including the “failure to state a claim upon which relief can be granted" requests the 1
defendant to set forth the contractual and/or other legal basis for the claim for recovery of the costs
incurred in investigating the plaintiffs’ claim.
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p . I- ase 3:03-cv-01009y-SRU Document 15 Filed 10/5052003 Page 3 of 3
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THE PLAINTIFF,
\ BY . 4,14.1 " `'{_ . -··‘' , #" / . """"“`”"
g heryl E. grain ‘
Law Office 5 #Cheryl E. Heffernan l
2842 Old `xwell Avenue ¢
Hamden, Connecticut 06518
1 Telephone: 203-282%-8266
Facsimile: 203-288-4702 I
Fed Bar No.:CT 06473
CERTIFICATION
I hereby certify that a copy of the foregoing was sent by first class mail, postage prepaid
this 28"‘ day of October 2003 to: _ `
Joel J. Rottner, Esq. I
Skelly Rottner P.C, p rf __
POBox 340890 U _y__.. , ...t.,
Hartford, CT 06134-0890 /_·· '`nn r fj .
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Cheryl E. Heffern _/
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