Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-01009-SRU Document 126 Fi-led 04/10/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOSEPH ATTIAS & HAIM ATTIAS : CIVIL ACTION NO.
: 3:03 CV 01009 (SRU)
VS. .
PATRONS MUTUAL INSURANCE
COMPANY OF CONNECTICUT : APRIL 7, 2006
DEFENDANT’S, PATRONS MUTUAL INSURANCE COMPANY
OF CONNECTICUT, MOTION FOR PERMISSION TO AMEND ITS
FIRST AFFIRMATIVE DEFENSE
The defendant requests permission to amend paragraph 2.(a)(3) of its First Affirmative
Defense to conform to the evidence developed through the discovery in this matter by
amending said paragraph to allege that the contractor had been paid less than $17,000 for the
work performed. As originally alleged, said paragraph stated that the contractor had charged
less than $15,000 for the work performed. As amended, said paragraph 2.(a)(3) of the First
Affirmative Defense will read as follows:
The plaintiffs presented a bill to the defendant from a contractor
in an amount in excess of $100,000 for work allegedly performed
by said contractor when the plaintiffs knew that the majority of
the work referred to in said bill was not performed by said
contractor and in that the plaintiffs had paid less than $17,000 to
said contractor.
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I Case 3:03-cv-01009-SRU Document 126 Filed 04/10/2006 Page 2 of 3
I Said paragraph presently states as follows:
The plaintiffs presented a bill to the defendant from a
contractor in an amount in excess of $100,000 for work allegedly
performed by said contractor when the plaintiffs knew that the
I majority of the work referred to in said bill was not performed by
said contractor and in that the plaintiffs knew that the contractor
had charged less than $15,000 for the work performed.
I A proposed Amended Answer with Affirmative Defenses and Counterclaim is attached
I hereto. -
Counsel for the defendant has consulted with counsel for the plaintiffs, and counsel for
I the plaintiffs has no objection to the granting of this amendment. I
I .
I DEFENDANT, PATRONS MUTUAL
I INSURANCE COMPANY
By
oe] J. er
Skelley Rottner P.C.
433 South Main Street, Suite 305
West Hartford, CT 06110
Tel. (860) 561-7077
Fax (860) 561-7088
Federal Bar No. ct056l2
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Case 3:03-cv-01009-SRU Document 126 Filed 04/10/2006 Page 3 of 3
!
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E - CERTIFICATION
I hereby certify that a copy of the above was mailed via U.S. Mail, postage prepaid, on
; April 7, 2006, to the following oounsel of record:
Attorney Cheryl E. Heffernan
Q Farver & Heffernan
2858 Old Dixwell Avenue
; Hamden, CT 06518
? T el. (203) 288-8266
E Joel ottner Q