Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00597—IV|FlK Document 92 Filed 10/29/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BILL L. GOUVEIA AS ADMINISTRATOR :
OF THE ESTATE OF JOSE GUERRA, :
Piamurr, Q
v. : Civil Action No. 3:03 CV 597 MRK
SIG SIMONAZZI NORTH AMERICA, INC.
AS SUCCESSOR IN INTEREST BY MERGER :
TO SASIB NORTH AMERICA, INC., AS :
SUCCESSOR IN INTEREST BY MERGER TO 2
SASIB BAKERY NORTH AMERICA, INC., :
Defendant,
SIG SIMONAZZI NORTH AMERICA, INC.,
: October 28, 2004
Third—Party Plaintiff :
v.
SASIB FOOD MACHINERY MV, S.P.A.,
SASIB BAKERY ITALIA, S.P.A., :
DRY PRODUCTS, S.P.A., AND :
COMPAGNIE INDUSTRIALI RIUNITE :
Third-Party Defendants.
DECLARATION OF JONATHAN MAZER
I, Jonathan Mazer, declare under penalty of perjury pursuant to 28 U.S.C. §l746 that the
following is true and correct:
1. I am over the age of 18 and I understand and believe in the obligations of an oath.
2. I am associated with Fox Horan & Camerini, LLP, attorneys for the Third-Party
Defendants in this action along with Day, Berry & Howard, LLP. I submit this declaration in
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support of the Third—Pa1ty Defendants’ opposition to Plaintiff’s Motion to Amend the Complaint
to add them as parties to the main action.
3. The documents exchanged in discovery show that Plaintiff knew well before the
expiration of the statute of limitations that Sasib Bakery Italia, S.p.A. ("SBI") and Sasib Food
Machinery Medium Volume, S.p.A. ("SFMMV") were potential defendants} Indeed, the Third-
Party Plaintiff moved for leave to file the third-party action against SFMMV, SBI and the
holding companies in December of 2003 in which the Defendant/Third-Party Plaintiff made
similar allegations as to SBI and SFMMV that Plaintiff now seeks to make. That motion was
filed well before the expiration of the statute. Moreover, during discovery in this case, at least
one document was exchanged from which Plaintiff knew that SFMMV was a potential
defendant. Specifically, the document bates stamped D001693 was the final acceptance
certificate for the "Peel Board Conveyor", a component of the bakery machinery at issue in this
case, which lists SFMMV as the Seller. A copy is attached hereto as Exhibit 2. Photographs of
the machinery at issue produced by Plaintiff in this litigation show that a sign with the words
"Sasib Bakery Italy" appears on the machine. Copies of those photographs are attached hereto as
Exhibit 3.
4. The Declaration of Alberto Piaser submitted along with this declaration
demonstrates that the holding companies were not "product sellers" and did not have any
contacts with Connecticut. In addition, the Order Confirmation No. 115964 for the bakery
machine, which is incorporated into in each cause of action in Plaintiff` s proposed pleading,
nowhere mentions either of the holding companies, which is further proof that no valid claim
‘ SBI and SFMMV have merged into one company and which has been re-named Food Machinery Medium
Volume, S.p.A. A copy of SBI’s answer’s to Interrogatories reciting some of the details of the merger and re-
naming is attached hereto as Exhibit 1.
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under Connecticut’s product liability law can be asserted against them. A copy of the Order
Confirmation is attached hereto as Exhibit 4.
5. FMMV answered all of Third Party Plaintiff` s interrogatories in great detail and
specifically admitted that SFMMV was the main contractor that designed and installed the
bakery machine which is at issue in this case. Attached hereto as Exhibit 5 is a copy of the
signed responses of FMMV to the Third Party Plaintiffs Interrogatories but not the questions.
Attached hereto as Exhibit 6 is a copy of the Third Party Plaintiff s Interrogatories and the
responses in a single unsigned document for the convenient review of the Court and the parties.
In answer to Interrogatory 3, FMMV states that "We were involved as the main contractors and
took care of design and installation at customer’s premises of the Bakery Machine." In that
response FMMV also provides "a detailed prospectus which identifies [the parts of the Bakery
Machine] item by item the name of the designer, the manufacturer / supplier and who took care
of installation." Neither Dry Products nor CIR is included in the chart that follows.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: October 28, 2004
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CERTIFICATION
This is to certify that on this 29th clay of October, 2004, I hereby mailed 21 copy ofthe
foregoing to:
Joseph G. Former, Jr. Richard J. Sullivan, Esq.
Halloran & Sage LLP Sullivan & Sullivan, LLP
One Goodwin Square 31 Washington Street
225 Asylum Street Wellesley, MA 02481
I·Iartforcl, CT 06103 g
/
rah S. Russo
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