Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00597-MRK

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : CIVIL ACTION NO. : 3:03 CV 597(MRK) : VS. : : SIG SIMONAZZI NORTH AMERICA, INC. AS : SUCCESSOR IN INTEREST BY MERGER TO : SASIB NORTH AMERICA, INC., AS : SUCCESSOR IN INTEREST BY MERGER TO : SASIB BAKERY NORTH AMERICA, INC. : __________________________________________ : SIG SIMONAZZI NORTH AMERICA, INC. : : VS. : : SASIB FOOD MACHINERY MV, S.P.A., SASIB : BAKERY ITALIA, S.P.A., DRY PRODUCTS, : S.P.A., and COMPAGNIE INDUSTRIALI RIUNITE : ___________________________________________ : OCTOBER 8, 2004 BILL L. GOUVEIA AS ADMINISTRATOR OF THE ESTATE OF JOSE GUERRA THIRD-PARTY DEFENDANTS' OPPOSITION TO SETTLEMENT CONFERENCE NOW COMES Third Party Defendants in opposition to plaintiff's motion for a settlement conference. The basis for the opposition is as follows: 1. Fact discovery is ongoing and, in fact, the principals of Chavez Bakery, where the

accident occurred, have not yet been deposed. Moreover, and more significantly, there are questions as to which of the third party defendants are proper parties to this action. 2. Third party defendants take the position that the third party defendants Dry

Products S.p.A ("Dry Products") and Compagnie Industriali Riuniti S.p.A. ("CIR") are merely holding companies not involved in the design or manufacture of the machinery said to have injured the plaintiff. Plaintiff is presently seeking to add these companies as additional defendants. Dry Products and CIR intend to move to dismiss following discovery. While those

Case 3:03-cv-00597-MRK

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defendants remain in the case, in our view without justification, we do not believe that fruitful settlement discussions can be had. Consequently, we do not believe, as the Plaintiff does, that the issues are well framed for settlement purposes. WHEREFORE the third party defendants opposes scheduling this matter for a settlement conference before any United States Magistrate, Special Master, independent mediator or otherwise at this juncture in the litigation. Dated Hartford, Connecticut on the 8th day of October, 2004. THIRD-PARTY DEFENDANTS, SASIB FOOD MACHINERY MV, S.P.A., SASIB BAKERY ITALIA, S.P.A., DRY PRODUCTS, S.P.A. and COMPAGNIE INDUSTRIALI RIUNITE, S.P.A.

By_____________________________________ Deborah S. Russo (ct 18818) Day, Berry & Howard LLP CityPlace I Hartford, Connecticut 06103-3499 (860) 275-0100 (860) 275-0343 (fax) [email protected] Its Attorneys John R. Horan, Esq. of FOX HORAN & CAMERINI LLP Fed. Bar #ct JRH 8238 825 Third Avenue New York, New York 10022 (212) 480-4800

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CERTIFICATION THIS IS TO CERTIFY that on this date, a copy of the foregoing was mailed first class, postage prepaid, to all counsel and pro se parties of record, as follows: Bill L. Gouveia, Esq. 44 Lyon Terrace Bridgeport, CT 06604 Richard J. Sullivan, Esq. Sullivan & Sullivan 31 Washington Street Wellesley, MA 02481 Mark R. Giuliani, Esq. Kern & Wooley 280 Trumbull Street Hartford, CT 06103 _______________________________________ Deborah S. Russo Brian D. Rich, Esq. Christopher J. Lynch, Esq. Joseph G. Fortner, Jr., Esq. Patrick M. Birney, Esq. Michael K. Stanton, Jr., Esq. Halloran & Sage One Goodwin Square 225 Asylum Street Hartford, CT 06103

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