Free Motion for Conference - District Court of Connecticut - Connecticut

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I , Case 3:03-cv-0O5@MRK Document 77 Filed 10/&%2004 Page 1 of
UNITED STATES DISTRICT COURFII I- E D
DISTRICT OF CONNECT! —-
CMS III ¤¤ Ill ’llI-I
BILL L. GOUVEIA AS ADMINISTRATOR **;*3, Sin; III I- ,. ,.I II I I
OF THE ESTATE OF Joss GUERRA, M if M-;. I§‘g`I`I,j;,II‘* I
Plaintiff ` ‘

V' CIVIL ACTION No. 303CV597 MRK
SIG SIMONAZZI NORTH AMERICA, INC., I
Defendant
I
V.
Dated: October 4, 2004
SASIB FOOD MACHINERY MV, S.P.A., i
SASIB BAKERY ITALIA, S.P.A., I
DRY PRODUCTS, S.P.A., and
COMPAGNIE INDUSTRIALI RIUNITE, _ :
Third-Pa Defendants ·
PLAINTIFF'S MOTION FOR A SETTLEMENT CONFERENCE
NOW COMES the plaintiff pursuant to Federal Rule of Civil Procedure 16(c) 9)
and Connecticut District Court Local Rule 16(c) and moves this Honorable Court to
schedule a settlement conference with the Court or before a United States Magistra I
Judge, a Special Master, or an independent mediator. As reasons for this Motion th I
plaintiff asserts the following: I
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1. This case arises from a fatal injury caused by a product that was manufactured i Italy, I
the home of the third-party defendants in this matter and sold by the defendant sib I
Bakery North America to the plaintiff’s decedent employer Chaves Bakery in I
Bridgeport, Connecticut. I
2. It has been recently disclosed by the third-party defendants that they do not hav
insurance coverage for this matter.
3. Specifically, the third-party defendant Sasib Food Machinery MV, the entity form ly
known as Sasib Bakery Italia, states in Response 43 of its answers to interrogat ies I
"an insurance product policy No. 200202002 was stipulated by Sasib spa, parent I
company of Sasib Bakery Italia spa with GENERALI ASSICURAZIONI GENERA I I
SPA. The latter however refused any indemnification based on a claim made ci se."
4. Moreover the third-party defendants answers also reveal that the Italian entities re in
liquidation. I
Richard J. Sullivan, Sullivan & Sullivan, LLP
31 Washington Street- Wellesley, MA 02481 I
Telephone (781) 263-9400 - Fax (781) 239-1360
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Case @ 9
5. The plaintiff asserts that the parties have conducted extensive discovery in this tter I
and that the issues that will be before the Court have been well framed.
6. The plaintiff asserts that the contemplated discovery and depositions of the Italia
witnesses will only help to solidify the plaintiffs case andlor the defendants clai of I
contribution. The cost associated with traveling to Italy, hiring local counsel and I
interpreters will only serve to make the case more costly to potentially settle for a I
parties. I
7. The plaintiff asserts that the recent disclosures by the Italian entities concerning e
lack of insurance render this matter ripe for a settlement conference. The issues or
settlement are the valuation of the case and apportionment of responsibility be en I
the defendants. However as a result of the lack of insurance and liquidation, the I
apportionment may be rendered moot, based upon the assets and positions oft
defendants. -
8. The plaintiff asserts that if the parties were to continue this litigation without atte ting I
formal discussions towards a global settlement then the pool of money available the I
Italian entities would only be further diminished through the costly expense of tr el to I
and from Italy. A settlement conference at this time will allow the parties to see I hey I
can agree on valuation and/or apportionment of responsibility so that there can b an I
informed decision to resolve the matter universally or instead with either defenda t I
independently in order to cap the exposure and continue on seeking the other I
defendants true comparative share. I
WHEREFORE in the interests of an expedited resolution of this matter the plaintiff
respectfully requests this Honorable Court schedule a settlement conference with th I
Court or before a United States Magistrate Judge, a Special Master, or an independ nt I
mediator and to Order all parties to appear at said conference with their counsel and ith I
authority to enter into any stipulations regarding settlement. I
Respectfully submitted, I
· THE PLAINTIFF, BILL L. GOUVEI AS I
ADMINISTRATOR OF THE ESTA I
OF José GUERRA,
By his attorney, i
‘ ‘ ’MBN__Kx ` >. ·
Richard It `lli an z
Fed Bar # CT24914 ;
Sullivan & Sullivan, LLP
31 Washington Street
Wellesley, MA 02481
Telephone (781) 263-9400 I
Fax (781) 239-1360
Richard J. Sullivan, Sullivan 8. Sullivan, LLP
31 Washington Street ·- Wellesley, MA 02481 I
Telephone (781) 263-9400 - Fax (781) 239-1360 I
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CERTIFICATION `
This is to certify that on this day I served, by first-class mail postage prepai a
copy of the foregoing to:
Patrick M. Birney, Esq.
Halloran & Sage, LLP (
One Goodwin Square I
225 Asylum Street
Hartford, CT 06103 I
Deborah S. Russo, Esq.
Day Berry & Howard, LLP I
CityPIace I I
Hartford, CT 06103-3499
John J. Horan, Esq. I
Jonathan Mazer, Esq. I
Fox Horan & Camerini, LLP
825 Third Avenue
New York, NY 10022 I
RICHARD N LLIVAN
Dated: October 4, 2004
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Richard J. Sullivan, Sullivan & Sullivan, LLP
31 Washington Street- Wellesley, MA 02481
Telephone (781) 263-9400 - Fax (781) 239-1360 (
_ _______HI