Free Response - District Court of Connecticut - Connecticut

Case 3:02-cv-02192-WWE

Document 40

Filed 10/04/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DAVID BRUNO Plaintiff V. GREENWICH BOARD OF EDUCATION Defendants } } } } } } } CIVIL ACTION NO. 3:02 CV 02192 (WWE) SEPTEMBER 30, 2004

PLAINTIFF'S OBJECTION TO DEFENDANT'S AMENDMENT TO ITS LOCAL RULE 56(a)(2) STATEMENT The Plaintiff hereby objects to defendant's September 28, 2004 amendment to its Local Rule 56(a)(2) Statement dated July 16, 2004. In its original Local Rule 56(a)(2) Statement dated July 16, 2004, the Defendant had stated that "[t]he balance of the allegations of Paragraph 2 is admitted." However, in its Local Rule 56(a)(2) Statement dated September 28, 2004, the Defendant has stated that "[t]he balance of the allegations of Paragraph 2 is denied," asserting that this was merely "a technical correction." Defendant's Supplement to Local Rule 56(a)(2) Statement page 1 (9/28/04). The Defendant's change from an admission to a denial can hardly be characterized as a "technical correction". Instead, the Court should find this change to be material. Moreover, the provisions of F.R. Civ.P. Rule 15(a) provides inter alia, that a party must seek leave of the Court or consent of the adverse

Case 3:02-cv-02192-WWE

Document 40

Filed 10/04/2004

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party when an amendment is sought more than twenty (20) days after service of the pleading at issue. In the present matter, the Defendant's September 28, 2004 amendment to its July 16, 2004 Local Rule 56(a)(2) Statement was filed more than twenty (20) days after the July 16, 2004 Local Rule 56(a)(2) Statement had been served. The Defendant has neither sought leave of the Court, nor has the Defendant solicited consent of the Plaintiff in order to amend paragraph 2 of its July 16, 2004 Local Rule 56(a)(2) Statement. WHEREFORE, for the foregoing reasons, the Plaintiff respectfully requests the Court to reject Defendant's unilateral amendment to its July 16, 2004 Local Rule 56(a)(2) Statement and deny Defendant's request should the Court treat the September 28, 2004 submission as a de facto motion to amend. Respectfully submitted, PLAINTIFF By________________________________ Lawrence W. Berliner Klebanoff & Alfano, P.C. Corporate Center West 433 South Main Street Suite 102 West Hartford, CT 06110 Tel. No. (860) 313-5005 Fed. Bar No. CT 7002

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Case 3:02-cv-02192-WWE

Document 40

Filed 10/04/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was mailed this 30th day of September, 2004 by U.S. Mail first class, postage prepaid to Attorney Valerie Maze, Assistant Town Attorney, Town Hall, 101Field Point Road, Greenwich, CT. __________________________________ Attorney Lawrence W. Berliner

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