Free Motion to Reopen Case - District Court of Connecticut - Connecticut

Case 3:02-cv-00070-CFD

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Filed 08/18/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

RICHARD J. SARTOR AND DIANE SARTOR v. TOWN OF MANCHESTER

: : : : : :

NO.: 3:02CV70 (CFD)

AUGUST 17, 2004

MOTION TO RE-OPEN DISMISSAL Pursuant to Fed. R. Civ. P. 60(b)(6), the defendant, Town of Manchester, hereby moves this Court to re-open and/or set aside the dismissal entered by the Court on July 29, 2004. The defendant so moves for the following reasons: 1. On March 29, 2004, this Court, Droney, J., granted plaintiff's Motion

for Summary Judgment on liability. 2. On June 23, 2004, a settlement conference was held, and a tentative

agreement reached. The agreement required approval of the Town of Manchester Board of Directors. 3. On July 29, 2004, this Court ordered this action dismissed without

costs and without prejudice to the right of any parties to move within 30 days to reopen the case if the settlement had not been consummated. 4. On August 3, 2004, the Manchester Board of Directors approved the

proposed settlement.

ORAL ARGUMENT IS NOT REQUESTED

Case 3:02-cv-00070-CFD

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5. has now passed. 6.

The revocation period, in which citizens can request a referendum,

The parties join in requesting that the Court open the case in order to

enter into a stipulated judgment and exercise continuous jurisdiction over the case.

WHEREFORE, the defendant respectfully requests that the Court open and/or set aside the dismissal entered on July 29, 2004 and continue jurisdiction over this matter. DEFENDANT, TOWN OF MANCHESTER

By_______________________________ Michael J. Rose [ct14803] Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114 Phone: (860) 249-1361 Fax: (860) 249-7665 E-Mail: [email protected]

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Case 3:02-cv-00070-CFD

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CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, to the following counsel of record this 17th day of August, 2004.

Kathleen Eldergill, Esquire Beck & Eldergill, P.C. 447 Center Street Manchester, CT 06040

_________________________________ Michael J. Rose

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