Free Motion to Set Aside - District Court of Connecticut - Connecticut

Case 3:00-cv-00874-JCH

Document 98

Filed 04/07/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LUMBERMENS MUTUAL CASUALTY CO. Plaintiff, V. SITE REMEDIATION SERVICES, INC., SITE CONSTRUCTION, LLC, MICHAEL J. GRESH PAINTING CO., INC., SUSAN D. O'BRIEN, and THE BANK OF WESTERN MASSACHUSETTS Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 3-00-cv-874 (JCH)

MOTION TO OPEN JOINT STIPULATION OF DISMISSAL AND ENTER STIPULATION TO JUDGMENT Pursuant to Fed. R. Civ. P. 60(b), the plaintiff, Lumbermens Mutual Casualty Company, moves to open the dismissal as to the defendant Susan O'Brien filed with the Court on or about November 25, 2002, and enter a stipulated judgment in favor of Lumbermens Mutual Casualty Company against the defendant Susan O'Brien pursuant to the attached Stipulation to Judgment in the amount of $2,000,000.00. In support, Lumbermens respectfully represents: 1. On or about October 17, 2002, Lumbermens and O'Brien entered into a

Settlement Agreement that required O'Brien to make certain installment payments pursuant to the Settlement Agreement. Upon O'Brien's failure to honor her obligations under the Settlement Agreement, the Settlement Agreement states that Lumbermens is
11663.0002

One Goodwin Squ are 225 Asylu m Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:00-cv-00874-JCH

Document 98

Filed 04/07/2004

Page 2 of 3

entitled to take all action necessary to release from escrow a Stipulated Judgment, have the above action reopened, and file with the court the Stipulated Judgment attached hereto. The Settlement Agreement also provides that O'Brien agrees to have the District Court action reopened to enter the Stipulated Judgment. 2. The Joint Stipulation of Dismissal filed with the court on November 25,

2002 expressly states that the Dismissal is entered without prejudice, and with leave to reopen upon representation by counsel for the plaintiff that the Settlement Agreement between the parties has been breached by the defendant Susan O'Brien. 3. Counsel for the plaintiff hereby represents that the Settlement Agreement

between the parties has been breached by the defendant, Susan O'Brien. 4. Accordingly, the plaintiff now seeks to file and have entered the attached

Stipulation to Judgment in the amount of $2,000,000.00 WHEREFORE, the plaintiff, Lumbermens Mutual Casualty Company, hereby seeks to reopen the Stipulation of Dismissal as to Susan O'Brien, and to have judgment entered pursuant to the attached Stipulation to Judgment in the amount of $2,000,000.00.

-2One Goodwin Squ are 225 Asylu m Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:00-cv-00874-JCH

Document 98

Filed 04/07/2004

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RESPECTFULLY SUBMITTED: LUMBERMENS MUTUAL CASUALTY COMPANY By /s/ Gregory R. Faulkner Fed. Bar #ct00097 of HALLORAN & SAGE LLP One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103

CERTIFICATION This is to certify that on this 6th day of April 2004, I hereby mailed a copy of the foregoing to: Mark S. Baldwin, Esq. Sandra K. Davis, Esq. Brown, Rudnick, Berlack, Israels CityPlace I 185 Asylum Street Hartford, CT 06103-3402 William R. Moller, Esq. John J. O'Brien, Jr., Esq. Moller, Peck & O'Brien, L.L.C. 1010 Wethersfield Avenue, 1st Floor Hartford, CT 06114-3149 /s/
535047.1(HS-FP)

Michael P. Del Sole, Esq. Del Sole & Del Sole 46 S. Whittlesey Avenue P.O. Box 310 Wallingford, CT 06492-0310

Gregory R. Faulkner

-3One Goodwin Squ are 225 Asylu m Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105