Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00871-CFD

Document 120

Filed 09/01/2004

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT * * * * * * * * * * * * * * * ** * * * * * * * * * GREYSTONE COMMUNITY REINVESTMENT ASSOCIATES, INC. Plaintiff VS. FIRST UNION NATIONAL BANK Defendant * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * *

CIVIL ACTION NO. 3:00CV871 (CFD)

AUGUST 30, 2004

REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR RECONSIDERATION The Defendant, First Union National Bank n/k/a Wachovia Bank, N.A. ("Wachovia") hereby submits this Reply Memorandum in Further Support of its Motion for Reconsideration directed to the Court's Order dated August 9, 2004 granting the plaintiff's, Greystone Community Reinvestment Associates, Inc. ("Greystone"), Motion to Consolidate. In its

Objection to Wachovia's Motion for Reconsideration, Greystone contends that Defendant's Motion for Reconsideration should be denied as untimely. Respectfully, Greystone's position is incorrect. As Greystone correctly notes in its Objection, the Court's Order on the Motion to Consolidate was dated August 9, 2004. The Defendant's Motion for Reconsideration was filed August 20, 2004. Local Rule 7(c)1 allows a party ten days from the filing of a decision to seek reconsideration. As this Court is well aware, Rule 6 of the Federal Rules of Civil ORAL ARGUMENT REQUESTED

Case 3:00-cv-00871-CFD

Document 120

Filed 09/01/2004

Page 2 of 3

Procedure provides that "[w]hen the period prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation." Fed. R. Civ. P. 6(a); see also D. Conn. L. Civ. R. 6 (consistent with Federal Rule 6 unless specifically articulated). Plaintiff's calculation in this instance obviously includes intervening weekends. Here, Wachovia's Motion was filed one day early.1 For all those reasons set forth in the Defendant's Motion for Reconsideration, it is respectfully requested that the Court reconsider its decision dated August 9, 2004 granting Greystone's Motion to Consolidate and vacate the same. THE DEFENDANT FIRST UNION NATIONAL BANK

By: James T. Shearin ct 01326 Brian C. Roche ct17975 For: Pullman & Comley, LLC 850 Main Street, 8th Floor Bridgeport, CT 06604 Tel. (203) 330-2000 Facsimile (203) 576-8888 E-Mail: [email protected] [email protected] Its Attorneys

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The Plaintiff also argues that the Defendant has not pointed out matters which the Court overlooked in ruling on the original Motion to Consolidate. A review of the Defendant's Motion, however, demonstrates that the Defendant brought to the Court's attention (1) the new fact that the NASD Arbitration Award by and between Berean and Wachovia had since been confirmed, (2) the vast difference between the procedural posture of both cases given Berean's impending motion practice, among several other issues.

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Case 3:00-cv-00871-CFD

Document 120

Filed 09/01/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy hereof was mailed, postage prepaid, on the date hereon to each attorney of record and to all pro se parties of record as follows: Eliot B. Gersten, Esq. John J. Robacynski Gersten & Clifford 214 Main Street Hartford, CT 06106 Thomas Finn, Esq. Paul Cruz Cedillo, Esq. McCarter & English CityPlace I 185 Asylum Street 36th Floor Hartford, CT 06103 [email protected] [email protected] 860-275-7117 ­ phone 860-560-5938 ­ fax Michael K. Stanton, Jr., Esq. Halloran & Sage 315 Post Road West Westport, CT 06880 [email protected] 203-227-2855 _____________________ Brian C. Roche

BPRT/59100.1/BCR/529016v1

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