Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 489

Filed 03/08/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: MARCH 8, 2007

MOTION TO DISMISS PURSUANT TO ARTICLE III

Defendant Mostafa Reyad hereby respectfully moves the Court pursuant to Article III of the United States Constitution to Dismiss Plaintiff s complaint or in the alternative Dismiss certain parts of this Court Decision dated July 26, 2006, that specific parts related to Plaintiff s alleged damages, stated by Plaintiff and never provide evidence to support it. Defendant herein reiterate his prior pleadings, that, the stated damages never existed, and Plaintiff never demonstrate its source or nature. Plaintiff requested damages in the amount of $ 243,849.78, and the Court Decision has adopted Plaintiff request notwithstanding the fact, that, Plaintiff provided evidence only for the amount $ 66,407.57. In any event, Pursuant to Article III Plaintiff is entitled only to $ 66,407.57 and no more, if all other conditions warrant, however, Defendant well pleded the same issue in Defendants proposed findings of fact and conclusion

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Case 3:00-cv-00835-CFD

Document 489

Filed 03/08/2007

Page 2 of 3

of law dated June 16, 2005 (Doc # 458) p. 59-62, but Defendant did not invoke Article III.

Defendant hereby does not waive any right or defense priorly submitted to the Court, however, upon review, this Court would adjust its Decision as a matter of law and as a matter of fairness, Defendant is entitled to a Court hearing upon the instant motion.

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Case 3:00-cv-00835-CFD

Document 489

Filed 03/08/2007

Page 3 of 3

The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Home Phone # 201-585-0562 Day Phone # 203-325-4100 Email: [email protected]

CERTIFICATE OF SERVICE

The undersigned certifies that he mailed on the captioned date a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511 and hand delivered to Wafa Reyad.

Mostafa Reyad

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