Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

v Case 3:00-cv-00378-SRU Document 60 Filed 07/08/2004 Page10f3 f `
a {77-\\ [fr-I"
Cy xp",) »
l
l ZBUU JUL -8 [D \2= S`!
UNTTED STATES DISTRICT cOuR*1?.y§%_.__@__¥,§_l_{$j_E$,,Y 4
DISTRICT OF OONNEOTTOUT E ’
ROBERT SALATTO ;
PLAINTIFF ;
: CASE NO.: 3;00Cv378(sRU}
4 VS. :
LEO BOMBALICKI ¤
DEEENDANT ¤ JULY 6, 2004 A
OBJECTTON TO MOTION FOR COURT TO ENFORCE \
SETTLEMENT AND IMPOSE COSTS l
The undersigned Objects tO the plaintiff's mOtiOn dated i
July 2, 2004. The settlement check has been fOrwarded tO 1
1
cOunsel thereby rendering this mOtiOn mOOt.
Initially, it is submitted that all settlement dccuments
were nct received until apprOximately April 13, 2004 and nOt
March 11, 2004 as suggested by the mOtiOn. While it is ccnceded
that ccnsiderable time transpired between the receipt Of the
settlement dOOuments and the fOrwarding the settlement check i
there are legitimate reasOns fOr such. Firstly, the plaintiff I
WEIS £3.WB.I`€ Cl`].8.T1 S€CC].€m€1'lC pI`OC@dL1I`@S B.I`€ l'T10]C`@ time CO].'1SL1[Tlj.1'lg l
DEL SOLE 8: DEL SOLE, LLP • Arronnmvs AT Lnw
48 SOUTH WHITTLESEY AVENUE • WALLINGFGRD, CT 08492-4102 ¤ JURIB NO. 101674 • {203) TBI-BBDQ

i ‘ l Case 3:OO—cv-OO%78\—SRU Document 60 Filed O7{0§2004 Page20f3 {
when dealing with a municipal government defendant such as the
undersigned. At no time was there a time limit imposed for the
issuance of the settlement check. All good faith efforts were
undertaken by the municipal defendant to ensure that the i
settlement proceeds were forwarded as soon as practical. E
In addition, it took even longer than is customary due to I
the large number of attorneys that have represented this F
plaintiff in this matter. Verification had to be obtained to R
ensure that the former attorneys did not have to be on the
settlement check. In addition some confusion did occur
resulting in an initial settlement check being issued to an
attorney that had been discharged previously requiring the
reinstatement of a new settlement check. y
I

DEL sons ae ns:. sons, 1.1..1=· • »m·¤»m¤·m AT raw
46 SOUTH WHITTLEBEY AVENUE • WALLINGFORD, GT 06492-4IOz • JURIS NO. IOIG74 • [2.03) 785-8 00 `
l

_ Case 3:00-cv-OOi7i—SRU Document 60 Filed O7LO8\/2004 Page 3 of 3 [
._. L)
i
WHEREFORE all of the aforesaid reasons the motion to
compel and the imposition of sanctions should be denied.
` RESPEOTEULLY SUBMITTED ON BEHALF OF
THE DEFENDANT,
LEO BOMBALIC
BY
H E GE MARTINEAU
DEL s 0 DEL SOLE, L.L.P. i
46 SOUTH NHITTLESEY AVENUE
WALLINGFORD, CT 06492
(203) 204-0000
FEDERAL EAR NO. ct07600
CERTIFICATION
I hereby certify that a copy Of the foregoing has been
mailed postage prepaid on this date to the following:
Michael P. Farrell
201 Center Street
West Haven, CT 06516
( .
RG · S G m
5
DEL SOLE Bc DEL SOLE, LLP • ATTORNEYS A·r 1.Aw V
46 $0UTH WHITTLESEY AVENUE • WALLINGFORD, CT 06492-4IOZ • JURIB N0. [01874 • [203) ’7BB·BBO¤ `