Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

" Case 3:03-cv—O1052_§DJS Document 25 Filed O3/18/2005 Page 1 of 2 I
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UNITED STATES DISTRICT COURT — - It ’ _i jixgf
DISTRICT OF CONNECTICUT ` __ { LII l¥I» II i·
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EMMANUEL SMITH * CIVIL ACTION NO: 3:03-CV-1052 (DJ S)
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l Plaintiff *
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FLEET BANK * I
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Defendant * MARCH 16, 2005 A
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REQUEST FOR LEAVE TO AMEND COMPLAINT
BY ADDING COUNTERCLAIM AND SPECIAL DEFENSE
Pursuant to Rules 13 and 15 ofthe Federal Rules of Civil Procedure, Defendant respectfully
requests the Court for leave to amend Defendant’s Answer and Special Defenses, by including the
Third Special Defense and the Counterclaim as set forth in the attached Amended Answer, Special I
Defenses and Counterclaim.
The Third Special Defense and the Counterclaim were not set forth in the Answer originally
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filed by Defendant, because at the time of filing its Answer, Defendant had not been able to identify
the circumstances set forth in Plaintiff s Complaint. Based on Plaintiffs discovery responses which
were received by Defendant’s counsel on March 9, 2005, Defendant has now been able to identify I
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. i Case 3:03-cv-O10?)DJS Document 25 Filed O3/165005 Page 2 of 2
the particular bank accounts in question and has further been able to determine the nature of the
claims set forth in the attached Third Special Defense and Counterclairn.
Defendant therefore respectfully requests leave ofthe Court to amend Defenda:nt’s Answer by
adding the Third Special Defense and the Counterclaim as set forth in the attached Amended
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Answer. I
DEFENDANT, FLEET BANK I
By A ;*£7 { gw/" E
Gerald . Garlick, Esq. of
Krasow, Garlick & Hadley, LLC
One State Street
Hartford, CT 06103
Telephone: (860) 549-7100
Facsimile: (860) 728-1651
Email: gga;rlick@l Federal Bar No ct05627
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