Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-01052-DJS

Document 19

Filed 02/16/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ********************************* EMMANUEL SMITH * * Plaintiff * V. * * FLEET BANK * * Defendant * ********************************* CIVIL ACTION NO: 3:03-CV-1052 (DJS)

FEBRUARY 15, 2005

MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DISMISSAL FOR FAILURE TO RESPOND TO DISCOVERY Pursuant to Local Rule 37, Defendant files this Memorandum of Law in support of Defendant's Motion for Dismissal for Failure to Respond to Discovery. Attached hereto is a copy of Defendant's Interrogatories and Request for Production directed to Plaintiff, dated January 13, 2005. Plaintiff has failed to file any objection or response to any of the Interrogatories and Requests for Production. As Plaintiff has completely failed to respond in any fashion to these discovery requests, this case should be dismissed pursuant to Rule 37(d).

ORAL ARGUMENT IS NOT REQUESTED

Case 3:03-cv-01052-DJS

Document 19

Filed 02/16/2005

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As Plaintiff is proceeding pro se, there is no opposing counsel with whom Defendant's counsel could have discussed these discovery issues, and Defendant's counsel is therefore not filing the Affidavit required by Local Rule 37(a)(2). As set forth in the accompanying Motion, Defendant's counsel has been unable to confer directly with the pro se Plaintiff. Defendant therefore respectfully moves for an order dismissing this case pursuant to Rule 37(d), because of Plaintiff's failure to respond or object to Defendant's discovery requests dated January 13, 2005. DEFENDANT, FLEET BANK

By______________________________ Gerald L. Garlick, Esq. of Krasow, Garlick & Hadley, LLC One State Street Hartford, CT 06103 Telephone: (860) 549-7100 Facsimile: (860) 728-1651 Email: [email protected] Federal Bar No ct05627

CERTIFICATION

Case 3:03-cv-01052-DJS

Document 19

Filed 02/16/2005

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I hereby certify that a copy of the foregoing was mailed this 15th day of February, 2005 to the following Pro Se Plaintiff: Mr. Emmanuel Smith Inmate No. 232549 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 ____________________________ Gerald L. Garlick

000233/00054/lib002/23540.1

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