Free Motion to Intervene - District Court of Connecticut - Connecticut

Case 3:03-cv-01038-RNC

Document 14

Filed 02/19/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

BRIAN KENNEDY Plaintiff v. KEVIN FOLEY Defendant

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CIVIL ACTION NO. 3:03 cv 1038(RNC)

FEBRUARY 18, 2004

MOTION OF THE STATE OF CONNECTICUT TO INTERVENE AS CO-PLAINTIFF AND TO FILE INTERVENING COMPLAINT The Subscriber, State of Connecticut, also hereinafter referred to as the Employer, moves this Court for an Order allowing it to intervene in this third-party action as a matter of right under Fed. R. Civ. Proc. 24(a)(2), and Conn. Gen. Stat. Sec. 31-293 and sets forth the following in support of its motion: 1. This action is a third-party personal injury action brought by the plaintiff, Brian Kennedy ("Plaintiff") against the defendant, Kevin Foley ("Defendant") for damages arising out of a Connecticut workers' compensation claim. 2. At the time of the personal injuries suffered by the plaintiff in the aboveentitled action, he was in the employ of the State of Connecticut within the scope of the Workers' Compensation Act and said injuries arose out of and in the course of this employment. 3. By virtue of the personal injuries for which the plaintiff seeks recovery in the above-entitled action, the State has paid and has become obligated to pay a sum of money to the plaintiff under the terms of the State Workers' Compensation Act.

Case 3:03-cv-01038-RNC

Document 14

Filed 02/19/2004

Page 2 of 4

4. As of the date of this motion, notification of this action has not been made pursuant to the requirements of Conn. Gen. Stat. Sec. 31-293, as amended to date. WHEREFORE, the subscriber, respectfully moves that it be permitted to intervene in said action as co-plaintiff and file an intervening complaint, which is hereto annexed.

STATE OF CONNECTICUT RICHARD BLUMENTHAL ATTORNEY GENERAL William J. McCullough Assistant Attorney General BY: _____________________________________ Philip M. Schulz Assistant Attorney General 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Tel. No. (860) 808-5050 Fed. Bar No. ct00729 [email protected]

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Case 3:03-cv-01038-RNC

Document 14

Filed 02/19/2004

Page 3 of 4

ORDER The above motion having been heard, and it appearing that the same ought to be granted, it is hereby ORDERED: That the State of Connecticut be permitted to intervene in said action as a co-plaintiff and file the intervening complaint provided with this motion. Dated at Hartford, Connecticut, this day of

BY THE COURT

____________________________________ Clerk

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Case 3:03-cv-01038-RNC

Document 14

Filed 02/19/2004

Page 4 of 4

CERTIFICATION THIS IS TO CERTIFY THAT the within pleading was mailed, via certified mail, return receipt requested this 18th day of February, 2004 to the following parties and/or counsel of record. Jeffrey L. Ment, Esq. Rome, McGuigan, Sabanosh, P.C. One State Street Hartford, CT 06103 D. Lincoln Woodard, Esq. Moukawsher & Walsh, LLC 21 Oak Street, Suite 209 Hartford, CT 06106 Ryan P. Barry, Esq. Moukawsher & Walsh, LLC 21 Oak Street, Suite 209 Hartford, CT 06106

____________________________________ Philip M. Schulz Assistant Attorney General

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