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

Case 3:03-cv-00944-RNC

Document 35

Filed 09/13/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : : :

JAMES MCKINNON Plaintiff VS. YVONNE, ET AL Defendants

PRISONER 3:03CV00944(RNC)

SEPTEMBER 8, 2004

DEFFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The defendants in the above-entitled matter hereby, by and through the undersigned counsel and pursuant to Federal Rule of Civil Procedure 56(f) respectfully request that the Court refuse the plaintiff's application for judgment. In support of their opposition, the defendants attach the affidavit of their undersigned counsel as Exhibit A and represent the following: 1. On October 3, 2003, the plaintiff filed an amended complaint. 2. On May 3, 2004, the plaintiff filed a notice of lawsuit and request for waiver of service for summons as to the defendants. 3. On August 12, 2004, the undersigned counsel, Kathleen A. Keating, was assigned this case and filed an appearance. See Exhibit A, Affidavit of Kathleen A. Keating. 4. Also on August 12, 2004, the Court filed a scheduling order directing that answers be filed October 16, 2004, directing that discovery be completed by February 16, 2005, and directing that dispositive motions be filed by March 16, 2005.

Case 3:03-cv-00944-RNC

Document 35

Filed 09/13/2004

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5. On August 17, 2004, the plaintiff filed a notice of service of summons on defendants. 6. Thus, since the court just issued the scheduling order on August 12, 2004, and since the plaintiff just filed a notice of service of summons on the defendants on August 17, 2004, the plaintiff's motion for summary judgment is premature and should be denied. 7. Additional time is necessary in order for the undersigned to review the complaint and pertinent documents in order to prepare an appropriate responsive pleading. 8. Additional time is necessary in order for the undersigned to obtain affidavits, take

depositions, and to conduct discovery. See Exhibit A, Affidavit of Kathleen A. Keating. 9. Additional time is necessary in order for the undersigned to prepare and file a dispositive motion.

DEFENDANTS, Yvonne Colette, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:__/s/____________________________ Kathleen A. Keating Assistant Attorney General Federal Bar No. ct25247 110 Sherman Street Hartford, CT 06105 Telephone: (860) 808-5450 E-mail: [email protected]

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Case 3:03-cv-00944-RNC

Document 35

Filed 09/13/2004

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CERTIFICATION I hereby certify that a copy of the foregoing was sent by first-class mail, postage prepaid, this 8th day of September, 2004, to: James McKinnon Inmate No. 100770 Corrigan-Radgowski Correctional Institution 986 Norwich-New London Tpke. Uncasville, CT 06382 ___/s/_______________________________ Kathleen A. Keating Assistant Attorney General

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