Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-00597-MRK

Document 148

Filed 05/26/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BILL L. GOUVEIA AS ADMINISTRATOR OF THE ESTATE OF JOSE GUERRA V. SIG SIMONAZZI NORTH AMERICA, INC. AS SUCCESSOR IN INTEREST BY MERGER TO SASIB NORTH AMERICA, INC., AS SUCCESSOR IN INTEREST BY MERGER TO SASIB BAKERY NORTH AMERICA, INC. ______________________________________ SIG SIMONAZZI NORTH AMERICA, INC. V. SASIB FOOD MACHINERY MV, S.P.A., SASIB BAKERY ITALIA, S.P.A., DRY PRODUCTS, S.P.A., AND COMPAGNIE INDUSTRIALI RIUNITE : : : : : : : : : : : : : : : : : : : : CIVIL ACTION NO. 303 CV 597 MRK

MAY 26, 2005

RESPONSE TO MOTION FOR ORDER TO ESTABLISH QUALIFIED SETTLEMENT FUND AND TRUST The defendant and third-party plaintiff, Sig Simonazzi North America, Inc., ("SSNA"), hereby submits this Response to the Motion for Order to Establish the Jose Guerra Qualified Settlement Fund. SSNA has no opposition to the establishment of the Jose Guerra Qualified Settlement Fund (the "QSF"). Its sole response, however, relates to the settlement which is being used to fund this QSF.

One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:03-cv-00597-MRK

Document 148

Filed 05/26/2005

Page 2 of 3

The filings submitted to this court regarding this QSF accurately reflect that the total proceeds of the settlement are $1.75 million. Unfortunately, they inaccurately indicate that the settlement proceeds are all being paid by the Defendant. In reality, the settlement of this matter involves payment of $1.35 million on the behalf of the Defendant/Third-Party Plaintiff. In addition, Third-Party Defendants have agreed to pay $400,000 of the settlement funds in this case. All parties have exchanged settlement documents (which as of this submission have been signed by the Plaintiff and his representatives) reflecting this payment structure. In order to avoid any inaccuracies or misunderstandings, SSNA respectfully requests that any order entered in this matter reflect the settlement structure as outlined above, which has been agreed to by the parties. WHEREFORE, The Defendant/Third-Party Plaintiff respectfully requests that any orders entered in this matter reflect that the total settlement proceeds are $1.75 million, and that of those proceeds, $1.35 million are being paid on the behalf of the Defendant/Third-Party Plaintiff, and $400,000 are being paid on the behalf of the Third-Party Defendants. DEFENDANT/THIRD PARTY PLAINTIFF, SIG SIMONAZZI NORTH AMERICA, INC.

By _________/s/_________________ Joseph G. Fortner, Jr. Fed. Bar #ct 04602 HALLORAN & SAGE LLP One Goodwin Square 225 Asylum Street Hartford, CT 06103 Its Attorneys
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One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:03-cv-00597-MRK

Document 148

Filed 05/26/2005

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been telecopied, e-mailed, and mailed, postage prepaid, to all counsel on this 26th day of May, 2005, including: Richard J. Sullivan, Esq. Sullivan & Sullivan, LLP 31 Washington St. Wellesley, MA 02481 Attorneys for Plaintiff Deborah S. Russo, Esq. Day, Berry & Howard CityPlace Hartford, CT 06103 Attorneys for Third-Party Defendants Jonathan Mazer, Esq. John R. Horan, Esq. Fox Horan & Camerini 825 Third Avenue New York, NY 10022 Attorneys for Third-Party Defendants. ___________/s/_______________________ Joseph G. Fortner, Jr.
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One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105