Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:03-cv-00597-MRK Document 103-2 Filed 11/19/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BILL L. GOUVEIA AS ADMINISTRATOR : CIVIL ACTION NO.
OF THE ESTATE OF JOSE GUERRA : 303 CV 597 MRK
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. :
THIRD-PARTY PLAINTIFF :
V. :
SASIB FOOD MACHINERY MV, S.P.A., :
SASIB BAKERY ITALIA, S.P.A., :
DRY PRODUCTS, S.P.A., AND :
COMPAGNIE INDUSTRIALI RIUNITE, S.P.A. :
THIRD—PARTY DEFENDANTS : NOVEMBER 18, 2004
AFFIDAVIT OF PATRICK M. BIRNEY
PATRICK M. BIRNEY, being duly sworn and upon personal knowledge deposes
and states as follows:
1. I am over eighteen years of age and believe in the obligations of an oath.
I am an attorney at the law firm of Halloran & Sage LLP, counsel for the defendantlthird-
party plaintiff Sig Simonazzi North America, Inc. ("SSNA") in the above-captioned
proceeding, and have personal knowledge of the matters set forth herein.
EXHIBIT A
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Case 3:03-cv-00597-IVIRK Document 103-2 Filed 11/19/2004 Page 2 of 4
2. Fact—witness discovery is not scheduled to close until December 31, 2004.
I SSNA has utilized and will continue to utilize this_perk>dd_of" stabh‘sMh, through mg
discovery, mtg ajg, that the Court has personal jurisdiction over CIR and Dry Products,
under, inte; gyja, Connecticut’s Long-Arm Statute, C.G.S.§33-929(f).
3. On July 28, 2004, SSNA sen/ed its First Set of interrogatories and Requests
for Production on the Third—Party Defendants, including CIR and Dry Products. The
written discovery requests sought, jnjg; @, information regarding the interrelationship
between CIR, Dry Products, Sasib Bakery and Sasib Food.
4. Pursuant to the Court’s November 1, 2004 Order, Dry Products and CIR
have supplemented their initial responses to the first written discovery requests. SSNA
has received these supplemental responses on or about November 10, 2004. We
continue to analyze these responses at the time this l\/lotion is filed.
5. On November 12, 2004, SSNA served Third Party PIaintiff’s Second Set of
interrogatories Directed to Third—Party Defendants Dry Products and CIR. These
second written discovery requests deal with issues pertaining to the exercise of
personal jurisdiction over the Dry Products and CIR, including jurisdiction under
Connecticut’s Long-Arm Statute, C.G.S.§33-929(f). The responses of Dry Products and
CIR are due on or about December 12, 2004.
6. On November 18, 2004, Plaintiff re-served Notices of Deposition on CIR
and Dry Products. The matters outlined in the Notices of Deposition detail both issues
pertaining to bakery line, which is the subject matter ofthe third—party complaint, and
- 2 ...
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Case 3:03-cv-00597-IVIRK Document 103-2 Filed 11/19/2004 Page 3 of 4
issues pertaining to the exercise of personal jurisdiction over Dry Products and CIR.
.... . The 3<><¤><6> ¤€¤¤S**l - - -
December 3, 2004.
7. SSNA will also be conducting the 30(b)(6) depositions of Sasib Bakery
and Sasib Food on November 17 and 18, 2004, wherein it intends to ask specific
questions pertaining to issues related to both the bakery line and, generally, issues
pertaining to the exercise of personal jurisdiction over Dry Products and CIR.
8. Because SSNA continues to diligently pursue discovery channels
regarding these personal jurisdiction issues, it cannot properly characterize its efforts as
unsuccessful at this juncture and, indeed, believes the l\/lotion for Summary Judgment
filed by Dry Products and CIR is premature.
9. SSNA has not completed its discoveiy regarding the exercise of personal
jurisdiction by this Court over CIR and Dry Products. Nevertheless, SSNA has a good
faith basis to believe that when discovery has been completed, genuine issues of
material fact will exist regarding the exercise of personal jurisdiction by this Court over
CIR and Dry Products.
10. As an example, upon information and belief, l\/lr. Alberto Piaser is the
Chief Executive Officer of both Dry Products and CIR. SSNA will not be given an
opportunity to question l\/lr. Piaser regarding issues pertaining to personal jurisdiction
and the averments he made in his declaration, dated October 26, 2004, until on or
about December 3, 2004. A nexus between CIR, Dry Products, Food Machinery
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Case 3:03-cv-00597-IVIRK Document 103-2 Filed 11/19/2004 Page 4 of 4
Medium Volume, S.p.A., Sasib Bakery, and Sasib Italia has been established by the
be ___s_a l
which may be one of a handful of possible bases that subject CIR and Dry Products to
the personal jurisdiction ofthe Court.
Pétrick l\/l. Birney M
On this 18th day of November, 2004, before me the undersigned Notary Public,
personally appeared Patrick Nl. Birney, to be the person whose name he subscribed to
the within affidavit and swore to the truth of its contents.
IN WITNESS WHEREOF, I hereunto set my hand and offlciil.
ommissioner of the S perior Court
Kle&ta,_,/ P ,»@ée#rz
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