Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:03-cv-00471-DJS

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ISAAC L. SMITH, Plaintiff, v. : JOHN E. POTTER, POSTMASTER GENERAL OF THE UNITED STATES, : Defendant. : NOVEMBER 24, 2003 : : CIVIL NO. 3:03CV00471(DJS)

NOTICE TO PRO SE PLAINTIFF Today the defendant filed a motion for judgment on the pleadings. This motion may be converted to a motion for summary Since you

judgment, if the Court decides that is appropriate.

have appeared pro se (without an attorney), the Defendant is required to give you notice of the nature of summary judgment and the consequences of failing to respond to the motion for summary judgment. Accordingly, you are hereby notified that if you fail to file an opposing memorandum of law, the Court will accept as true all factual assertions made by the defendant in support of its motion for summary judgment. If you wish to file an opposing

memorandum of law, you will also need to submit your own affidavit(s) and other documentary evidence contradicting what the defendant has said. If you submit a supporting affidavit(s),

it must be based upon personal knowledge and set forth facts that are admissible in evidence. You must also show that the person

Case 3:03-cv-00471-DJS

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making the affidavit is competent to testify.

You may also

support your affidavit(s) or contradict the Government with depositions, answers to interrogatories or further affidavits. When a motion for summary judgment is filed, it is not enough for you to rely on what you have previously filed instead of filing an opposing memorandum of law. If you intend to file an opposing memorandum of law, please be advised that your memorandum must be filed within 21 days of when the defendant filed its motion for summary judgment. Otherwise, your failure to file within 21 days may be deemed sufficient cause to grant the motion for summary judgment. Conn. L. Civ. R. 7(a)1. D.

Where service of the motion for summary

judgment is by mail, "3 days shall be added to the prescribed period." Fed. R. Civ. P. 6(e). The last day of the time period

so computed is not included if it is a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a).

If you have any questions regarding the procedure for filing a memorandum of law, you should contact the Clerk of Court. Please note, however, that the Clerk of Court can not give you any legal advice. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

CAROLYN A. IKARI ASSISTANT U.S. ATTORNEY 450 Main Street, Room 328

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Hartford, Connecticut 06103 (860) 947-1101 Federal Bar No. ct13437

Of Counsel: Joseph P. Sassi Attorney United States Postal Service 8 Griffin Road North Windsor, Connecticut 06006-0170

CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid, via first-class mail, this 24th day of November, 2003, to: Isaac L. Smith 40 Sycaway Street West Haven, Connecticut

06516

________________________________ CAROLYN A. IKARI ASSISTANT UNITED STATES ATTORNEY