Free Motion to Reopen Case - District Court of Connecticut - Connecticut

Case 3:02-cv-02103-DJS

Document 23

Filed 01/18/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LEGION INS. CO. V. ANDREA V. KAUFMAN, ET AL : : : CIVIL ACTION NO. 3:03CV2103 (DJS) JANUARY 14, 2005

MOTION TO REOPEN The plaintiff, Legion Insurance Company (In Rehabilitation), hereby respectfully moves the court to reopen the Order of Dismissal entered by the court on September 28, 2004. This is the plaintiff's second motion to reopen. In support hereof, the plaintiff represents that this declaratory judgment action, together with the underlying lawsuit giving rise to this declaratory judgment action, has been settled. However, the plaintiff currently is in rehabilitation/liquidation in the Commonwealth of Pennsylvania in a proceeding entitled M. Diane Koken, Insurance Commissioner, Commonwealth of Pennsylvania v. Legion Insurance Company, Case No. 183 M.D. 2002, and as a result of that Pennsylvania proceeding and the orders entered incident to that proceeding, the plaintiff has been unable to effect execution of the required release. The release form. which should be approved for use by the court in Pennsylvania, has been forwarded to the appropriate individuals for review. Once use of that release form is authorized, the parties can execute the release and the instant matter can be dismissed voluntarily. The parties to this lawsuit as well as the related lawsuits have worked diligently with Judge Garfinkel in an effort to settle these cases. The delay in finally effecting the

One Goodwin Square 225 Asylum Street Hartford, CT 06103

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

Case 3:02-cv-02103-DJS

Document 23

Filed 01/18/2005

Page 2 of 3

settlement has been occasioned by the court proceedings in Pennsylvania, proceedings over which the parties have no control. The undersigned is of the belief that the appropriate release forms can be executed within the next thirty days. Accordingly, it is respectfully requested that the court reopen the order of dismissal for an additional period of thirty days so as to permit the parties to finalize the settlement agreement.
THE PLAINTIFF: LEGION INSURANCE CO.

By

HALLORAN & SAGE LLP Fed. Bar #ct 03855 One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103

Daniel P. Scapellati of

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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 3:02-cv-02103-DJS

Document 23

Filed 01/18/2005

Page 3 of 3

CERTIFICATION This is to certify that on this the foregoing to: David P. Atkins, Esq. Zeldes, Needle & Cooper, P.C. 1000 Lafayette Boulevard P.O. Box 1740 Bridgeport, CT 06601-1740 Diane R. Polan, Esq. 129 Church Street, Suite 802 New Haven, CT 06510 Trudie R. Hamilton, Esq. Carmody & Torrance, LLP 50 Leavenworth Street P.O. Box 1110 Waterbury, CT 06721-1110 Nancy Aldrich, Esq. Aldrich & Aldrich 830 Post Road East P.O. Box 5182 Westport, CT 06881-5182 Jamie L. Mills, Esq. 10 Columbus Boulevard, 9th Floor Hartford, CT 06106 day of January, 2005, I hereby mailed a copy of

Daniel P. Scapellati
638948

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One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105