Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

I · Case 3:02-cv—O2(@-RNC Document 28 Filed 11/@@003 Page 1 of 4
5*- *2 iT
as y, aaaa ki 4_a1 Ei N
. 21353 isiE§i`*.' l E3 ID 2r Hub
.UN.?.!Z.E f.3§ZS'$`?'€;%{J`§` fj1ill..¥i`·€`.Y `
_Q;,STRIcT OF coxmmcrrcuw g?·,§iq`i`{i`(Ji?{§] L; L
A DANBURY INSURANCE COMPANY : L CIVIL ACTION ‘ ` `
E Plaintiff ¢ NO· ·‘ G'-A-`Qx/' Q~C>q.7 K7
VS · {
JASON GINNETTI :
Defendant : NOVEMBER 11, 2003
SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF .
MOTIONS TO AMEND ORDER REGARDING CASE MANAGEMENT PLAN '
AND COMPLAINT DATED SEPTEMBER 3, 2003
Pursuant to Rule 15 of the Federal Rules of Civil
Procedure, Rule 9(b) of the Local Rules of Civil Procedures and
_ this Honorable Court’s inherent discretion; the undersigned
submits this supplemental memorandum of law in support of the :
motion to amend both the Case Management Plan as to pleadings g
and the motion to amend the complaint.
The Honorable Robert N. Chatigny, U.S.D.J.'s Order
Regarding Case Management Plan issued on February 24, 2003 Q
i
limited the time to amend pleadings. The undersigned, in
preparation o£ its motion for summary judgment that was filed U
on September 8, 2003, when reviewing the discovery that had
E
l
DEL EBOLE B: DEL SOLE, LLP • ATTORNEYS AT LAW T
46 SOUTH WHITTLESEY AVENUE • WALLINGFORD. CT 06492-4102 • JURIS N0. IOIGT4 • (203) 785-8500 I
X
7;;;,, ..;;__ r_ __ W U H U N H H 7 - 7 - 7 - 7 - 7 - 7 - 7
U V 7 - DLQV fr}-- ~ --;r .. A __ _, __ _' __ M U 7 - 7 - H U H U H U

. Case 3:02-cv-O2@RNC Document 28 Filed ‘| `I/`Ié@)O3 Page 2 0f 4
l
1
been accomplished in pursuit of that motion realized certain
l scrivener*s errors and modification to the factual allegations
T I
was necessary for the pleadings to conform to the proof
presented in the motion for summary judgment. No new legal
theories were advanced in the proposed amended complaint.
The defendant did not nor has objected to either the
motion to amend the Case Management Plan or the motion to amend i
the complaint that was filed on September 3, 2003. In fact,
the defendant himself with the consent of the undersigned
A plaintiff sought an amendment of the Case Management Plan,
which was granted by this Honorable Court on September 23,
2003.
The purpose of Rule 15 is to provide for a full and fair
hearing on the merits of a case. The rule in the Second
Circuit is to freely allow a party to amend its pleadings in
the absence of a showing by the non—movant of prejudice or bad
faith. Block v. First Blood Associates, 988 F. 2d 344, 350 (2d
Cir. 1993); State Teachers Retirement Board vs. Fluor Corp.,
654 F. 2d 843, 856 (2d Cir. 1981), As the defendant has not {
i
l
nan. soma ae DEL sore, |..|..1=• • ATTORNEYS AT mw
46 SOUTH WHITTLESEY AVENUE • WALLINGFORD, GT 06492-4I02 • JURIS NO. IO1674 • (2.03) 785-S500 I
w

1 , A Case 3:02-cv-O20g7>FlNC Document 28 Filed 11/167Q)O3 Page 3 of 4 `
- l
i
objected to this amendment no prejudice exists. In addition, g
the undersigned only noticed the necessity of the amendment
upon conclusion of discovery and in preparation of its motion
for summary judgment. The amendment which seeks only to add or
modify factual allegations and does not seek to add or alter ,
the legal theories at issue and therefore will not result in
any delay in these proceedings.
WHEREFORE, all of the aforesaid reasons, the undersigned
moves that the motion to amend the Case Management Plan and
motion to amend the complaint both dated September 3, 2003 be {
I
granted. [
_ 1
RESPECTFULLY SUBMITTED ON BEHAL
THE PLAINTIFF,
DANBURY INSURAN MP
BY
NE GE MARTINEAU
DEL SO & DEL SOLE, L.L.P.
46 S H WHITTLESEY AVENUE
WALLINGFORD, CT 06492
(203) 284~8000 j
FEDERAL BAR NO. CtO768O j
E
DEL SOLE 8: DEL SOLE, LLP • ATTORNEYS AT LAW
45 SOUTH WHITTLESEY AVENUE • WALLINGFQRD, CT 06492—4i02 • JURIB NO. |0I6’74 • (203} 785-8500
W

. _ o — Case 3:02-cv—02(@@RNC Document 28 Filed 11/1@O3 Page 4 of 4
l E
CERTIFICATION I
I hereby certify that a copy of the foregoing has been
mailed postage prepaid on this date to the following: `
Charles B. Angelo
Antollino, Angelo & Scalesse
500 East Main Street
Branford, CT 06405
ene Martineau `
!
I

l
l
i
l
\
l
l
l
\
DEL SOLE Be DEL SOLE, LLP • A·r·ronN¤vs wr 1.Aw
48 SOUTH WHITTLESEY AVENUE: • WALLINGFORD, c·r 06492-41¤2 • JURIS N0. 101674 · (203) 185-ssoo \
i