Free Response - District Court of Connecticut - Connecticut

Case 3:02-cv-02006-WWE

Document 30

Filed 05/17/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

CENTERFOLDS, INC. AND MARIO PIROZZOLI, JR. v. TOWN OF BERLIN, BONNIE L. THERRIEN, IDA RAGAZZI, JOANNE WARD, JOSEPH ARESIMOWICZ AND LINDA CIMADON

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NO.: 3:02CV2006 (WWE)

May 16, 2004

DEFENDANTS' REPLY TO PLAINTIFFS' RULE 56(a)(2) STATEMENT OF MATERIAL FACTS IN DISPUTE 1. Defendants admit that they did not personally observe the "specified sexual activities" occur at the plaintiffs' premises. However, the department of liquor control officer testified under oath before the Town Council and was subject to crossexamination by plaintiffs' counsel. 2. Admitted 3. Admitted 4. Admitted that "material violation" is not defined in the ordinance. Defendants are unable to admit or deny rest as they do not understand plaintiffs' interpretation.

Case 3:02-cv-02006-WWE

Document 30

Filed 05/17/2004

Page 2 of 3

5. Admitted that the ordinance states no person may operate if license is not renewed. However, ordinance also states that the decision may be stayed pending appeal of a decision to do so. 6. Admitted that the ordinance states no person may operate if license is suspended. However, ordinance also states that the decision may be stayed pending appeal of a decision to do so. 7. Denied. 8. Denied. 9. Denied, as this portion of the ordinance has been stricken. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted that she was the Town Manager during the approval process.

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Case 3:02-cv-02006-WWE

Document 30

Filed 05/17/2004

Page 3 of 3

DEFENDANTS, TOWN OF BERLIN, BONNIE L. THERRIEN, IDA RAGAZZI, JOANNE WARD, JOSEPH ARESIMOWICZ AND LINDA CIMADON

By_______________________________ Melinda A. Powell ct17049 Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 522-9549 fax [email protected]

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 17th day of May, 2004. Norman A. Pattis, Esquire 51 Elm Street, Suite 409 New Haven, CT 06510

________________________________ Melinda A. Powell

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