Free Motion to Strike - District Court of Connecticut - Connecticut

Case 3:02-cv-01960-EBB

Document 52

Filed 06/18/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SEAN A. LOVE Plaintiff v. TOWN OF GRANBY, DOUGLAS CLARK and ROBERT CASTLE Defendants : : : : : : : : CASE NO. 302CV1960 (EBB)

JUNE 17, 2004

MOTION TO STRIKE PLAINTIFF'S EXHIBIT The Defendants, Town of Granby, Douglas Clark and Robert Castle, hereby submit this Motion to Strike Plaintiff's Exhibit. The Defendants submit that the Plaintiff, Sean A. Love, improperly attached the statement of Ky Schieb to his Opposition to Motion for Summary Judgment. The Defendants argue that the court should strike the statement of Ky Schieb, which is Exhibit F of Plaintiff's Opposition to Motion for Summary Judgment, because it is inadmissible hearsay. Additionally, the statement is improper because it is unsworn and does not purport to acknowledge that its contents are true, under the penalty of perjury. The reasons that support this Motion are more fully set forth in the accompanying Memorandum of Law.

Case 3:02-cv-01960-EBB

Document 52

Filed 06/18/2004

Page 2 of 3

For the foregoing reasons, the Defendants, Town of Granby, Douglas Clark and Robert Castle, respectfully request that the court should grant their Motion to Strike.

THE DEFENDANTS, TOWN OF GRANBY, DOUGLAS CLARK and ROBERT CASTLE

By:_______________________________ JOSEPHINE A. SPINELLA Silvester & Daly 72 Russ Street Hartford, CT 06106 Tel. (860) 278-2650 Federal Bar No. CT24009

Case 3:02-cv-01960-EBB

Document 52

Filed 06/18/2004

Page 3 of 3

CERTIFICATION I, Josephine A. Spinella, attorney for the Defendants, hereby certify that a copy of the foregoing has been mailed, postage prepaid, in the United States Mail, this 17th day of June, 2004 to: Patsy M. Renzullo 65 Elm Street P.O. Box 718 Winsted, CT 06098

By:_________________________ JOSEPHINE A. SPINELLA Silvester & Daly
Nai-love/mot. to strike.061704