Free Order on Motion to Strike - District Court of Connecticut - Connecticut

C 3: -02272 C Document 177 Filed 08/1 04 Page 1 0f1
\ UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT .
CROWN THEATRES, LP, : CIVIL ACTION NO.
p : 3:02-CV-2272 (AVC) 4
Plaintiff, : “
vs. E. ) °
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MILTON L. DALY, ET AL., : :::5****
: MAY 4, 2004 QQE ; 'I']
* Defendants. : " ···· ‘
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DEFENDANT ANNE DALY’S MQTIQN TQ
SUMMARY Q QDGMENT QFIDAVIT ...4 . ’ _¤
· Defendant Anne Daly in the above-entitled matter hereby moves the Court to
S strike Paragraphs 6-12 of the Declaration of Frederick C. Hamilton, together with
Exhibits 2-4 attached thereto, which affidavit was filed by the plaintiff in opposition to
the defendant’s motion for summary judgment and in support of the plaintiffs cross-
motion for summary judgment. Paragraphs'6-12 of the Hamilton affidavit and the
documents attached thereto present additional "expert reports" that were not disclosed
_ to the defendant in a timely fashion and which are inconsistent with Hamilton’s prior _
g J deposition testimony that is relied upon by the defendant in support of her motion i‘l for a
V summary judgment. For these reasons, which are discussed in more detail in the
accompanying Memorandum of Law in Support of Defendant Anne Daly’s Motion to
· tri _" Summa Judgment Affidavit, the offending portions of the Hamilton affidavit
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:02%/'22]/QTAVC) . August 23, 2004 . The defendant' s motion to
I striE" (glgcument no . 140) is DENIED. The defendant is granted
leave to depose the pla_in\‘_gi_ t, if necessary, at any time _ ` j
prior to trial . is » i ·¢,· ,, . v· p
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