Free Motion to Strike - District Court of Connecticut - Connecticut

Case 3:02-cv-02272-AVC

Document 147

Filed 05/21/2004

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT CROWN THEATRES, LP, Plaintiff, VS. MILTON L. DALY, ET AL., Defendants. : : : : : : : : : CIVIL ACTION NO. 3:02-CV-2272 (AVC)

MAY 21, 2004

DEFENDANTS MILTON L. DALY AND TAYLOR-LEIGH, INC.'S MOTION TO STRIKE SUMMARY JUDGMENT MATERIALS Defendants Milton L. Daly and Taylor-Leigh, Inc. in the above-entitled matter hereby move the Court to 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 as Exhibit J in support of the plaintiff's motion for summary judgment dated April 30, 2004. 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 deposition testimony that is relied upon by defendant Anne Daly in support of her motion for a summary judgment. In addition, the defendants further move to strike the purported "Kroll Zolfo Cooper Updated Analysis," which has been filed by the plaintiff as Exhibit H in support of the plaintiff's motion for summary judgment dated April 30, 2004, for the reason that document purports to present additional expert evidence that were not disclosed to the

Case 3:02-cv-02272-AVC

Document 147

Filed 05/21/2004

Page 2 of 3

defendant in a timely fashion and for the additional reason that such information has not been filed in conformity with Rules 56(c) and (e) of the Federal Rules of Civil Procedure. In support of this motion, defendants Milton Daly and Taylor-Leigh, Inc. rely on the accompanying Memorandum of Law in Support of Motion to Strike Summary Judgment Materials. Accordingly, for these reasons, the offending portions of the

Hamilton affidavit (and attached documents) and so-called "Updated Analysis" should be stricken by the Court and disregarded by the Court in its determination of the pending motion for summary judgment DEFENDANTS, MILTON L. DALY AND TAYLOR-LEIGH, INC.

By_______________________ Kerry M. Wisser of WEINSTEIN & WISSER, P.C. 29 South Main Street, Suite 207 West Hartford, CT 06107 Telephone No. (860) 561-2628 Facsimile No. (860) 521-6150 Federal Bar No. ct01205

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Case 3:02-cv-02272-AVC

Document 147

Filed 05/21/2004

Page 3 of 3

CERTIFICATION This is to certify that on the 20th day of May, 2004, a copy of the foregoing was served upon the following counsel of record by way of First Class Mail, postage prepaid: Harold James Pickerstein, Esquire Jodi Zils Gagne, Attorney Pepe & Hazard 30 Jelliff Lane Southport, CT 06890-4000 Craig C. Martin, Esquire Lawrence S. Schaner, Esquire Jenner & Block One IBM Plaza Chicago, IL 60611-7603 Mark Seiden, Esquire Marisa Lanza, Attorney Milber Makris Polusadis & Seiden, LLP 108 Corporate Park Drive, Suite 200 White Plains, NY 10604 Robert M. Frost, Jr., Esquire Zeldes, Needle & Cooper 1000 Lafayette Boulevard Bridgeport, CT 06601

___________________________ Kerry M. Wisser

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