Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:02-cv-02243-JCH

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT OCTAVIA E. PLESNIK, Plaintiff, v. ISBELLA LACY, et al., Defendants, : : : : : AUGUST 6, 2004 CIVIL NO. 3:02CV2243(JCH)

NOTICE TO PRO SE PLAINTIFF Today the defendants filed a motion dismiss. This motion

may be converted to a motion for summary judgment, if the Court decides that is appropriate. Since you have appeared pro se

(without an attorney), the Defendants are required to give you notice of the nature of summary judgment and the consequences of failing to respond to a motion for summary judgment. Accordingly, you are hereby notified that if you fail to file an opposing memorandum of law, the Court will accept as true all factual assertions made by the defendant in support of its motion for summary judgment. If you wish to file an opposing

memorandum of law, you will also need to submit your own affidavit(s) and other documentary evidence contradicting what the defendant has said. If you submit a supporting affidavit(s),

it must be based upon personal knowledge and set forth facts that are admissible in evidence. You must also show that the person You may also

making the affidavit is competent to testify.

support your affidavit(s) or contradict the defendants with

Case 3:02-cv-02243-JCH

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Filed 08/06/2004

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depositions, answers to interrogatories or further affidavits. When a motion for summary judgment is filed, it is not enough for you to rely on what you have previously filed instead of filing an opposing memorandum of law. If you intend to file an opposing memorandum of law, please be advised that your memorandum must be filed within 21 days of when the defendant filed its motion for summary judgment. Otherwise, your failure to file within 21 days may be deemed sufficient cause to grant the motion for summary judgment. Conn. L. Civ. R. 7(a)1. D.

Where service of the motion for summary

judgment is by mail, "3 days shall be added to the prescribed period." Fed. R. Civ. P. 6(e). The last day of the time period

so computed is not included if it is a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a).

If you have any questions regarding the procedure for filing a memorandum of law, you should contact the Clerk of Court. Please note, however, that the Clerk of Court can not give you any legal advice.

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Case 3:02-cv-02243-JCH

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Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

By:

ANN M. NEVINS ASSISTANT UNITED STATES ATTORNEY

For: CAROLYN A. IKARI ASSISTANT U.S. ATTORNEY 450 Main Street, Room 328 Hartford, Connecticut 06103 (860) 947-1101 Federal Bar No. ct13437

CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid, via first-class mail, this 6th day of August, 2004, to: Octavia E. Plesnik 5 Perth Street, #20 Dorchester, MA 02121

By:

ANN M. NEVINS ASSISTANT UNITED STATES ATTORNEY

For: CAROLYN A. IKARI ASSISTANT UNITED STATES ATTORNEY

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