Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

s Case 3:02-cv-02200-CFD Document 67 Filed 1 1/15/2004 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR TI-[E DISTRICT OF CONNECTICUT
CARLOS A. ARREDONDO, in his capacity as _
Trustee of The 2000 Trust for the Grandchildren of
Carlos A. Arredondo and Mari V. Arredondo,
General Partner of Arredondo Properties Limited
Partnership,
Plaintiff,
CIVIL ACTION FILE
v.
NO. 3:02 CV 2200 (CFD)
CAESAR A. ARREDONDO, individually and in
his capacity as Trustee of The 2000 Trust for the
Grandchildren of Caesar A. Arredondo and Carolyn Filed: November I2, 2004
Abad Arredondo; THE 2000 TRUST FOR THE
GRANDCHILDREN OF CAESAR A.
ARREDONDO AND CAROLYN ABAD
ARREDONDO, in its capacity as General Partner
of Arredondo Properties Limited Partnership; and
ARREDONDO & CO., LLC,
Defendants.
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Plaintiff Carlos A.
Arredondo ("Plaintiff"), in his capacity as Trustee of The 2000 Trust for the Grandchildren of
Carlos A. Arredondo and Mari V. Arredondo (the "2000 Carlos Trust"), General Partner of
Arredondo Properties Limited Partnership ("APLP"), moves this Court for summary judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff seeks summary judgment
on his claim for a declaratory judgment under 28 U.S.C. § 2201 that APLP is the true and
exclusive owner of certain marks, including WESTY and WESTY’S, and for relief necessary to
presewe and protect APLP’s exclusive ownership ofthe marks. Plaintiff further seeks summary
ORAL ARGUMENT REQUESTED!
TESTIMONY NOT REQUIRED

r _. Case 3:02-cv-02200-CFD Document 67 Filed 1 1/15/2004 Page 2 of 3
judgment on his claim that he is entitled to reimbursement of his costs and attorneys’ fees
incurred in this action from APLP, regardless of whether he wins or loses on his declaratory
judgment claim, pursuant to the APLP Partnership Agreement and Connecticut partnership law.
The grounds for this Motion are set forth in full in the accompanying Memorandum of
Law, and are supported by the exhibits hereto, including the Second Declaration of Carlos A. I
Arredondo, and other discovery of record in this case that is being submitted separately to the
Court, including the transcripts ofthe depositions of Carlos A. Arredondo and Caesar A.
Arredondo.
Respectfully submitted this 12th day of November, 2004.
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M. JULIET BONAZZOLI (ct21394)
CUMMINGS & LOCKWOOD LLC
Four Stamford Plaza, P.O. Box 120
Stamford, Connecticut 06904-0120
Ph (203)327-1700
Fx (203) 708-5647
OF COUNSEL:
MARTIN J. ELGISON ct24759
DAVID J. STEWART ct24757
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Ph (404) 881-7000
Fx (404) 881-7777
Counsel for Plaintiff
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ATL01fll790331vl

*‘ . Case 3:02-cv-02200-CFD Document 67 Filed 1 1/15/2004 Page 3 of 3
CERTIFICATE OF SERVICE
I certify that on this day of November, 2004, a true and correct copy ofthe
foregoing PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT was served
upon cotmsel for Defendants, by the manner indicated, addressed as follows:
Craig A. Raabe (First Class Mail)
ROBINSON 8:: COLE LLP
280 Trumbull Street
Hartford, CT 06103
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uliet
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