Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:01-cv-02158-WWE

Document 135-7

Filed 10/26/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DONALD WAINRIGHT, ET AL. Plaintiffs v. OSM COMMUNICATIONS, ET AL. Defendants : : : : : : : CIVIL ACTION NO. 3:01 CV 02158 (WWE)

OCTOBER 25, 2005

PLAINTIFF JANET WAINRIGHT'S OBJECTION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT Pursuant to Fed. R. Civ. Pro. 56, the plaintiff, JANET WAINRIGHT, hereby objects to the motions for summary judgment filed by defendants ISRAEL POLANSKY, ANNE POLANSKY, ROBERT POLANSKY and OSM COMMUNICATIONS, INC. The plaintiff submits that there are disputes as to material facts necessary to disposition of the defendants' claims. Contrary to the defendants' arguments, under either Connecticut or New York substantive law, there is cause to pierce the corporate veil and hold the defendants personally responsible. Furthermore, under either Connecticut or New York law, the Statute of Frauds will not preclude the plaintiffs' claims. Likewise, defendant OSM Communications, Inc. is not entitled to summary judgment on its counterclaims. Accordingly, summary judgment is not appropriate and the defendants are not entitled to judgment as a matter of law in their favor. This objection is supported by the plaintiffs' previously-filed affidavit, excerpts from deposition transcripts, and exhibits previously-filed by the plaintiffs. A memorandum of law accompanies this objection. WHEREFORE, in the interests of justice and fairness, this Court should sustain the instant objection and not enter judgment as a matter of law in the defendants' favor.

Case 3:01-cv-02158-WWE

Document 135-7

Filed 10/26/2005

Page 2 of 2

THE PLAINTIFF, JANET WAINRIGHT

By:

/S/ __________________________________________ Robert E. Arnold, III, Esq. 205 Church Street Suite 310 New Haven, Connecticut 06510 (P)203-777- 3000 (F) 203-755-0036 Federal Bar No. 18093

CERTIFICATION This is to certify that a true copy of the foregoing was sent via regular U.S. Mail, postage prepaid, to the following counsel of record, on October 26, 2005:

Michael P. Goldsmith, Esq. 38 West 21st Street New York, New York 10010-6977 J. Michael Sulzbach, Esq. 385 Orange Street New Haven, CT 06511 /S/ ____________________________________ Robert E. Arnold, III

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