Objection to Dismissal Without Sanctions -- 12-23-11

8/3/2019 Objection to Dismissal Without Sanctions -- 12-23-11

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LYNCH , TRAUB , KEEFE AND ERRANTE , P . C. ATTORNEYS AT LAW 52 TRUMBULL S TREET P .O. BOX 1612 NEW HAVEN , CONNECTICUT 06506-1612

TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF CONNECTICUT

MARCIA CHACON, ET AL., : CIV. NO. 3:10 CV 1692 (JBA)Plaintiffs, :

:v. :

:EAST HAVEN POLICE DEPARTMENT, ET :AL., :

Defendants. : DECEMBER 23, 2011

DEFENDANTS OBJECTION TO PLAINTIFFS MOTION TO DISMISS

Pursuant to Fed.R.Civ.P. Rule 41(a)(2), the defendants, Dennis Spaulding, David

Cari, Jason Zullo, the Town of East Haven, and the East Haven Police Department

(hereinafter EHPD) , respectfully submit this objection to Plaintiffs Motion to Dismiss

dated December 12, 2011 on the following grounds:

1. The plaintiff Yadanny Garcia requests this Court to dismiss his claims in

this case pursuant to Rule 41(a)(2) with prejudice but without costs.

2. In the plaintiffs October 26, 2010 Complaint, Mr. Garcia alleged that on

August 8, 2009, he was traveling as a passenger in his cousins vehicle. He and his

cousin stopped at a restaurant to use the restroom. While standing outside the

restaurant, Mr. Garcia claimed that Officers Zullo, Montagna, Sorbo and Lennon ran at

him yelling get on the ground. When Officer Zullo arrived, Mr. Garcia alleged that

Case 3:10-cv-01692-JBA Document 90 Filed 12/23/11 Page 1 of 4


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explanation and without any sanction for filing such a meritless claim. This should not

be permitted by the court.

6. These defendants do not object to the dismissal with prejudice of all

claims against defendants Frank Montagna, Edward Lennon and Michael Sorbo.

However, these defendants object to Mr. Garcia being permitted to make and then

withdraw such outlandish claims without any costs or sanctions whatsoever to him.

THE DEFENDANTSDENNIS SPAULDING, DAVID CARI,JASON ZULLO, TOWN OF EAST HAVEN &EAST HAVEN POLICE DEPARTMENT,

/s/ HUGH F. KEEFEHUGH F. KEEFEFederal Bar No. ct05106NANCY F. MYERSFederal Bar No. ct24353

Lynch, Traub, Keefe, & Errante52 Trumbull StreetNew Haven, CT 06510Phone: (203) 787-0275Fax: (203) 782-0278



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CERTIFICATE OF SERVICE

I hereby certify that on December 23, 2011, a copy of the foregoing was filed

electronically and served by mail on anyone unable to accept electronic filing. Notice of

this filing will be sent by e- mail to all parties by operation of the Courts electronic filing

system or by mail as indicated on the Notice of Electronic Filing. Parties may access

this filing through the Courts CM/ECF System.

/s/ HUGH F. KEEFE


Documents

Objection to Dismissal Without Sanctions -- 12-23-11