Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:00-cv-01124-WIG Document 175-5 Filed 05/21/2007 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DENISE EVARTS, : CIVIL ACTION NO.
: 3:00CV1124 (VVIG)
Plaintiff, :
THE SOUTHERN NEW ENGLAND
TELEPHONE COMPANY, :
Defendant. MAY 21, 2007
AFFIDAVIT IN SUPPORT OF
DEFENDANT’S MOTION FOR ORDER
Pursuant to D. Conn. L. Civ. R. 37(a)(2), the imdersigned counsel respectfully
represents:
1) I am over eighteen (18) years of age and believe in the obligations of an
oath.
2) I am an attorney for the defendant, the Southern New England Telephone
Company ("SNET"), in the above-captioned case.
3) Trial in this matter is scheduled to begin on June 6, 2007; the remaining
claim in this matter is whether SNET subjected plaintiff Denise Evarts to a hostile work
environment such that she was constructively discharged.
4) In SNET’s First Set of Interrogatories and Requests for Production, in
Interrogatory Nos. 11-13, SNET requested information regarding Ms. Evarts’s efforts to
obtain employment and her sources of income since leaving SNET.
5) Plaintiff responded to these requests in December 2000, and then testified
on these issues during her 2001 deposition; plaintiff] has not provided SNET with
supplemental responsive information to this tmdisputedly outdated information.

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Case 3:00-cv-01124-WIG Document 175-5 Filed 05/21/2007 Page 2 of 4
6) In its Second Set of Interrogatories and Requests for Production, in
Request No. 9, SNET requested "[c]opies of all applications" Ms. Evarts has made, and
copies of "all offers of employment in jobs related to the legal profession since leaving
SNET." Ms Evarts testified on this issue in her September 14, 2001 deposition, and in
her October 30, 2001 responses, Ms. Evarts referred SNET to her prior December 7, 2000
responses to discovery. Plaintiff has also failed to provide SNET with supplemental
responsive information to this undisputedly outdated information.
7) The undersigned e—mailed plaintiff s counsel on May 9, 2007 to request
that plaintiff update this information. Upon information and belief, attomey Lori
Alexander, who also represents SNET in this action, previously has requested that
plaintiffs counsel provide SNET with supplemental infomration regarding plaintiffs
attendance at law school, her employment, and her efforts to obtain employment.
8) In her response, plaintiffs counsel advised that she did not believe that
SNET was entitled to receive information on these issues, because plaintiff had decided
that she would not seek damages beyond three years post her resignation from SNET.
9) As detailed in SNET’s Memorandtun of Law in Support of Motion for
Order and for Expedited Consideration, this information is directly relevant to several of
plaintiff s claims. Further, plaintiff may not select a limited period for which to seek
damages in an attempt to prevent the jury from leaming that plaintiff is a lawyer who will
undoubtedly earn significantly more over her working life than she would have as a
technician at SNET.
10) SNET therefore today moves that this Court order plaintiff to update her
responses to the above referenced written discovery and to submit to a deposition limited
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Case 3:00-cv-01124-WIG Document 175-5 Filed 05/21/2007 Page 3 of 4
to the issue of her law school attendance, employment, and attempts to find employment
subsequent to her September 14, 2001 deposition.
\_
I., \N
Theresa Waugh
Subscribed to and sworn before me this mf day of May, 2007.
Notary Public
My Commission Expires:
J. DEFIGUEIREDO
IIAUI§§¥ARY Pwnc
mv commission sxnnss nov. $0.21111
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Case 3:00-cv-01124-WIG Document 175-5 Filed 05/21/2007 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was mailed by first-class mail,
postage prepaid to all counsel and pro se parties of record on this 21st day of May, 2007,
as follows: Karen Torre, Esquire, Law Offices of Karen Lee Torre, 51 Elm Street, Suite
307, New Haven, Connecticut 06510.
heresa M. Waugh
Federal Bar No. CT23559
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