Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:00-cv-00230-SRU

Document 91

Filed 03/08/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

CLAUDIOUS CHANNER; Plaintiff VS. RICHARD BLUMENTHAL; JANET RENO; CITY OF HARTFORD; JAMES MARKOWSKI; DETECTIVE PERODEAU; DETECTIVE MERRITT; DETECTIVE WOLF; DETECTIVE ELLIS; SERGEANT CAGIANELLO, ET AL Defendants

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CIVIL ACTION NO. 3:00 CV230 (SRU)(WIG)

MARCH 5, 2004

MOTION TO STAY DISCOVERY PENDING DEFENDANT CITY OF HARTFORD'S MOTION FOR SUMMARY JUDGMENT The undersigned defendant, City of Hartford ("City"), respectfully moves this Court for a stay of all discovery, including but not limited to interrogatories, production requests and requests to admit, until such time as the Court has ruled on the defendant's Motion for Summary Judgment dated November 13, 2003. In support of this motion, the defendant submits the following. On November 13, 2003, the undersigned defendant filed a Motion for Summary Judgment (docketed as a Motion to Dismiss [doc #77]) and supporting Memorandum of

One Goodwin Square 225 Asylum Street Hartford, CT 06103

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Case 3:00-cv-00230-SRU

Document 91

Filed 03/08/2004

Page 2 of 4

Law. The pending Motion for Summary Judgment challenges the plaintiff's sole remaining claim of false imprisonment under 42 U.S.C. § 1983. Since the filing of the defendant City's summary judgment, the plaintiff has filed two motions in which he is seeking to compel discovery; specifically, on December 18, 2003, the plaintiff filed a Motion Seeking Discovery (doc #80) and on December 29, 2003, the plaintiff filed a Motion Seeking to Compel Discoveries (doc #82). On February 17, 2004, the defendant received a document entitled "Third Set of Interrogatories" dated February 12, 2004. Exh. A. The City again argues that the deadline set forth in the Scheduling Order has long expired. The plaintiff has had ample opportunity to conduct discovery and the newly requested discovery will not assist the plaintiff in objecting to the defendant's summary judgment. Because of the present uncertainties in this case, the City requests the Court stay discovery pending a ruling on the Summary Judgment. Courts have granted stays of discovery pending a validly filed summary judgment. In re Rockefeller Center Properties v. Rockefeller Center Properties, 2002 WL 31086107 (2d Cir. NY) (denying request for additional discovery regarding overcharges was not abuse of discretion prior to ruling on summary judgment where mere speculation is presented that discovery would yield evidence of legally cognizable mistakes); Stoner v. The New York City Ballet Company, 1999 WL 1018075 (S.D.N.Y.); Bourdon v. Roney, et al., 2003 WL 21058177 (N.D.N.Y.) (stay of discovery was continued awaiting ruling of renewed motion for summary judgment). To prevent
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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:00-cv-00230-SRU

Document 91

Filed 03/08/2004

Page 3 of 4

economical waste, the defendant City claims that pursuant to Fed. R. Civ. P. 26(c), this Court has the authority to "make any order which justice requires to protect a party or person from ... expense." The defendant City requests that, based on the arguments outlined above, this matter be stayed until such time as the pending Motion for Summary Judgment is ruled on since the requested discovery is unnecessary and economically wasteful.

DEFENDANTS, CITY OF HARTFORD

BY: __________________________ Eric P. Daigle Fed. Bar No. ct23486 HALLORAN & SAGE LLP One Goodwin Square Hartford, CT 06103 Tele: (860) 522-6103 [email protected]

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:00-cv-00230-SRU

Document 91

Filed 03/08/2004

Page 4 of 4

CERTIFICATION This is to certify that on this 5th day of March, 2004, the foregoing was either mailed, postpaid, or hand-delivered to: Claudious W. Channer Inmate #15148 P.O. Box 100 Somers, CT 06071 Richard T. Biggar, Esq. Attorney General's Office Public Safety & Special Revenue MacKensie Hall 110 Sherman Street Hartford, CT 06105 David J. Sheldon Assistant United States Attorney P.O. Box 1824 New Haven, CT 06508-1824

_________________________ Eric P. Daigle
523180.1

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Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105