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

Case 3:00-cv-00052-RNC

Document 143

Filed 06/20/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. MICHAEL BREEN, Defendant. : : CIVIL NO.: 3:00CV00052(RNC) ALL CASES

MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. TOWN OF NORTH BRANFORD Defendant. : : CIVIL NO.: 301CV00229 (RNC) JUNE 20, 2005

PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION IN LIMINE RE TESTIMONY BY OR RELATING TO JACK KELLY Defendant Breen testified at his deposition that before filing his police report he met "once or twice" with his attorney, Mr. Kelly. It has long been established that this fact is not privileged, United States v. Pape, 144 F.2d 778, 783 (2d Cir. 1944). Plaintiff's testimony that he had one or two meetings "but no more" with Mr. Kelly would be a waiver in any case. See Deposition of Michael Breen, July 12, 2000, 54-56 (attached at tab 1). The only issue is relevance, and the testimony is relevant to show that Breen had a full opportunity to prepare his report with scrupulous care, including access to any resources ­ such as counsel ­ that he deemed appropriate. Because his report is the central document in the case, 1

Case 3:00-cv-00052-RNC

Document 143

Filed 06/20/2005

Page 2 of 2

plaintiff should be given an opportunity to develop fully the fact that Breen had all the resources he might wish for available to him as he was preparing it.

THE PLAINTIFF

By /s/ David N. Rosen David N. Rosen 400 Orange Street New Haven, Connecticut 06511 (203) 787-3513 CT00196 E-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing Memorandum was sent first class mail, postage prepaid on June 20, 2005 to:

Thomas R. Gerarde, Esquire Howd & Ludorf 65 Wethersfield Avenue Hartford, Connecticut 06114

/s/ David N. Rosen David N. Rosen

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