Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 2:89-cv-00859-AHN

Document 459

Filed 01/08/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ********************************* : JUAN F., ET AL. : : Civil Action No. 2-89-859 (AHN) Plaintiffs, : : v. : : JOHN G. ROWLAND : January 8, 2004 : : Defendants. ********************************* MOTION FOR RECONSIDERATION OF COURT ORDER The Defendants respectfully move that the court to reconsider its Order, proposed by D. Ray Sirry, Juan F. Court Monitor, and adopted and ordered by the court (Nevas, J.) on December 23, 2003 (the December 23 Order). The proposed order presented the court with an Exit Plan pursuant to Juan F. v. Rowland, Order No. 447, dated October 7, 2003 (the "October 7 Order"), to which Order the parties had stipulated. The grounds for this motion are that:

ORAL ARGUMENT REQUESTED TESTIMONY REQUIRED

Case 2:89-cv-00859-AHN

Document 459

Filed 01/08/2004

Page 2 of 4

1.

The Defendants were not afforded with notice or an opportunity to be

heard with respect to the December 23 Order, although the entry of the Order affected their substantive rights and important interests, thus depriving the Defendants of basic Due Process. 2. The Exit Plan itself was issued pursuant to, and is authorized by, the

October 7 Order. The October 7 Order, however, does not authorize the adoption of the Exit Plan as an order of the court. Defendants respectfully submit that the court should have considered this fact in entering the December 23 Order. 3. Provisions contained in the Introduction to the Exit Plan exceed the scope

of the Exit Plan authorized by the October 7 Order, and a provision of the Introduction offends the constitution and laws of the State of Connecticut. The Defendants submit herewith a Memorandum of Law in support of this motion.

{W1282472}

2

Case 2:89-cv-00859-AHN

Document 459

Filed 01/08/2004

Page 3 of 4

RESPECTFULLY SUBMITTED, THE DEFENDANTS,

BY:

/s/ Ann H. Rubin______________________ Ann H. Rubin FOR: CARMODY & TORRANCE LLP 195 Church Street; 18th Floor P.O. Box 1950 New Haven, CT 06509-1950 Tele: (203) 777-5501 Fax: (203) 784-3199 [email protected] Federal Bar No. ct04486 Their Attorneys

{W1282472}

3

Case 2:89-cv-00859-AHN

Document 459

Filed 01/08/2004

Page 4 of 4

CERTIFICATION This will certify that the foregoing was mailed, postage prepaid, on the above date, to the following: D. Ray Sirry Juan F. Court Monitor 300 Church Street 4th Floor Wallingford, CT 06492 Martha Stone, Esq. Center for Children's Advocacy, Inc. University of Connecticut School of Law 65 Elizabeth Street Hartford, CT 06105 David Atkins, Esq. Zeldes, Needle & Cooper 1000 Lafayette Boulevard P.O. Box 1740 Bridgeport, CT 06601-1740 Ira P. Lustbader, Esq. Children's Rights, Inc. 404 Park Avenue South New York, NY 10016

Ann H. Rubin

{W1282472}

4