Free Response - District Court of Connecticut - Connecticut

Case 2:89-cv-00570-PCD

Document 136

Filed 02/08/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

WILLIAM ROE, ET AL., Plaintiffs v. MICHAEL HOGAN, ET AL., Defendants

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CIVIL ACTION NO. H89-570 (PCD)

February 7, 2008

DEFENDANTS' MEMORANDUM IN OPPOSITION TO MOTION FOR APPOINTMENT OF COUNSEL The defendants hereby oppose Kenneth B. Ruggles' Motion for Appointment of Counsel, dated January 7, 2008, for the following reasons: The Federal Rules of Civil Procedure require that the legal interests of a class be at all times represented by qualified, experienced counsel designated by the court. See Foe v. Cuomo, 892 F.2d 196, 198 (2d Cir. 1989), cert. denied 498 U.S. 972 (1990); U.S. Trust Co. of New York v. Alpert, 163 F.R.D. 409, 417 (S.D.N.Y. 1995). The Connecticut Civil Liberties Union (CCLU) has been designated by the Court as class counsel in the instant action. At no time from the initiation of the suit until the present has the status of the CCLU as class counsel changed. Consequently, although the Court has permitted individual plaintiffs to file motions seeking compliance with the Consent Order in this case on their own behalf, the legal interests of the plaintiff class has been and must be represented by the CCLU and any legal action taken on behalf of the plaintiff class, other than by plaintiffs themselves, must be taken by the CCLU. In short, the plaintiffs are already represented by counsel that the Court has determined to be qualified to represent the interests of all plaintiffs. As a result, the Motion for Appointment of Counsel filed by Mr. Ruggles is both unnecessary and inappropriate and should be denied.

Case 2:89-cv-00570-PCD

Document 136

Filed 02/08/2008

Page 2 of 3

DEFENDANTS

RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

/s/ Thomas J. Ring_______________ Thomas J. Ring Assistant Attorney General Federal Bar No. ct08293 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5210 Fax: (860) 808-5385 [email protected]

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Case 2:89-cv-00570-PCD

Document 136

Filed 02/08/2008

Page 3 of 3

CERTIFICATION

I hereby certify that a copy of the foregoing Memorandum in Opposition to Motion for Appointment of Counsel was mailed in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on this 7th day of February, 2008 to: Mr. Kenneth B. Ruggles P.O. Box 351 Middletown, CT 06457 Attorney Philip D. Tegeler Connecticut Civil Liberties Foundation 32 Grand Street Hartford, CT 06106 Assistant Attorney General Jacqueline Hoell 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120

/s/ Thomas J. Ring________________ Thomas J. Ring Assistant Attorney General

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