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

Case 3:03-cv-00671-DJS

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Filed 12/19/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : : : v. : : ROBERT BERGER, JOHN RYAN, : JANET WILLIAMS, SYLVIA CANCELA, : SUSAN BLAIR : Defendants :

ROY SASTROM & ROBERT KALMAN Plaintiffs

PRISONER CIVIL ACTION NO. 3:03 CV 671 (DJS)(TPS)

December 18, 2003

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO STAY DISCOVERY The defendants, Robert Berger, John Ryan, Janet Williams, and Sylvia Cancela, do not object to the plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Stay Discovery. The defendants are filing this response to clarify the plaintiff's representation in his motion for extension of time that he does not have access to a law library at Whiting Forensic Institute ("Whiting"), a maximum-security mental health facility operated by the Department of Mental Health and Addiction Service to which the plaintiff is confined. Contrary to the plaintiff assertion, there is a law library at Whiting, which the plaintiff has access to. If the law library at Whiting does not have the information sought by the plaintiff, personnel at Whiting will contact the Middletown Superior Court Law Library, which will provide copies of the requested information generally within 24 hours of receipt of such a request. A review of the plaintiff recently filed "Objection to Defendants Motion for Extension of Time Until Discovery has been

Case 3:03-cv-00671-DJS

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Filed 12/19/2003

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Completed to Respond to Motions for Summary Judgment" indicates that the plaintiff indeed has had access to the law library based on the plethora of legal authority cited in his motion.

DEFENDANTS ROBERT BERGER JOHN RYAN JANET WILLIAMS SYLVIA CANCELA SUSAN BLAIR

RICHARD BLUMENTHAL ATTORNEY GENERAL Richard J. Lynch Assistant Attorney General

BY:

_____________________________ Kerry A. Colson Assistant Attorney General Federal Bar No. 25241 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5210 Fax: (860) 808-5385 [email protected]

Case 3:03-cv-00671-DJS

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CERTIFICATION I hereby certify that a copy of the foregoing Defendants' Response to Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Stay Discovery was mailed in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on this 18th day of December, 2003 first class postage prepaid to:

Robert Kalman, Pro Se Whiting Forensic Division 70 O'Brien Dr. Middletown, CT 06457

______________________________ Kerry A. Colson Assistant Attorney General