Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00666-AWT

Document 28

Filed 04/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LINDA STURM v. ROCKY HILL BOARD OF EDUCATION

: : : : :

NO.: 3:03CV0666 (AWT)

APRIL 28, 2004

REQUEST FOR PERMISSION TO FILE OVERLONG BRIEF IN REPLY TO THE PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS The defendant, Rocky Hill Board of Education, hereby requests permission to file an overlong brief in reply to the plaintiff's opposition to the defendant's motion to dismiss. The plaintiff's 34-page opposition brief contains a detailed, and lengthy statement of facts. In order to reply to the plaintiff's motion, the defendant must incorporate these facts into its memorandum, and address each of the plaintiff's factual scenarios in its responsive arguments. Furthermore, the plaintiff's reply addresses multiple causes of action and theories of law. These include: 1. 2. 3. 4. 5. 6. A First Amendment claim, pursuant to 42 U.S.C. § 1983; A claim pursuant to C.G.S. §31-51q; A retaliation claim pursuant to Section 504 of the Rehabilitation Act; A claim for common law Defamation; A claim for common law False Light/Invasion of Privacy; and A claim for Wrongful Discharge.

ORAL ARGUMENT IS NOT REQUESTED

Case 3:03-cv-00666-AWT

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Filed 04/29/2004

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Additionally, as the defendant is a municipality, the plaintiff's arguments include a Monell v. Dep't of Soc Services claim. The inclusion of a Monell-style claim is tantamount to bringing a second action, and again necessitates a proportionately longer reply from the defendant. Many of these claims, particularly the plaintiff's First Amendment claim, involve a complicated, and fact-specific legal analysis. The plaintiff's brief accordingly consists of a detailed analysis, involving numerous citations to legal precedent. Many of these cases either do not provide any guidance in the present matter, or, in fcat, support the defendant's position. The defendant is now compelled to distinguish these decisions in order to provide an effective reply. WHEREFORE, the defendant respectfully requests that this Court permit it to file an overlong reply brief of 27-pages in length.

DEFENDANT, ROCKY HILL BOARD OF EDUCATION

By_______________________________ Eric D. Eddy [ct25242] Michael J. Rose [ct14803] Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114 Phone: (860) 249-1361 Fax: (860) 249-7665 E-Mail: [email protected] E-Mail: [email protected]

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Case 3:03-cv-00666-AWT

Document 28

Filed 04/29/2004

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CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via US Mail to the following counsel of record this 28th day of April, 2004.

Gary Phelan, Esquire Tammy Marzigliano, Esquire Gary Phelan, L.L.C. Corporate Center West 433 South Main Street, Suite 117 West Hartford, CT 06110

_________________________________ Eric D. Eddy

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