Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00636-JBA

Document 24

Filed 02/25/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EVELINE GOINS v. JBC & ASSOCIATES, P.C. ET AL. CASE NO. 3:03CV 636 (JBA) February 25, 2004

PLAINTIFF' MEMORANDUM RE MOTION TO COMPEL S DEPOSITION Plaintiff took Mr. Boyajian'deposition in another matter on January 27, 2004. He was s not prepared to discuss the letter at issue in this case, or the calculations to reach the ten-fold increase in the Wilson Suede & Leather account in just over a year. Moreover, defense counsel objected to pursuing the line of questioning about this case. On January 29, pursuant to the parties' agreement that both plaintiff'and Boyajian' s s deposition would be taken in New Haven on the same date, plaintiff noticed Mr. Boyajian' s deposition for February 26 accordingly. Despite the advance notice, defense counsel advised on February 20 that Mr. Boyajian was unavailable. He had been similarly unavailable at the last minute for a duly noticed deposition for November 13, 2003. See attached. Defendant did not object to the deposition or its location. Fed. R. Civ. P. 32(d)(1). CONCLUSION The Motion to Compel should be granted in all respects. " District courts should not countenance ` purposeful sluggishness' discovery on the part of parties or attorneys and in should be prepared to impose sanctions when they encounter it." Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002).

Case 3:03-cv-00636-JBA

Document 24

Filed 02/25/2004

Page 2 of 2

THE PLAINTIFF

BY___/s/ Joanne S. Faulkner___________ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 065l1 (203) 772-0395 [email protected]

This is to certify that the foregoing was mailed on February 24, 2004, postage prepaid, to: Jonathan D. Elliot Sabatino Fiano P. O. Box 763 Southport CT 06490 ______/s/ Joanne S. Faulkner_____ Joanne S. Faulkner