Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:03-cv-01011-AWT

Document 61

Filed 04/29/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT _____________________________________________ : NICHOLAS CAGGIANIELLO, NEIL : CASE NO. 303CV1011(AWT) HOWARD and THOMAS FALCO, on : behalf of themselves and all other similarly : situated employees of FSG PrivatAir, Inc. : : PLAINTIFFS, : VS. : : FSG PRIVATAIR, INC. and in their : individual and official capacities DAVID C. : HURLEY, HUGH F. REGAN, THOMAS H. : MILLER and THOMAS L. CONNELLY : : DEFENDANTS. : APRIL 28, 2005 _____________________________________________

DEFENDANT FSG PRIVATAIR, INC.'S MOTION FOR PROTECTIVE ORDER AND SANCTIONS

Pursuant to Rule 26 (c) of the Federal Rules of Civil Procedure, the Defendant FSG PrivatAir, Inc. ("PrivatAir") hereby moves for a protective order in response to the Plaintiffs' refusal to abide by their counsel's withdrawal of discovery requests before this Court at oral argument on June 18, 2004. PrivatAir complied in good faith with Judge Martinez's Order dated March 9, 2005 by providing supplemental responses on March 21, 2005 to Plaintiffs' discovery requests dated January 23, 2004. At the same time, the

undersigned informed Plaintiffs' counsel that PrivatAir is unable to provide tens of thousands of pages of trip sheet documents generated for the thousands of flights it operated between July 2000 and July 2003 without putting an undue burden on its business operations. In addition, the undersigned pointed out that Plaintiffs' counsel ORAL ARGUMENT IS REQUESTED

Case 3:03-cv-01011-AWT

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withdrew the production request for trip sheet information for each flight. Therefore, PrivatAir respectfully requests a Protective Order to enforce Plaintiffs' counsel's withdrawal of the discovery request and requests that Plaintiffs' counsel be sanctioned for their misrepresentations to the Court requiring that PrivatAir bring this Motion. PrivatAir submits the affidavit of the undersigned and a Memorandum of Law in Support of its Motion attached hereto.

Respectfully Submitted, FSG PRIVATAIR, INC. By: _______________________ Joseph C. Maya, Esq. ct/17742 Russell J. Sweeting, Esq. ct/24877 Maya & Associates, P. C. 266 Post Road East Westport, CT 06880 Telephone: (203) 221-3100 Fax No: (203) 221-3199

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CERTIFICATION This is to certify that a copy of the foregoing was faxed and mailed this 28th day of April 2005 to:

James T. Baldwin, Esq. John B. Kaiser, Esq. Coles, Baldwin & Craft, LLC 1261 Post Road, P.O. Box 577 Fairfield, CT 06824 _________________________ Russell J. Sweeting

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Case 3:03-cv-01011-AWT

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT _____________________________________________ : NICHOLAS CAGGIANIELLO, NEIL : CASE NO. 303CV1011(AWT) HOWARD and THOMAS FALCO, on : behalf of themselves and all other similarly : situated employees of FSG PrivatAir, Inc. : : PLAINTIFFS, : VS. : : FSG PRIVATAIR, INC. and in their : individual and official capacities DAVID C. : HURLEY, HUGH F. REGAN, THOMAS H. : MILLER and THOMAS L. CONNELLY : : DEFENDANTS. : APRIL 26, 2005 _____________________________________________

AFFIDAVIT Russell J. Sweeting, Esquire, being duly sworn does hereby depose and say: 1. 2. This affidavit is made of my own personal knowledge. I am over the age of 18 years and am competent to testify as to the matters stated herein. 3. 4. I am the attorney representing the Defendants in the above captioned case. On March 21, 2005, I sent a letter to the Plaintiffs' attorneys proposing that PrivatAir provide trip sheet documents for a limited number of flights during the July 1, 2000 ­ July 1, 2003 period. See exhibit A. 5. On March 21, 2005, PrivatAir served supplemental responses to Plaintiffs' discovery requests dated January 23, 2004.

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6.

Pursuant to a letter dated March 24, 2005, Attorney Kaiser rejected my proposal that PrivatAir produce trip sheet documents for a limited number of flights. See Exhibit B.

7.

On April 14, 2005, I sent a letter to the Plaintiffs' counsel pointing out that the Plaintiffs had withdrawn their discovery request for the trip sheet documents for each flight during oral argument before Judge Martinez on June 18, 2004. See Exhibit C.

8.

On April 20, 2005, I received a letter from Attorney Kaiser denying that the Plaintiffs had withdrawn their discovery request for the trip sheet documents for each flight. See Exhibit D.

______________________ Russell J. Sweeting

Subscribed and sworn to before me this ___day of April, 2005.

___________________________ Commissioner of Superior Court

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