Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-01010-JBA

Document 98

Filed 04/04/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CECIL YOUNG Plaintiff, v, CITY OF BRIDGEPORT HOUSING AUTHORITY, AND COLLIN VICE, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE BRIDGEPORT HOUSING AUTHORITY AND IN HER PERSONAL CAPACITY; AND THE CITY OF BRIDGEPORT Defendants. : : : : : : : : : : : : : : :

CIVIL ACTION NO. 3:03 CV 1010 (JBA)

APRIL 1, 2005

MOTION FOR PERMISSION TO AMEND JOINT TRIAL MEMORANDUM TO ADD AN ADDITIONAL TRIAL EXHIBIT The undersigned Defendants, City of Bridgeport Housing Authority ("BHA") and Collin Vice, respectfully move this Court for permission to amend the Joint Trial Memorandum to add an additional exhibit to be offered into evidence in the trial of this matter. The additional exhibit consists of two excerpts from the BHA One Year and Five Year Plan from July 2000. The exhibit is being offered to show the official mission of the BHA and to show that BHA's concerns about crime and the plan to contract with the City of Bridgeport to provide a housing police detail. This exhibit was inadvertently overlooked by Defense counsel when reviewing the

Case 3:03-cv-01010-JBA

Document 98

Filed 04/04/2005

Page 2 of 4

initial list of exhibits and is necessary in the presentation of the defense of this matter. A copy of the proposed exhibit is annexed hereto and is being provided to all counsel with this motion. Additionally, a copy of the proposed exhibit was sent via fax to plaintiff's counsel on March 30, 2005. A copy of the cover letter is attached. The Plaintiff was provided with a copy of this exhibit through discovery, with the exception of the pages marked "7" and "8", which were not requested. Accordingly, the Plaintiff will not be unduly prejudiced by the inclusion of this exhibit in the Joint Trial Memorandum and will have the opportunity to object to the admissibility prior to the start of evidence. The undersigned has been unable to reach plaintiff's counsel to determine if he objects to this motion. WHEREFORE, the undersigned respectfully requests permission to amend the Joint Trial Memorandum and add this exhibit.

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Case 3:03-cv-01010-JBA

Document 98

Filed 04/04/2005

Page 3 of 4

THE DEFENDANTS, CITY OF BRIDGEPORT HOUSING AUTHORITY AND COLLIN VICE

By: James A. Mahar, Esq., (CT 21854) Ryan, Ryan, Johnson & Deluca, LLP 80 Fourth Street, P.O. Box 3057 Stamford, CT 06905 Phone No. 203-357-9200

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Case 3:03-cv-01010-JBA

Document 98

Filed 04/04/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on April 1, 2005, a copy of the above was mailed to the following counsel and pro se parties of record: Barbara Brazzel-Massaro, Esq. City of Bridgeport Office of the City Attorney 999 Broad Street Bridgeport, CT 06604-4328 Thomas J. Weihing, Esq. Daly, Weihing & Bochanis 1115 Main Street Suite 710 Bridgeport, CT 06604

___________________________________ James A. Mahar, Esq.
I:\Procases\1742.008\mottoaddexhibit.wpd 1742.008

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