Free Motion to Compel - District Court of Connecticut - Connecticut

. . . Case 3:03-cv-01001-JCH Document 15 Filed 02/19/2004 Page 1 of4
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UNITED STATES DISTRICT COURT; . ,
DISTRICT OF CONNECTICUT I
PETER PASZKO :
Plaintiff, CIV. NO. 3:03CV1001 (JCH)
vs. 4
J. MORALES, TIFFANY CUMINOTTO-RIOS,
MICHAEL FIUMIDINISI : i
Defendants FEBRUARY 17, 2004 I
MOTION TO COMPEL (
Pursuant to Federal Rule of Civil Procedure 37, the Defendants respectfully I
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request that the Court enter an order of dismissal or, in the alternative, restrict the N
use of any information not provided in response to the Defendants Request for E
Interrogatories and Production dated July 23, 2003. I
The Defendants also request that the Court award attorney fees for the filing i
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of this motion, as set forth in the attached affidavit.
THE DEFENDANTS l
Barbara BrazzeI—l\/lassaro
Associate City Attorney
OFFICE OF THE CITY ATTORNEY
999 Broad Street- 2"° Floor
Bridgeport, CT 06604 `
Tel. #203/576-7647/Fed. Bar # 05746 \
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' ` ` Case 3:03-cv—O1OO -JCH Document 15 Filed O2/1fQ[2004 Page 2 of4
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CERTIFICATION I
This is to certify that a copy of the foregoing "I\/lotion to CompeI" has been y
l mailed, postage prepaid, on this 17"‘ day of February, 2004, to: {
Norman A. Pattis, Esq. *
51 Elm Street, Suite 409 \
New Haven, CT 06510 .
I
Barbara BrazzeI—I\/Iassaro H l
Commissioner of the Superior Court
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UNITED STATES DISTRICT COURT Q
DISTRICT OF CONNECTICUT [
PETER PASZKO :
Plaintiff, CIV. NO. 3:03CV1001 (JCH) E
J. MORALES, TIFFANY CUMINOTTO-RIOS, I
MICHAEL FIUMIDINISI :
Defendants FEBRUARY 17, 2004 I
` AFFIDAVIT i
I, Barbara Brazzel-Massaro, being duly sworn, hereby depose and say:
1. I am over the age of 18 and make this Affidavit of my own personal
knowledge. _
2. I am an attorney admitted to practice in the State of Connecticut, the District
of Connecticut, and the 2"d Circuit Court of Appeals. i
3. I am employed by the City of Bridgeport as an attorney and I am responsible j
for the defense in the above referenced action. U
4. On July 23, 2003, I submitted interrogatories and Production to the PIaintifl’s
counsel in the above referenced action. I
5. On or about August 5, 2003, I agreed to an extension of time until 1
September 23, 2003 to respond to the discovery.
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`_ ·‘ ‘ ” “ Case 3:03-cv-010815JCH Document 15 Filed 02/15§0O4 Page 4 of 4 I
6. Thereafter, I did not receive the answers or the documents requested in the `
~ Production and, on October 8, 2003, sent a letter requesting a response. The
Plaintiff did not request additional time but responded on October 28, 2003 that they
were tracking down the responses.
7. I have not received any responses to discovery although the discovery date
for the Scheduling Order set a deadline of March 1, 2004. I
8. Without the responses to the initial discovery, the Defendants have been l
unable to schedule depositions or prepare any defense in this case. F
9. On February 5 and 17, 2004, i spend approximately 1% hours reviewing the
file and writing this Motion, Memorandum and Affidavit. ‘
10. I am requesting attorney fees for the time in the amount of $200.00 per hour
for the time, which is a modest fee in this Circuit for an attorney who has spent n
twenty (20) years as a iitigator for the City of Bridgeport in civil rights actions. The
Defendants are requesting a total fee of $300.00 for this Motion. J
Barbara Brazzel-Massaro
Sworn and subscribed before me
this 17th day of bruary, 2004 N I
Commissioner of the Superior Court
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