Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00986-JCH Document 166 Filed O1/26/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SUSAN E. WOOD,
_ _ CIVIL ACTION NO.
Pl¤1¤¤ff» 2:02-cv-9x6 (Jon)
- against -
SEMPRA ENERGY Tmnmc J*“‘“‘°“V 25= 2006
ORPORATION,
Defendant.
SUPPLEMENTAL DECLARATION OF RAYMOND W. BERTRAND IN
SUPPORT OF DEFENDANT’S BILL OF COSTS
Pursuant to Federal Rules of Civil Procedure 54; Local Rule 54; 28 U.S.C.
Sections 1920-1924
I, RAYMOND W. BERTRAND, declare as follows.
1. I am an attomey duly licensed to practice law in this Court and in the State
of Connecticut. I am an associate with the law firm of Paul, Hastings, Janofsky & Walker LLP,
counsel of record for Defendant Sempra Energy Trading Corp., in the above-captioned action.
2. I submit this supplemental Declaration in further support of Defendant’s
Bill of Costs.
3. In her Objection to Defendant’s Bill of Costs, counsel for Plaintiff
contends they provided Defendant’s counsel with a copy of the deposition transcripts for those
witnesses deposed by Plaintiff.
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4. Paul, Hastings, Janofsky & Walker LLP (“PHJ&W") has an established
procedure for maintaining correspondence exchanged during the course of litigation. Each piece
of correspondence is maintained in a correspondence file, which is kept in chronological order.
5. I have reviewed the correspondence tile for this matter and was unable to
located any correspondence or cover letter sent to counsel for Defendant by opposing counsel
enclosing the deposition transcripts purportedly provided. Nor was I able to locate the actual
deposition transcripts purportedly provided by Plaintiffs counsel. On information and belief,
counsel for Defendant was not provided with a copy of deposition transcripts for witnesses
deposed by Plaintiff.
6. On January 25, 2006, I contacted Goldfarb & Ajello Court Reporting
Services, the court reporting service utilized by Plaintiff in this matter, and spoke with Melody
Ajello. Ms. Ajello advised me that Plaintiffs counsel only purchased two copies of the
deposition transcripts for depositions Plaintiff noticed. One of these transcripts is the "certified"
copy that is sealed and presented to the Court at the time of trial pursuant to F ed.R.Civ.P
30(f`)(l). The other copy presumably is the deposition transcript Plaintiffs counsel used
throughout this litigation and at trial. If Plaintiff had indeed provided counsel for Defendant’s
with a copy of the deposition transcripts for their use, she necessarily would have had to order
three deposition transcripts from the court reporting service. Ms. Aj ello can be reached directly
at (203)966-2309.
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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing
is true and correct.
DATED: Jang; 25, 2005 f Q · g A
Raymond W. Bertrand
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CERTIFICATE OF SERVICE
The undersigned, a member of the bar of this Court, hereby certifies that on this 25th day
of January, 2006, a true and correct copy of the foregoing Declaration of Raymond W. Bertrand
in Support of Defendant’s Bill of Costs was served on the following counsel of record via regular
U.S. mail:
Brendan J. O’Rourke, Esq.
Marianne F. Murray, Esq.
O’Rourke & Associates, LLP
27 Pine Street
New Canaan, CT 06840
? Raymond W. Bertrand
u2GA1._us_w # 53206242.1
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