Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:03-cv-00977-CFD

Document 93

Filed 02/13/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WENDELL HARP and ARCHITECTS ENVIRONMENTAL COLLABORATIVE INTERNATIONAL, P.C., Plaintiffs, v. JOHN DeSTEFANO, CITY OF NEW HAVEN and NEW HAVEN BOARD OF EDUCATION, Defendants. : : : : : : : : : : : : : :

CASE NO: 3:03CV977(CFD)

February 13, 2007

DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGEMENT Defendants, John DeStefano, City of New Haven and New Haven Board of Education, hereby with to bring to the Court's attention certain supplemental authorities decided after their Reply Brief was filed, which authorities support their motion for summary judgment. These authorities are as follows: Cotarelo v. Village of Sleepy Hollow Police Dep't., 460 F.3d 247 (2d Cir.2006)(granting summary judgment in favor of defendants on plaintiff's first amendment retaliation claim, because, as a matter of law, defendants demonstrated that they would have taken the same adverse employment action if the protected speech had not occurred due to plaintiff's performance record.) Oliphant v. State of Connecticut Dep't. of Transport., Civil No. 3:02cv700, 2006 U.S. Dist. LEXIS 77021 at *31-32 (D.Conn. Oct. 23, 2006)(granting summary judgment in favor of defendants on plaintiff's first amendment retaliation claims and writing that in First Amendment retaliation cases "[t]he operative issue is not

9t8757.doc

Case 3:03-cv-00977-CFD

Document 93

Filed 02/13/2007

Page 2 of 3

simply the length of time between the protected activity and the alleged retaliation but the demonstrated nexus between the two.") Respectfully submitted, DEFENDANTS, JOHN DESTEFANO, CITY OF NEW HAVEN and NEW HAVEN BOARD OF EDUCATION By:

s/Carolyn W. Kone
Carolyn W. Kone (ct06207) Rowena A. Moffett (ct19811) BRENNER, SALTZMAN & WALLMAN LLP Their Attorneys 271 Whitney Avenue New Haven, CT 06511 Tel. (203) 772-2600 Fax (203) 772-4008 Email: [email protected] Email: [email protected]

9t8757.doc

Case 3:03-cv-00977-CFD

Document 93

Filed 02/13/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on February 13, 2007, a copy of the foregoing was filed electronically [and served by mail on anyone unable to accept electronic filing]. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system [or by mail to anyone unable to accept electronic filing]. ______s/Carolyn W. Kone______ Carolyn W. Kone

9t8757.doc