Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00977-CFD Document 90 Filed 02/09/2007 Page 1 of 3 1
UNITED STATES DISTRICT COURT y
DISTRICT OF CONNECTICUT
WENDELL HARP and :
ARCHITECTS ENVIRONMENTAL :
COLLABORATIVE INTERNATIONAL, P.C., :
: CASE NO: 3:03CV977(CFD) 1
Plaintiffs, :
v.
JOHN DeSTEFANO,
CITY OF NEW HAVEN and :
NEW HAVEN BOARD OF EDUCATION, :
Defendants.
: February 9, 2007
MOTION FOR PERMISSION TO FILE CORRECTED
DECLARATION OF CAROLYN W. KONE, ESQ. NUNC PRO TUNC
Defendants respectfully requests permission to file a Corrected Declaration of
Carolyn W. Kone, Esq., to correct the following clerical errors to the original Declaration
of Carolyn W. Kone, Esq., dated January 18, 2006 (the "Original Declaration"):
1. Paragraph 3 of the Original Declaration inadvertently omitted reference to
pages 178-179 and 181 of Wendell Harp’s deposition, Volume I, dated May 27, 2005;
however, the deposition pages were attached as Exhibit A to Attorney Kone’s
Declaration.
2. Paragraph 4 of the Original Declaration should not have included
references to pages 176, 178, 179, 181, 262, and 263 of Mr. Harp’s deposition transcript
and should have included, in addition to the correctly listed pages, references to pages
264-266, 270, 279-280, 287, 302-304 of Wendell Harp’s deposition, Volume II, dated
July 14, 2005. These pages were attached as Exhibit B to the Original Declaration.
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Case 3:03-cv-00977-CFD Document 90 Filed O2/O9/2007 Page 2 of 3 5
3. Paragraph 7 of the Original Declaration listed page 701 of Wendell Harp’s
deposition, Volume V, dated November 1, 2005, as being attached behind Exhibit E, but
page 701 was inadvertently not attached.
4. Paragraph 17 of the Original Declaration listed page 31 of the deposition A
of John DeStefano dated July 21, 2005 as being attached behind Exhibit O, but page 31 h
of Mr. DeStefano’s deposition was not attached behind Exhibit O; rather page 31 of Dr. Q
Mayo’s deposition was inadvertently attached behind Exhibit O.
5. Paragraph 17 of the Original Declaration listed pages 27 and 36 of the l
deposition of J olm DeStefano dated July 21, 2005 as behind attached behind Exhibit O,
but pages 27 and 36 were inadvertently not attached behind Exhibit O.
A Corrected Declaration of Carolyn W. Kone, Esq. incorporating the corrections
listed above is being manually filed on this date.
DEFENDANTS,
JOHN DESTEPANO, CITY OF NEW
HAVEN and NEW HAVEN BOARD OF
EDUCATION
By: sgf amfyn W QK one
Carolyn W. Kone (ct06207)
Rowena A. Moffett (ct1981 1)
BRENNER, SALTZMAN & WALLMAN LLP
Their Attorneys I
_ 271 Whitney Avenue H
New Haven, CT 06511
Tel. (203) 772-2600
Fax (203) 772-4008
Email: [email protected]
Email: [email protected] p
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Case 3:03-cv-00977-CFD Document 90 Filed O2/O9/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on February 9, 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 CoLu·t’s electronic
filing system [or by mail to anyone unable to accept electronic filing].
sd arof n W gone
Carolyn W. Kone
9'l`726l.DOC