Free Motion for Sanctions - District Court of Connecticut - Connecticut

Case 3:03-cv-00977-CFD

Document 33

Filed 08/17/2005

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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.

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CASE NO: 3:03CV977(CFD)

August 16, 2005

DEFENDANTS' MOTION FOR SANCTIONS

Defendants, John DeStefano, City of New Haven and New Haven Board of Education, hereby move for sanctions pursuant to Fed. R. Civ. P. 37 based upon Plaintiffs' failure to produce documents requested in items nos. 1, 8(e), 9, 10, 14, 15, 16, 19-20 and 23-29 of the Amended Notice of Deposition and Notices of Continued Deposition of Plaintiffs. Certain of these documents have been the subject of one or more motions for protective orders, which have been denied, while others of these documents have simply not been produced or with respect to item 8(e) have been produced only in part. In support of this Motion, Defendants have filed a Memorandum and an Affidavit. WHEREFORE, Defendants respectfully request that this Motion be granted and the following relief be awarded: 1. That the Scheduling Order be amended to provide that Defendants disclose their

damages expert and the expert's report 60 days after the later of : (i) Plaintiffs' disclosure of its

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damages analysis or (ii) Plaintiffs' full compliance with the disclosure of documents requested in items 15-16, 19-20 and 23-29 of the schedules appended to the notices of deposition and that the discovery deadline be extended until 30 days after such date with dispositive motions due 30 days thereafter and the trial memorandum due 45 days after the dispositive motions are decided: and 2. That Mr. Harp be ordered to appear for a continuation of his deposition no sooner

than 7 days after he produces in full the documents that are the subject of this Motion for Sanctions; and 3. That Defendants be awarded the costs of this Motion and the costs of all of their

efforts to secure compliance with the production of the documents that are the subject of this Motion.

DEFENDANTS, JOHN DeSTEFANO, CITY OF NEW HAVEN and NEW HAVEN BOARD OF EDUCATION By: /s/ Carolyn W. Kone Carolyn W. Kone(ct 06207) 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]

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CERTIFICATE OF SERVICE I hereby certify that the original of the foregoing was served this 16th day of August, 2005, by U.S. first class mail, postage prepaid, upon:

John R. Williams Law Offices of John Williams & Associates 51 Elm St., Ste. 409 New Haven, CT 06510 Rodger W. Lehr Deputy Corporation Counsel City of New Haven 165 Church Street New Haven, CT 06510 /s/ Carolyn W. Kone Carolyn W. Kone, Esq. (ct06207)

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