Free Motion for Sanctions - District Court of Connecticut - Connecticut

Case 3:03-cv-00977-CFD

Document 32

Filed 08/05/2005

Page 1 of 5

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)

August 3, 2005

MOTION FOR ORDER AND SANCTIONS Defendants, John DeStefano, City of New Haven and New Haven Board of Education (collectively "Defendants"), hereby move pursuant to Fed. R. Civ. P. 16(f) and Local Rule 16(f) for an order and for sanctions against Plaintiffs Wendell Harp and Architects Environmental Collaborative International, P.C. (collectively "Plaintiffs") for their failure to provide a damages analysis by August 1, 2005 as required by scheduling deadlines set by this Court. In support of this Motion, Defendants represent as follows: 1. Deadlines. On July 21, 2005, this Court granted Defendants' Motion to Amend Scheduling

Case 3:03-cv-00977-CFD

Document 32

Filed 08/05/2005

Page 2 of 5

2.

Defendants' Motion to Amend Scheduling Deadlines requested inter alia that no

later than August 1, 2005, Plaintiffs provide a damages analysis to Defendants.1 3. To date, Plaintiffs have failed to provide a damages analysis to Defendants.

Defendants require such a damages analysis in order to determine if they will retain an expert on damages and, if so, to allow their expert sufficient time to prepare a report by the deadline for disclosing such report, which is currently October 1, 2005. 4. Defendants seek an order from this Court requiring Plaintiffs to immediately

provide a damages analysis to Defendants and to amend the scheduling order to permit Defendants to disclose their expert on damages and to provide the report from such retained expert 60 days after Defendants receive the damages analysis from Plaintiffs. In the alternative, Defendants seek an order precluding Plaintiffs from introducing any evidence regarding their claimed damages and precluding Plaintiffs from attempting to establish damages in this case. 5. Defendants further request that this Court award them the reasonable expenses of

this motion, including reasonable attorney's fees.

1

Defendants' Motion to Amend Scheduling Deadlines also requested that Plaintiffs disclose their experts on liability and damages and provide reports from such retained experts by August 1, 2005. Plaintiffs have not made any such disclosures.
9A8675.DOC

2

Case 3:03-cv-00977-CFD

Document 32

Filed 08/05/2005

Page 3 of 5

WHEREFORE, Defendants request that this Motion for Order and Sanctions be granted. 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]

9A8675.DOC

3

Case 3:03-cv-00977-CFD

Document 32

Filed 08/05/2005

Page 4 of 5

CERTIFICATE OF SERVICE I hereby certify that the original of the foregoing was served this 3rd 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)

9A8675.DOC

4

Case 3:03-cv-00977-CFD

Document 32

Filed 08/05/2005

Page 5 of 5

9A8675.DOC

5