Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

~ ·. Case 3:03-cv—00968-WIG Document 96 Filed 08/06/2004 Page 1 of 4
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UNITED STATES n1STmcT COURT » 4, il I U /a~/ r
msnucr OF CONNECTICUT T
THOMAS MATYASovSzi Plaintiffs, : CIVIL ACTION NO. p
: 3:03 CV968 (WIG) j
V. : I
nousmo AUTHORITY or THE cm OF Q
BRIDGEPORT, ET AL, ; AUGUST 6, 2004 l
Defendants. : l
PLA INTIFF’S OBJECTION TO
DEFENDANT’S Morrow TO EXTENT) TIME TO DISCLOSE EXPERTS I
Plaintiff opposes the dei endants’ motion as dilatory and unnecessary.
Defendants’ claim that addition. il time is required because the importance of the dates
units were offered to applicants was heretofore unclear is preposterous. Plaintiffs have
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been building their case around dates of offer from the start. In October of 2003, for
example, plaintiffs made FOIA requests to elicit the dates when each unit became l
available. In response, defendants supplied logbooks, which are used to record the offer
date—i.e., the date on which eacl1 available unit is offered, and to whom. Thereafter,
plaintiffs discussed the issue of delay extensively during the December 22, 2003 l
deposition of Anita Falco, while asking Ms. Falco questions about specific dates on ,
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i J n ` Case 3:03-cv—00968-WIG Document 96 Filed 08/06/2004 Page 2 of 4
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which she had offered public kousing units located in the Fireside complex. Moreover,
plaintiffs have maintained consistently from the original complaint that defendants had
i engaged in steering, and theref are the importance of information on all complexes can
come as no surprise. For exarr ple, plaintiffs deposed defendant Jonas DeGuzman about
offers in Harborview and other complexes, not just Fireside, as early as August of 2003.
V Finally, it is unclear why plaintiffs would find it onerous to determine the offer dates, as
the database kept by the BHA and disclosed to plaintiffs pursuant to a FOIA request
t contains a field for offer dates. Thus, compiling the data on offer dates would seem to be
N a simple matter of printing a single report.
In June, 2004, defendants indicated to counsel for plaintiffs’ that they needed until
July 15, 2004 to disclosed experts. Subsequently, they asked for and obtained a further { .
extension until July 31, 2004. Defendants offer no new facts or excuses which would
warrant such an extension. 1
This is extension is reqtested at a time when the BHA is withholding documents
from plaintiffs. In July, 2004, t1e defendants disclosed documents from 1999 through the
period of 2002. No excuse was offered as to why these documents were not disclosed
months before. Defendants are currently withholding documents that will show that
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{ A n in in h Case 3:03-cv—00968-WIG Document 96 Filed 08/06/2004 Page 3 of 4
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‘ defendants are jumping over dz sabled applicants on the wait list to offer apartments to the `
l elderly (62 and over) and the near elderly (55-61 by statute, 46—6l under the BHA’s
mistaken notion of what near elderly is. These documents have been promised under
I threat of the tiling of a motion for expedited discovery but not delivered as promised.
} Defendants should not be allowed to abuse the discovery process when production is
l n required and then ask for a favorable exercise of the court’s discretion to further delay
this case.
For the above reasons, plaintiffs oppose defendants’ motion and request that this
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Court require the parties to con Jinue moving forward on the current schedule. {
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THE PLAINTIFF, i
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By \
Jen r Vicke sq. (CT24089) g
111 Main Street, Suite 415
Bridgeport, CT 06604 |
(203) 384-1245 E W
Fax (203) 384-1246 ` I
Email: [email protected] \
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\ u n' A Case 3:03-cv-00968-WIG Document 96 Filed 08/06/2004 Page 4 of 4
; CERTIFICATION
ii This is to certify that a copy ofthe foregoing has been served on this 6‘“ day of
i August, 2004 by facsimile transmission to Michael Ryan, Esq., Ryan Ryan
Johnson & Deluca, LLP, P.O. Box 3057, 80 Fourth Street, Stamford, CT 06905-
3057.
Jgénife{ gickejé P
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