Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 3:03-c -00945-CFD - ·
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ATTORNEYS AT LAW
DAVID B. ZABEL
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I January 23, 2004
VIA FACSIMILE (#860-548-0006)
Joseph G. Fortner, Jr., Esq.
Halloran & Sage LLP
One Goodwin Sq.
225 Asylum Street
Hartford, CT 06103-4303
Re: Clarence R. Collins, Jr., et al. vs. Olin Corporation, et aL, ·
Civil Action N0. 3-03-CV-945 (CFD)
Dear J oe:
I am writing to follow up with regard to our conference call on January 16, 2004, and to
respond to your letter dated January 22, 2004. I will address below the specitic discovery
requests that we talked about in during the telephone conference.
INTERROGATORIES
Interrggatog 5:
We do not agree that the answers already provided to Interrogatory 5 are not responsive
to the question posed. Nevertheless, in an attempt to avoid further dispute about this, plaintiffs
will provide supplemental responses concerning the diminution in the values of their properties.
Interrcgatogy 6:
We agreed that supplemental responses will be provided to lnterrogatory 6 identifying
whether, during gardening and similar activities, the plaintiffs have discovered any industrial
wastes buried in their yards.
lnterrogatogy 7:
We agreed to review a proposed medical release form to be supplied by the defendants
and to provide executed releases for any health care providers identiiied in any responses to
Interrogatory 7.
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Case 3:03-cv-00945-CFD D t 1 - ·
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Intemogatogg 8:
Defendants agreed to limit Interrogatory 8 to the identification of health care providers
with whom plaintiffs have consulted or talked about concerns relating to the contamination of
their properties, and plaintiffs agreed to respond to interrogatory as so limited.
Iuterrogatog 10: 1
Plaintiffs will supplement their prior answers to describe the general timeiiarne of the
interference by defendants.
Intergatog 11:
Plaintiffs will supplement their response to Interrogatory ll in the same manner as their ·
supplemental responses to Interrogatory 5.
Interrggatories 12 and 13:
Plaintiffs will provide supplemental responses that describe each plaintiffs recollection,
if any, concerning specific meetings and communications. The supplementation of course will
not include any privileged information,
Iuterrogatogy 14:
During the conference call, you indicated that the defendants would caucus regarding
lnterrogatory 14. I assume fiom your letter that defendants have done so, and believe that
Interrogatory 14 is appropriate. We maintain our objections because we believe that
lnterrogatory 14 calls for a legal conclusion rather than factual information that is relevant to the
claim or defense of any party.
. REQUESTS FOR PRODUCTION
With regard to the requests for production of documents, as we indicated, no responsive
non—privileged documents that were provided to us by the plaintiffs were withheld from the
previous production. We have nevertheless agreed to request again that the plaintiffs provide to
us any documents in their possession that are responsive to the requests, subject to the objections
we have made, and our tmderstanding that defendants have limited certain requests as follows:
Reguest No. 10:
Defense have agreed to limit Request No. 10 to pictures that show the exterior yard and
significant exterior renovations ofthe properties at issue, and any industrial wastes that may have

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January 23, 2004
Page 3
been discovered. Also, if pictures ofthe properties were taken after the tomado in Hamden, or if
there are pictures showing any cracking of foundations, those will also be produced.
Rguest No. 11:
Defendants have limited this request to documents concerning significant exterior
renovations, and we will ask the plaintiffs again for any such documents.
Request Nos. 12 and 13:
Plaintiffs will supplement the responses to produce any documents concerning non-
privileged communications with respect to the subject matter of the amended complaint, and we
will ask the plaintiffs again for any such documents.
guest No. 16:
Defendants have limited this request to documents to show who constructed the
plai11titl`s’ houses and when they were constructed. We will ask the plaintiffs again for any such
documents.
Olin Reguest No. 17:
Defendants ageed to limit this request to the time period Hom 1990 to the present.
Plaintiffs will supplement their responses to produce responsive documents in their possession, if
any.
Olin Rguest No. 19:
Defendants have agreed to limit this request to communications between the plaintiffs
and any defendant about contamination issues at their properties, and the plaintiffs will
supplement their responses to produce any responsive documents.
We will be commimicating with the plaintiffs promptly to seek any additional
information and documents that may be needed to provide supplem tal responses as outlined
above, and hope to provide supplemental responses by February 6, 2004.

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I would also like to address the Town°s "responses" and objections to the plaintiffs
discovery requests. As counsel for the Town, you have objected to each and every discovery
request and have not responded to any of the interrogatories other than to refer to documents that
will be produced. I believe that the Town's objections and responses are wholly inadequate, and
would like to talk with you about that. Please let me know when you are available to do so.
truly yours,
DBZ:jas _
cc: Jennifer Cturie, Esq. (via facsimile)
Brad J. Mitchell, Esq. (via facsimile)
TDTQL P.B5