Free Stipulation - District Court of Connecticut - Connecticut

Case 3:03-cv-00930-CFD

Document 59

Filed 03/26/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ROBERT T. PARKER Plaintiff, : : : v. : : HARTFORD PARKING AUTHORITY and : MERYTH DEAN WILLIAMS, Chairperson,: Hartford Parking Authority in her official : and individual capacities and : SERAFIN MENDEZ MENDEZ, Treasurer, : Hartford Parking Authority in his official : and individual capacities, : Defendants. : CIVIL ACTION NO. 3:03cv 930 (CFD)

MARCH 25, 2004

STIPULATION The parties to the above-captioned matter, by and through their attorneys, hereby stipulate and agree as follows: 1. Defendants waive any attorney-client privilege and/or work product doctrine

attaching to communications between members of the Hartford Parking Authority ("HPA") and any attorney employed by the Office of Corporation Counsel for the City of Hartford regarding: the procedure to be followed in terminating the Plaintiff's employment with HPA. Defendants further waive any attorney-client privilege and/or work product doctrine attaching to communications between Ann Bird and Meryth Williams regarding whether Plaintiff could be terminated. Defendants further waive any attorney/client privilege and/or work product

Case 3:03-cv-00930-CFD

Document 59

Filed 03/26/2004

Page 2 of 4

doctrine attaching to a communication between Denise Aguilera and Meryth Williams during the HPA Special Meeting on May 14, 2003 regarding whether Plaintiff was allowed to speak at such meeting. Plaintiff agrees that this waiver shall not be construed to extend beyond the subject matters set forth in this Paragraph; 2. Defendants agree that communications between Denise Aguilera, Esq. and any

member of the HPA regarding advice provided by Attorney Aguilera that may properly be characterized as business advice, rather than legal advice, are not privileged and may be discoverable in this lawsuit, and Plaintiff agrees that nothing in this Paragraph shall constitute a waiver as to the communications described in Paragraphs 3 and 4 below; 3. Plaintiff and Defendants agree that nothing in Paragraphs 1 or 2 shall

constitute a waiver of any attorney-client privilege and/or work product doctrine applicable to communications between Attorney Aguilera and any member of the HPA regarding advice provided by Attorney Aguilera that may properly be characterized as legal advice as to the activities of HPA. Plaintiff does not concede that the communications referenced in this Paragraph are protected by the attorney-client privilege and/or work product doctrine. Plaintiff and Defendants agree that such communications may be addressed by Plaintiff's Counsel during depositions on a question by question basis, subject to Defendants' Counsel's objection on the grounds of privilege; -2-

Case 3:03-cv-00930-CFD

Document 59

Filed 03/26/2004

Page 3 of 4

4.

Plaintiff and Defendants agree that communications between attorneys employed

by the Office of Corporation Counsel for the City of Hartford and any member of the HPA regarding the defense of this lawsuit are protected by the attorney-client privilege and/or the work product doctrine, and nothing in Paragraphs 1-3 of this Stipulation shall be deemed a waiver of any applicable privilege as to those communications; and 5. The parties hereto agree that the communications described herein are not

exhaustive of the type of communications to which the attorney-client privilege and/or work product doctrine may attach, and that the parties will work in good faith to address any disputes

-3-

Case 3:03-cv-00930-CFD

Document 59

Filed 03/26/2004

Page 4 of 4

that may arise during depositions regarding communications not expressly covered by this Stipulation. Dated March ______, 2004. PLAINTIFF, ROBERT PARKER

By:

__________________________ Eliot Gersten His Attorney

Dated March __________, 2004. DEFENDANTS, HARTFORD PARKING AUTHORITY, MERYTH DEAN WILLIAMS AND SERAFIN MENDEZ-MENDEZ

By:

____________________________ Jill Hartley Their Attorney

E:\WPDOCS\HartfordParking\Parker\priv.stip.March.25th.2004.AddedWaivers.wpd

-4-