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

Case 3:03-cv-00386-AWT

Document 52

Filed 12/23/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EUNICE SMITH, Plaintiff v. STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION, Defendant : : : : : : : : CIVIL ACTION NO. 3:03CV00386(AWT)

December 14, 2004

PLAINTIFF'S MOTION IN OPPOSITION TO RULE 37 SANCTIONS Defendant's request for sanctions at this time is somewhat disingenuous since counsel for plaintiff sincerely believed that the Parties Joint Request for a modification of the Rule 26 Report to reflect an extension of discovery deadlines included time in which to submit plaintiff's amended complaint. The parties submitted a Joint Request for a ninety-day extension for the close of discovery from November 1, 2004 to February 1, 2005. Plaintiff respectfully apologizes to the court and begs the court to refrain from issuing any order which would require plaintiff to pay reasonable expenses or attorney's fees at this time, in light of the fact that plaintiff has submitted the discovery materials to defendants and provided an amended complaint with more specificity and definition. Plaintiff has substantially justified the reasons for the delay in this matter, in that there was a genuine belief that timeframes relative to discovery and the submission of a more definite statement were extended.

Case 3:03-cv-00386-AWT

Document 52

Filed 12/23/2004

Page 2 of 2

PLAINTIFF EUNICE SMITH

BY: /s/ Cynthia R. Jennings CYNTHIA R. JENNINGS, ESQ.,
BARRISTER LAW GROUP, LLC., 211 STATE STREET, BRIDGEPORT CONNECTICUT 06604 TEL: 203-334-4800 FAX: 203-368-6985
THE

Email: [email protected] Federal Bar No. CT21797

CERTIFICATION This is to certify that a copy of the foregoing has been sent via FEDEX EXPRESS Mail, to the following counsel of record on this 14th day of December 2004. Jane B. Emons Assistant Attorney General Office of The Attorney General State of Connecticut 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120

/S/ CYNTHIA R. JENNINGS Cynthia R. Jennings, Esq.,