Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00376-SRU

Document 17

Filed 03/01/2004

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UNITED STATES DISTRICT COURT for the DISTRICT OF CONNECTICUT __________________________________________ : : : : v. : : SHAW'S SUPERMARKETS, INC. : Defendant : __________________________________________: ADRIANO B. BRANCO Plaintiff,

Civil No. 3:03CV00376(SRU)

FEBRUARY 27, 2004

DEFENDANT'S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S ATTENDANCE AT DEPOSITION ON MARCH 18, 2004 Pursuant to Rule 37 of the Federal Rules of Civil Procedure and the Local Rules of this District, Defendant Shaw's Supermarkets, Inc. respectfully moves this Court for an order compelling Plaintiff Adriano Branco to attend his deposition. Over the course of the past six months, Defendant has noticed Plaintiff's deposition four times, each time after seeking and securing mutually convenient dates from Plaintiff's counsel. On every occasion, Plaintiff's counsel has cancelled the deposition. The parties have reached agreement to hold the deposition on March 18, 2004, and plaintiff's counsel consents to the entry of an order compelling plaintiff's appearance on that date. I. FACTUAL BACKGROUND Shaw's Supermarkets discharged plaintiff, a grocery clerk, after an investigation into a number of complaints revealed that he was looking up female customers' skirts; asking female customers out; following female customers to their cars and telling them that he liked older women and, in fact, shaved his own mother's legs; and otherwise engaging in lewd and

Case 3:03-cv-00376-SRU

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harassing behavior toward the company's customers.

By complaint dated March 3, 2003,

plaintiff instituted this action, claiming that his termination was in violation of the Americans With Disabilities Act (42 U.S.C. §§12101 et seq.) and the Connecticut Fair Employment Practices Act (46a-60(a)(1)). II. DISCUSSION On April 3, 2003, defendant noticed plaintiff's deposition. Defendant re-noticed his deposition on September 5, 2003, then again on January 15, 2004 and again on February 11, 2004. Plaintiff has not appeared at any of these noticed depositions. On February 25, 2004, plaintiff's counsel agreed to move forward with plaintiff's deposition on March 18, 2004. Plaintiff's counsel indicated he consents to this Court's grant of this motion to compel, and understands that Defendant will move for appropriate sanctions pursuant to Fed. R. Civ. P. 37 if plaintiff fails to appear on that date. III. CONCLUSION For all of the foregoing reasons, defendant respectfully requests that this Court grant its Motion to Compel and issue an order commanding plaintiff's attendance at his deposition at 10:00 on March 18, 2004 at the offices of Jackson Lewis LLP. DEFENDANT, SHAW'S SUPERMARKETS, INC., By: William J. Anthony (ct 17865) e-mail: [email protected] Holly L. Cini (ct 16388) e-mail: [email protected] Jackson Lewis LLP 55 Farmington Avenue, Suite 1200 Hartford, CT 06105 Ph: (860) 522-0404 Fax: (860) 247-1330

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CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing was sent by regular mail, postage prepaid on the 27th day of February, 2004, to the following counsel of record: John R. Williams Williams and Pattis, LLC 51 Elm Street, Suite 409 New Haven, CT 06510

_____________________________ Holly L. Cini

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H:\Client Folder\S\Shaws Supermarket\Branco Civil Action\pld\Motion To Compel Memorandum.doc