Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00376-SRU

Document 16

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 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. In support of this motion, Shaw's has filed concurrent herewith a Memorandum of Law in support of its Motion to Compel, including the Affidavit of Holly L. Cini, counsel for the Defendant, certifying that the parties have agreed in good faith to resolve this issue in this manner.

ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:03-cv-00376-SRU

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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

Case 3:03-cv-00376-SRU

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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

Case 3:03-cv-00376-SRU

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Filed 03/01/2004

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