Free Affidavit - District Court of Connecticut - Connecticut

Case 3:01-cv-01977-EBB

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Filed 12/11/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PATRICIA ANN MEDVEY, Plaintiff, v. : OXFORD HEALTH PLANS, INC., and METROPOLITAN LIFE INSURANCE COMPANY, Defendants. : : DECEMBER 10, 2003 : : CIVIL NO. 301CV1977(WWE)

AFFIDAVIT : : STATE OF CONNECTICUT : COUNTY OF FAIRFIELD

SS

DAVID J. BURKE, ESQ., being duly sworn, deposes and says: 1. I am an attorney with the law firm of Robinson & Cole LLP, attorneys for

defendants Oxford Health Plans, Inc. and Metropolitan Life Insurance Company (hereinafter "Defendants"), and as such I am fully familiar with the facts and circumstances set forth herein. 2. Motion to Compel. 3. On May 29, 2003 I served plaintiff Patricia Medvey's counsel, Edward I respectfully submit this affidavit in support of Defendants' Amended

Clark, Esq., with Interrogatories and Requests for Production.

STAM1-744904-2

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4.

On August 22, 2003, having received no response and no objections to

these Interrogatories and Requests for Production, I wrote to Attorney Clark demanding that responses be served on or before September 5, 2003. A copy of this August 22, 2003 letter is attached hereto as Exhibit A. 5. 6. I also noticed the deposition of Ms. Medvey for September 18, 2003. On September 8, 2003, Attorney Clark wrote to me promising responses

within a week. A copy of the September 8, 2003 letter is attached hereto as Exhibit B. 7. On October 21, 2003, having received no further responses to the

Interrogatories and Requests for Production, I filed a Motion to Compel on behalf of the Defendants. 8. Medvey's response to that motion was due, pursuant to Local Rule 7, on

November 12, 2003, but no response was filed by that date. 9. In a later response to that motion, however, Medvey served discovery

responses upon Defendants on November 20, 2003, but those responses were incomplete, as noted in Defendants Memorandum of Law in Support of Defendants' Amended Motion to Compel. 10. I have attempted to obtain complete discovery responses from Plaintiff's

counsel, but we have been unable, as of this date, to reach an agreement.

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11.

These incomplete responses have also prevented me from conducting the

deposition of Ms. Medvey, and from preparing dispositive motions on behalf of my clients.

S/S DAVID J. BURKE

Sworn to and subscribed before me this ______ day of December, 2003 S/S Notary Public

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CERTIFICATION This is to certify that a copy of the foregoing was sent via first class mail, postage prepaid, to Edmond Clark, Esq., 83 Scotland Avenue, Madison, Connecticut 06443-2501 on December 10, 2003.

___________S/S_________________ David J. Burke

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