Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:01-cv-01927-WWE

Document 59-2

Filed 08/08/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LISA CHARETTE Plaintiff v. STATE OF CONNECTICUT DEPARTMENT OF SOCIAL SERVICES, ET AL. Defendants

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CIVIL NO. 3:01CV1927(WWE)

AUGUST 5, 2005

DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL AND/OR SANCTIONS I. INTRODUCTION Pursuant to Rule 37(a)(2) of the Federal Rules of Civil Procedure and D. Conn. L. Civ. R. 37(a)(2), the Defendants hereby respectfully submit this memorandum of law in support of their motion to compel and/or for sanctions of even date herewith. The defendants request that this Court issue an order forthwith either compelling plaintiff's attendance at a deposition to be videotaped by defendants at a mutually convenient location and time or, in the alternative, issue an order dismissing the case. II. BACKGROUND This matter has been pending for several years. There have been lengthy delays, first because of plaintiff's replacement counsel's need to familiarize himself with the case and then because of plaintiff's claimed health issues preventing her from appearing at a deposition although defendants offered to convene said deposition at plaintiff's home so she could be near a restroom. See Exhibit "A" hereto.

Case 3:01-cv-01927-WWE

Document 59-2

Filed 08/08/2005

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III.

ARGUMENT

Defendants have previously noticed the deposition of plaintiff (Exhibit "A"). A party is obligated to attend a properly noticed deposition. See Mercado v. Division of New York State Police, 989 F.Supp. 521, 523-24 (S.D.N.Y. 1998). Plaintiff has consistently maintained that health issues prevent her from attending a deposition even though defendants have offered to accommodate these health issues by taking the deposition of plaintiff at her home. Plaintiff has offered only to submit to a "telephone deposition." Defendants have already been prejudiced by the plaintiff's refusal to submit to a deposition over the pendency of the case even though defendants have offered to accommodate the plaintiff in every way. A plaintiff cannot be permitted to file suit and then evade a deposition indefinitely. Plaintiff has submitted only the most general medical reports indicating that her doctor preferred that she not testify (Exhibit "A"). Plaintiff has not responded to counsel's letter of August 3, 2005 requesting that plaintiff agree to a deposition date and time. Defendants have made good faith efforts to resolve this dispute but such efforts have been unavailing. WHEREFORE, the defendants respectfully request that this Court enter an order compelling plaintiff's attendance at a deposition to be convened at a mutually convenient time and place. In the alternative, defendants request that the Court issue an order dismissing this case. Defendants request, in any case, that the Court award their reasonable attorney fees in pursuing this motion.

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Case 3:01-cv-01927-WWE

Document 59-2

Filed 08/08/2005

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DEFENDANTS, STATE OF CONNECTICUT, DEPARTMENT OF SOCIAL SERVICES, RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

__________________________ Tammy D. Geathers Assistant Attorney General Federal Bar No. Ct22426 55 Elm Street - P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5340 Fax: (860) 808-5383 Email: [email protected]

CERTIFICATION

I hereby certify that pursuant to § 5(b) of the Federal Rules of Civil Procedure, a copy of the fully executed foregoing Defendants' Memorandum of Law In Support Of Motion to Compel And/Or Sanctions was mailed, first class postage prepaid, this 5th day of August, 2005 to:

John R. Williams, Esq. Katrena Engstrom, Esq. Williams and Associates 51 Elm Street, Suite #409 New Haven, CT 06510

________________________ Tammy D. Geathers Assistant Attorney General 3

Case 3:01-cv-01927-WWE

Document 59-2

Filed 08/08/2005

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