Free Motion to Quash - District Court of Connecticut - Connecticut

Case 3:01-cv-01913-DJS

Document 87

Filed 09/25/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HOWARD JOHN GOMBERT, Plaintiff, vs. LARRY LYNCH and WILLIAM KAMINSKI Defendants. : : : : : : NO. 3:01CV1913(DSJ)

SEPTEMBER 25, 2006

MOTION TO QUASH SUBPOENA Pursuant to Rules 34(b) and 45(c)(3)(A) of the Federal Rules of Civil Procedure, and Rule 37 of the Local Rules of Civil Procedure, defendants Larry Lynch, William Kaminski and the New Milford Police Department (the "NMPD") respectfully move this Court to quash the subpoena duces tecum, dated September 11, 2006 and directed to the NMPD for the reason that it is untimely, unreasonably cumulative, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. In particular, the discovery deadline in this action

expired more than two years ago on August 14, 2004, after the plaintiff engaged in substantial written discovery of which the subpoena is duplicative.

Case 3:01-cv-01913-DJS

Document 87

Filed 09/25/2006

Page 2 of 3

As more fully discussed in the attached memorandum of law, the plaintiff's subpoena, dated September 11, 2006, should be quashed. Pursuant to Local Rule 37(a)(2) an affidavit of

counsel regarding this matter is also attached hereto. WHEREFORE, the defendants Larry Lynch, William Kaminksi, and the New Milford Police Department request that the Court grant this Motion to Quash. LARRY LYNCH, WILLIAM KAMINSKI and NEW MILFORD POLICE DEPARTMENT BY_____________________________ James N. Tallberg Federal Bar No.: ct17849 Karsten & Dorman, LLC 29 South Main Street West Hartford, CT 06107 Their Attorney [email protected]

Case 3:01-cv-01913-DJS

Document 87

Filed 09/25/2006

Page 3 of 3

CERTIFICATION I hereby certify that on September 25, 2006 a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will

be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing. Court's system. /SS/ James N. Tallberg Parties may access this filing through the