Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:01-cv-01908-AVC

Document 171

Filed 11/25/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOHN WARD Plaintiff v. ROBERT MURPHY, et al. Defendant : : : : : : : CIVIL ACTION NO. 3:01CV1908 (AVC)

November 24, 2003

DEFENDANTS' MOTION FOR PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Defendants, employees of the Department of Children and Families, Robert Murphy, Ralph Arnone, Roger Lima, Sandara Liquindoli and Edward Federci, (hereinafter, "State Defendants") seek a stay of all the interrogatories and production requests filed by the plaintiff of the State Defendants. The grounds for said request are as follows: (1) The State Defendants have filed a Motion for Summary Judgment alleging that they are

not liable under the doctrine of qualified immunity. That Motion should be decided prior to the State Defendants being subjected to answering burdensome and time consuming interrogatories and production requests . The State Defendants have already provided the plaintiff with a copy of the DCF record pertaining to this case. The plaintiff also has access to all of his and his daughter's mental health and or medical records and has in his possession the police incident reports. (2) The plaintiff's requests for production are overly broad, burdensome and harassing in that

he is seeking "[t]he defendant's personnel file", "[a]ll training materials used to train the above defendant in regards to his/her duties under the ADA, Rehabilitation Act of 1973 and Connecticut statutes prohibiting discrimination based on disability and gender" and "[a]ll

Case 3:01-cv-01908-AVC

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documents created by the defendant independently of his/her employment. These include but are not limited to notes, diaries, reports, personal letters, or other records ­ which refer in any manner to the above titled federal law suit or its parties" from each state defendant. The State Defendants submit the attached Memorandum of Law in support of this Motion for Protective Order and respectfully requests that the Motion for Protective Order be granted.

STATE DEFENDANTS BY: RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_/s/_________________ Carolyn Signorelli Assistant Attorney General Federal Bar No.ct 17534 55 Elm Street, 3rd Fl. Annex Hartford, CT 06l06 Tel: (860) 808-5160 Fax: (860) 808-5384

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CERTIFICATION I hereby certify that a copy of the foregoing was mailed in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on this 24th day of November, 2003, first class postage prepaid to: Mr. John Ward 18 Garmella Boulevard Danbury, CT 06810 James Williams, Esq. Williams, Walsh & O'Connor 110 Washington Avenue, 2nd Fl. North Haven, CT 06473 Stephen Fogerty, Esq. Halloran & Sage, LLP 315 Post Road West Westport, CT 06880 Heidi M. Cilano, Esq. Garie J. Mulcahey, Esq. Bai, Pollock, Blueweiss & Mulcahey, P.C. 10 Middle Street Bridgeport, CT 06604

_/s/_________________________ Carolyn Signorelli Assistant Attorney General

Case 3:01-cv-01908-AVC

Document 171

Filed 11/25/2003

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