Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT __ Q .E.,,.»s__-,e;;n,i;ilf
DISTRICT OF CONNECTICUT "`Z
THOMAS MATYASOVSZKY et al., on behalf of : _
_ themselves and all others similarly situated, : `
Plaintiffs, : CIVIL ACTION NO.
: 3:03 CV 968 (WIG)
V. :
HOUSING AUTHORITY OF THE CITY OF OCTOBER 25, 2004
BRIDGEPORT et al. :
Defendants. :
MOTION TO AMEND COMPLAINT
AND JOIN ROBERT GRAHAM AS A PARTY DEFENDANT R
Plaintiffs, pursuant to Rules l5(a) and 20Qa) of the Federal Rules of Civil _
Procedure, hereby move this Court for an order granting leave to amend the complaint
and to join Robert Graham, recently hired Interim Executive Director ofthe Housing
Authority of the City of Bridgeport ("BHA"), as a party defendant. This motion is based
on the following facts:
1. This action was filed on May 30, 2003 against defendant Collin Vice, as
Executive Director of the BHA, and others, to challenge their- policy and practice of
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operating a public housing complex intended equally for both elderly and disabled tenants \
an an "elderly only" complex. Plaintiffs have alleged violations of the state and federal i
fair housing acts, the Americans with Disabilities.Act and the Rehabilitation Act.






Case 3:03-cv-OO96@|G Document 119 Filed 10/@004 Page 2 of 4
2. Defendant Vice served as Executive Director until December 22, 2003, when
she was terminated from her position. Ms. Vice oversaw the unlawful operation of
Fireside Apartments as a de facto "elderly only" complex, and failed and refused to
rescind the discriminatory practices and policies that denied disabled persons access to I
public housing intended for disabled persons.
3. Defendant Judit Grof-Tisza was hired on December 22, 2003 to serve as
Acting Executive Director. She continued the same illegal policies and practices which
prompted filing of this case in the first instance. I
4. In or about August, 2004, defendant Grof—Tisza resigned her position and was
replaced as Acting Executive Director by Patsy Michelle. A motion to join Ms. Michelle I
as a party defendant is now pending before the Court. During her brief tenure, proposed
defendant Michelle failed to rescind the discriminatory practices of the BHA and failed to I
remediate the harm caused to current and past disabled applicants who were entitled to be I
considered for elderly/disabled housing at Fireside Apartments but were precluded from
receiving such consideration because of the BHAi’s illegal actions and policies. I
5. On or about October 5, 2004, Ms. Michelle was replaced by a consultant,
proposed defendant Robert Graham, who now serves as interim executive director. Upon
information and beliet] and according to published reports, Mr. Graham was hired
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pursuant to a Memorandum of Understanding between the BHA and HUD and is based [
on findings made by HUD that the BHA is a “trorub1ed" housing authority. The
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Memorandum provides for monthly oversight by HUD until problems leading to the l
BHA’s "troub1ed" status are resolved.
6. This is the third request to join a new party to this action and the third request
to amend the complaint.
THE PLAINTIFFS,
BY@a§?ano l
Alam Rosner, Esq. (Ct 10414) l
1115 Main Street, Suite 415
Bridgeport, CT 06604
(203) 384-1245
Fax =(203) 384-1246
A1an_y;[email protected] \
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Case 3:03-cv-OOQGTVWG Document 119 Filed 10/265004 Page 4 of 4
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CERTIFICAIION
This is to certify that a copy of the foregoing motion has been served by regular
first class mail postage prepaid on this 25th day of October, 2004 to Michael
Ryan, Esq., Ryan, Ryan Johnson & Deluca, LLP, P.O. Box 3057, 80 Fourth
Street, Stamford, CT 069056057.
Alan Rosner I
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