Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00924-AVC Document 27-3 Filed 10/25/2004 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT (Hartford)
DIRECTV, INC. ) Case No.: 3:03CV0924 AVC
)
Plaintiff, )
) AFFIDAVIT OF JOHN M.
vs. ) McLAUGHLIN IN SUPPORT OF
) PLAINTIFF'S MOTION AMEND
Bernard Thomas ) SCI-IEDULING ORDER
)
Defendant )
, )
Now comes John M. McLaughlin, Attorney for the Plaintiff in the above-entitled
action, and, on oath, states the following:
1. On April 12, 2004, I noticed the deposition of the Defendant to be held in
Hartford, Connecticut on March 25, 2004 at 10:00 a.m.;
2. On the morning of March 25, 2004, I drove directly to Hartford from my home
in Northampton, Massachusetts in order to be on time for the deposition;
3. Only after arriving in Hartford was I informed by my office that there was a
voicemail from after business hours on the prior day wherein the Defendant stated
he would not be attending the deposition;
4. On April 16, 2004 and again on April 19, 2004 (via electronic mail) my office
made and served upon the Defendant Request for Production and interrogatories;
5. To date we have had no response from the Defendant;

Case 3:03-cv-00924-AVC Document 27-3 Filed 10/25/2004 Page 2 of 2
6. I have called the Defendant prior to bringing this pending motion, but I have not
received a return telephone call.
Subscribed and sworn to, under the pains and penalties of perjury, this 22nd day of
October , 2004. I
/
hn . M augh in (CTl 6988)
e , Miles, Lip on & Fitz-Gibbon
l T bull Road
.0. Box 21 O
Northampton, MA 01061-0210
(413) 586-0865