Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 2:91 —cv-001 80-RNC Document 546 Filed 02/07/2008 Page 1 of 3
UNITED STATES DISTRICT COURT at I
DISTRICT OF CONNECTICUT
P.J., et al., : CIVIL NO.
Plaintiffs, : 29lCV00l80 (RNC)
v. :
STATE OF CONNECTICUT, etal.
Defendants. : FEBRUARY 4, 2008
MOTION FOR PERMISSION TO FILE SUPPLEMENTAL BRIEF
The Plaintiffs request permission to file a response to the Defendant’s Supplemental
Response to the Plaintiffs’ Motion to Compel, filed on January 9, 2008. [Doc. # 545] In support
of this motion the plaintiffs represent that on January 9, 2008 the Defendant Connecticut
Department of Education ("CSDE") filed a Supplemental Memorandum in Opposition to
Plaintiffs’ Motion to Compel. [Doc. # 532] ("Supplemental Response."). The Defendants’
Supplemental Response was filed more than four months after the Motion to Compel was filed
and well after briefs were submitted. Defendants assert in that Supplemental Response that
CSDE recently provided plaintiffs with a newly created longitudinal data base on all class
members and that that data base will enable plaintiffs to track all class members and assess why
the class has been reduced in size by more than 1000 class members since this case was settled.
In light of this new disclosure defendants argue that Plaintiffs’ Motion to Compel should be
denied.
Plaintiffs have asked their experts to review this data base to determine if it will provide
all the information plaintiffs need to fulfill their obligation as class representatives, or whether

Case 2:91-cv-00180-RNC Document 546 Filed 02/07/2008 Page 2 of 3
the data requested in their Motion to Compel is still needed.
Plaintiffs request permission to file a reply to the Defendants’ Supplemental Response
on or before March ll, 2008. This should allow Plaintiffs’ experts sufficient time to review this
new data base and advise Plaintiffs’ counsel as to whether the defendants’ new data base
provides plaintiffs with the data they need to assess defendants’ compliance with the Settlement
Agreement.
Darren Cunningham, Esq., counsel for the Defendants, has been contacted. He consents
to this request.
PLAINTIFFS, .
By _` Q'.; _ Qi, -
David C. Shaw, Esq.
The Law Offices of David C. Shaw, LLC
Fed. Bar No. ct05239
34 Jerome Ave., Suite 210
Bloomfield, CT 06002
Tel. (860) 242-1238
Fax. (860) 242-1507
Email: [email protected]
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Case 2:91-cv-00180-RNC Document 546 Filed 02/07/2008 Page 3 of 3
CERTIFICATION
This is to certify that a copy of the foregoing was mailed first class, postage prepaid to
counsel of record on February 4, 2008:
Darren P. Cunningham
Assistant Attorney General
State of Connecticut
P.O. Box 120
Hartford, CT 06141
,. tl/{ at QL
David C. Shaw, Esq.
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