Free Reply to Response to Motion - District Court of Connecticut - Connecticut

12/10/2¤°ee‘e6ei2%91Ee¥»-001so-RNG Document 514-5 Filed 01/1 3/2006 Paget er 2 U1 i
I i I LAW OFFICES or
DAVID C. SHAW i
- 179 ALLYN STREET, SUITE 407 T
p HARTFORD, CT 06102. .
te1ephon.e;(86Dj 724-2771
fax: (560) 72+2aoe —
David c. shaw _ ¥
Andrew A. Feinstein
December 10, 200} i
VIA FACSIMILE
AND FIRST CLASS MAIL
i Ralph Urban, Esq.
Assistant Attorney General _
State of Connecticut
P.O. Box 120
Hartford, CT 06141
Re: PJ. v- SDE
Dear Ralph:
Thank you for your letter dated December 7, 2001. Following up on the
_ conversation you had with Frank today we would suggest the following changes to g
the second paragraph of your letter.
Our proposal is that the second paragraph should read:
Under controlling law, the defendants do not interpret Section X of the agreement
to preclude the Court from awarding reasonable attomeys’ fees and costs to the
plaintiffs to the extent the are found to he revailin in an action to show
that defendants had failed to substantially comply with the consent decree.
The additional language covers the possible, indeed likely, situation of the parties
settling enforcement disputes without a Court hearing or Ending. Of course, because your
proposed letter does not rule out all circurnstances under which Section X may arguably
constitute a waiver, and the argument may be made in the future, plaintiffs wish to make
- clear that our position is and will be that Section X does not constitute a waiver of claims
for attomeys’ fees and costs otherwise properly brought before the Court under the existing ‘
case law.

"}[Ea%g°éi)91Fél}-00180-RNC Document 514-5 Filed 01/13/2006 Page 2 er 2 Q U2 2
Ralph Urban, Esq. i
December 10, 2001 z
Page two `
As you know, I will be undergoing surgery next week. We hope this will be
resolved before that, but if that is not possible, X would appreciate it if you would respond Q
directly to Frank Laski, with a copy to my office.
Sincerely,
David c. shew
DCS:cs i Q
cc: Honorable Donna F, Martinez l
Frank J. Laski, Esq. j