Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00943-AWT

Document 141

Filed 01/18/2008

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HARTFORD GARY SESSION, Plaintiff V. EDWIN RODRIGUEZ, ET AL. Defendants JANUARY 18, 2008 CIVIL ACTION NO. 3:03-cv- 00943 (AWT)

OBJECTION TO MOTION FOR PROTECTIVE ORDER AND CROSS MOTION TO COMPEL PRODUCTION OF DOCUMENTS

Pursuant to Fed. R. Civ. P. Rule 37 and Local Rule37, the Plaintiff hereby objects to the defendant Edwin Rodriguez's Motion for Protective order dated January 9, 2008 and moves for an order compelling production of the defendant's entire internal affairs file from the New Haven Police department. In support thereof, the Plaintiff represents that: 1. The Defendant has failed to file a Memorandum of Law in support of the

Motion for Protective Order in violation of Local Rules of Civil Procedure 7(a) and 37(a)(3); 2. The defendant has failed to provide a privilege log with the Motion for

Protective Order in violation of Fed. R. Civ. P. 26(b)(5)(A), Local Rule 37(a)(1) and the decisions of this Court. 3. The defendant has waived any claim to privilege by previously producing

some of the documents contained in the internal affairs file;

Case 3:03-cv-00943-AWT

Document 141

Filed 01/18/2008

Page 2 of 2

4.

The material sought is directly relevant to Plaintiff's claims and the

defense of qualified immunity. A memorandum of law in support of this objection and cross motion is annexed hereto. THE PLAINTIFF GARY SESSION

By /Roy S. Ward/ Roy S. Ward, Esq. 3695 Post Road, Suite 203 Southport, CT 06890 Tel: (203) 255-9829 Fax: (203) 255-9839 Email: [email protected] Fed. Bar. No. ct11618

CERTIFICATION I hereby certify that on January 18, 2008 a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System.

/Roy S. Ward/ Roy S. Ward/