Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00943-AWT Document 139-2 Filed O1/O9/2008 Page 1 of 3
1
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF CONNECTICUT
**************************************
GARY SESSION * CIVIL ACTION NO.
Plaintiff * 3:03-CV—00943 (AWT)
>l·=
VS. *
EDWIN RODRIGUEZ et al. * JANUARY 9, 2008
Defendants *
·k·k·k*********·k**k·kic·k·k·k9:**9:*9:***%**********%********
AFFIDAVIT
STATE OF CONNECTICUT)
J ) ss: New Haven January 9, 2008
COUNTY OF NEW HAVEN )
The undersigned being duly sworn and cautioned hereby deposes and says:
l. I am over the age of 18 years and understand and believe in the obligations of an oath.
2. I am an Attorney with the firm of Susman, Duffy & SegalofliQ P.C., and represent
Defendant, Edwin Rodriguez.
3. The Plaintiff has requested the entire personnel tile for Edwin Rodriguez, along with
i any internal affairs investigations related to Edwin Rodriguez, through various discovery requests.
1 4. On December 20, 2007, the undersigned removed certain documents Hom
corporation counsel’s office, specifically internal affairs investigation tiles related to Edwin
susMAN, DUFFY & SEGALOFF, Ec. · ATTORNEYS AT LAW
•=·.o.aox 1004 · NEW HAVEN, CONNECTICUT 065071 (20a)e24»0a:s0 · Juans NUMBER 62505

Case 3:03-cv-00943-AWT Document 139-2 Filed O1/O9/2008 Page 2 of 3
?
l
Rodriguez and personnel information for Edwin Rodriguez and Stephen Coppola, who was formerly
a defendant in this action.
5. On January 7, 2008, Plaintiff s counsel issued a written demand, via correspondence,
for iiill disclosure of the documents removed nom the New Haven Corporation Counsel’s files.
6. On January 8, 2008, the undersigned was informed by Edwin Rodriguez of a
settlement agreement with the City of New Haven, in an unrelated matter, the terms of which may
serve to preclude production of the documents at issue.
7. On January 8, 2008, the undersigned made good faith efforts to determine the exact
terms of the settlement by contacting Edwin Rodriguez’s prior counsel.
8. Prior counsel for Rodriguez will make efforts to retrieve her files and will forward
the relevant settlement documents.
9. The undersigned has consistently maintained that all relevant, non—privileged
documents nom Edwin Rodriguez’s personnel file would be disclosed to the Plaintiff
10. Notwithstanding, the Plaintiff demands full disclosure of all personnel and internal
affairs investigation documents.
ll. The parties are unable to resolve this dispute.
l2. Accordingly, it is necessary for the court to rule on the Motion for Protective Order
submitted by the Defendant, Edwin Rodriguez.
L
G Jl, g,.
Meghan Gal ghe
l
sus1v1Ar~1, DUFFY & SEGALOFF, nc. - ATFORNEYS AT LAW
R r=•.o.Box 1684 - New HAVEN, comuscrncur O65072(203)524—9830 · sums Nuavnaea 62505

K l
Case 3:03-cv-00943-AWT Document 139-2 Filed O1/O9/2008 Page 3 of 3
Subscribed and sworn to before me this 9th day of January, 2008.
M fg)! .
‘ otary Public
My Commission Expires: 5/gofék
CERTIFICATION
I hereby certify that on J anuary 9, 2008 a copy ofthe foregoing Affidavit was filed
electronically and served by mail on anyone unable to accept electronic tiling. 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 tiling as indicated on the Notice of Electronic Filing. Parties
may access this tiling through the court’s CM/ECF System.
/s/ Meghan K. Gallagher
Meghan K. Gallagher
Federal Bar No. ct 26914
Susman, Duffy & Segalofi P.C.
55 Whitney Avenue
New Haven, Connecticut 06510
Phone: (203) 624-9830
Fax: (203) 562-8430
e-mail: mgallagher(@,susma11duf_fy.com
SUSMAN, nutty as. SEGALOFF, ac. - ATTORNEYS AT LAW
t¤.o.Box teal: - new HAVEN, connecticut ussotg (zoa)e24-asso · Jums nurmsrza szsos