Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00471-DJS

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Filed 03/10/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ISAAC L. SMITH, Plaintiff, v. : JOHN E. POTTER, POSTMASTER GENERAL OF THE UNITED STATES, : Defendant. : : : CIVIL NO. 3:03CV00471(DJS)

DECLARATION OF CAROLYN A. IKARI Pursuant to 28 U.S.C. §1746, I, Carolyn A. Ikari, being duly deposed and sworn, state as follows: 1. I am over the age of 18 and understand the obligations

of an oath. 2. I am an Assistant United States Attorney in the I represent the defendant in this

District of Connecticut. action.

At the start of this litigation, Plaintiff, who is

proceeding pro se, failed to cooperate in preparing a proposed Case Management Plan. See introductory recitations in

Defendant's Form 26(f) Report, docket no. 9, at 1. 3. Plaintiff's deposition was originally to take place on Notice of Deposition, Attachment A. It was

January 12, 2004.

rescheduled at Plaintiff's request.

Plaintiff's Response To Defendant had to

Defendant's Notice of Deposition, Attachment B.

seek an extension of discovery in order to accommodate Plaintiff's unavailability. See Defendant's Motion, docket no.

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22. 4. 5. Discovery closes on March 15, 2003. In Attachment B, the Plaintiff promised that he would

contact Defendant by February 13, 2004 to schedule his deposition. He did not do so. Defendant has since placed

repeated telephone calls to Plaintiff requesting a deposition date, but Plaintiff did not respond. 6. On February 27, 2004, Defendant noticed Plaintiff's Amended

rescheduled deposition for Friday, March 12, 2003. Notice of Deposition, Attachment C.

Defendant received the

signed return receipt on March 2, 2004, which means that Plaintiff had received the Amended Notice some time before March 2. Signed Postal Service Receipt, Attachment D. 7. On the eve of the deposition, which was 11 days after

receiving the Amended Notice of Deposition, Plaintiff handdelivered a copy of Plaintiff's Request For Defendant To Disclouse In Writing The Questions And Scope Of Questions And Or Submit Interrogatories Prior To Scheduling Deposition, Attachment E, to the receptionist's window of my office. I immediately

telephoned Plaintiff and left him a message that he had to appear for and testify at his deposition. I explained that the reasons

in his pleading were not adequate under the Federal Rules to justify not coming to the deposition. 8. Plaintiff left me a voice mail in response which I did -2-

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not receive until the morning of the deposition. that he will not attend the deposition.

Plaintiff said

He claimed he had filed

a pleading about this in January and would let me know when he is ready. 9. I immediately telephoned Plaintiff and left a message Again I explained that he had to come

on his answering machine.

for his deposition, particularly in light of the expiration of the discovery period on Monday, and that his reasons for canceling were not sufficient. I also relayed my intention to

seek the costs of the court reporter and sanctions. 10. Plaintiff did not appear, notwithstanding proper notice The Government incurred

and the messages left for Plaintiff.

$149.00 in court reporter costs in conjunction with the attempted deposition. Invoice, Attachment F. The Government did not incur

substantial paid attorney time in preparation, since the deposition is to be taken by a law intern. 11. The defendant cannot adequately prepare the defense of

this case without deposing the plaintiff. 12. I have tried to contact Mr. Smith by telephone both

yesterday afternoon and this morning to discuss this issue in a good faith effort to resolve this problem without the intervention of the Court. Mr. Smith was not there and I left The one message he left me

messages on his answering machine.

stated that he would not attend his deposition and would let me

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know when he was ready. I declare under penalty of perjury that the foregoing is true and correct.

Executed ____________

___________________________ CAROLYN A. IKARI ASSISTANT U.S. ATTORNEY

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