Free Motion to Compel - District Court of Connecticut - Connecticut

Case 3:03-cv-00471-DJS

Document 29

Filed 03/12/2004

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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. : MARCH 12, 2004 : : CIVIL NO. 3:03CV00471(DJS)

DEFENDANT'S RULE 37(d) MOTION FOR SANCTIONS AND RULE 37(a) MOTION TO COMPEL DEPOSITION The defendant Postmaster General of the United States respectfully moves pursuant to Rule 37(d), Fed. R. Civ. P., for reimbursement for $149.00 in court reporter expenses as sanctions for failing to cooperate in discovery and refusing to be deposed. The defendant also seeks an order pursuant to Rule 37(a) that, in the event the pending motion for judgment on the pleadings is denied, Plaintiff must appear and testify at his deposition within 30 days of the denial of Defendant's motion. In support of this motion, Defendant relies on the accompanying memorandum of law and Declaration pursuant to Rules

ORAL ARGUMENT IS NOT REQUESTED

Case 3:03-cv-00471-DJS

Document 29

Filed 03/12/2004

Page 2 of 2

7(a) and 37(a)2 of the Local Rules of Civil Procedure.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

CAROLYN A. IKARI ASSISTANT U.S. ATTORNEY 450 Main Street Hartford, Connecticut 06103 (860) 947-1101 Fed. Bar No. ct13437

CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid, via first-class mail, this 12th day of March, 2004, to: Isaac L. Smith 40 Sycaway Street West Haven, Connecticut

06516 ________________________________ CAROLYN A. IKARI