Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00253-JBA

Document 63

Filed 01/15/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WILLIAM SPECTOR v. EQUIFAX INFORMATION SERVICES, LLC CASE NO. 3:03CV 253 (JBA) January 15, 2004

MEMORANDUM IN SUPPORT OF MOTION FOR ORDERS The posture of this litigation has entirely changed. Equifax is now taking positions inconsistent with its prior positions (a) that certain documents represent the offline procedure and (b) it never received either of plaintiff'requests for s disclosure of his file. Further discovery, not anticipated based on the prior representations of defense counsel, is necessary before trial. " District courts should not countenance ` purposeful sluggishness' in discovery on the part of parties or attorneys and should be prepared to impose sanctions when they encounter it." Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002). Plaintiff's Motion should be granted. THE PLAINTIFF

BY______________________ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 065l1 (203) 772-0395

Case 3:03-cv-00253-JBA

Document 63

Filed 01/15/2004

Page 2 of 2

This is to certify that the foregoing and attached was mailed on January 14, 2004, postage prepaid, to: J. Anthony Love Kilpatrick Stockton 1100 Peachtree St #2800 Atlanta GA 30309-4530

____________________________ Joanne S. Faulkner