Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00118-MRK

Document 81

Filed 03/25/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LORI RAYMOND, et al. Plaintiffs, Individually and on behalf of all other persons similarly situated, V. JOHN ROWLAND, in his official capacity as Governor of the State of Connecticut, and PATRICIA WILSON-COKER, in her official capacity as Commissioner of the State of Connecticut Department of Social Services, Defendants. : : : : : : : : : : : : : : : : CIVIL ACTION NO. : 303CV0118 (MRK) March 24, 2004 : CLASS ACTION

PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Pursuant to Federal Rule of Civil Procedure 15(a), the plaintiffs respectfully move for leave to file the attached Second Amended Complaint. As grounds therefor, plaintiffs respectfully submit the following: 1. Plaintiffs previously filed their Second Amended Complaint on February 23, 2004, per leave of the Court granted orally at a hearing on January 22, 2004. 2. Defendants will suffer no prejudice by plaintiffs' filing of the Second Amended Complaint, since the amended portions do not reflect surprise allegations in any way. The Second Amended Complaint refines the allegations as to the role of the

defendant Governor in the series of events leading to an alleged systemic deprivation by the Governor and the defendant Department of Social Services (DSS) Commissioner of

Case 3:03-cv-00118-MRK

Document 81

Filed 03/25/2004

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the reasonable accommodation rights of plaintiffs under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Plaintiffs made these allegations in their Opposition to Defendants' Motion to Dismiss the Defendant Governor dated October 21, 2003 and subsequently in response to questions from the Court during oral argument on January 22, 2004. The Second Amended Complaint also includes updated factual allegations regarding each of the named plaintiffs to reflect their current status with respect to receipt of DSS-administered benefits. 3. Defendants are not hampered in any aspects of discovery by the amendment of plaintiffs' Complaint, since they have not commenced discovery in this matter to date. In addition, defendants have not relinquished any remedies of responsive pleading, either by answer or motion to dismiss, if appropriate. 4. Leave to amend should be freely granted to plaintiffs, as justice so requires, pursuant to Rule 15(a). Respectfully submitted, Plaintiffs _______________/s/_______________ BY: Greg Bass (ct18114) Greater Hartford Legal Aid 999 Asylum Ave., 3rd Floor Hartford, CT 06105-2465 Phone: 860.541.5018 Fax: 860.541.5050 E-Mail: [email protected]

Case 3:03-cv-00118-MRK

Document 81

Filed 03/25/2004

Page 3 of 3

CERTIFICATION I hereby certify that the foregoing Plaintiffs' Motion for Leave to File Second Amended Complaint was served in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on this 24th day of March 2004, by U.S. mail, first class, postage prepaid and addressed to: Hugh Barber, Esq. Peter Brown, Esq. Richard J. Lynch, Esq. Assistant Attorneys General Office of the Attorney General 55 Elm St., P.O. Box 120 Hartford, CT 06141-0120

_______________/s/______________ Greg Bass