Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-02147-JBA

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Filed 03/23/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MIGUEL A. DIAZ Plaintiff VS. : : : : : : : :

CIVIL ACTION NO. 3:02CV2147 (JBA)

BRIAN FOLEY Defendant

FEBRUARY 27, 2004

DEFENDANT'S RULE 26(a) INITIAL DISCLOSURE Pursuant to the provisions of Rule 26(a)(1), the undersigned defendant hereby makes the following required initial disclosure: A. The name and, if known, the address and telephone number of

each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information. ANSWER: 1. Sgt. Brian Foley, 50 Jennings Road, Hartford, CT 06120 (860) 527-7300 2. Officer Paul Varkal, 50 Jennings Road, Hartford, CT 06120 (860) 527-7300 B. A copy of, or a description by category and location of, all

documents, data compilations, and tangible things that are in the possession,

Case 3:02-cv-02147-JBA

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custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment. ANSWER: C. See attached Closed Adult Arrest Form for the subject arrest. A computation of any category of damages claimed by the

disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered. ANSWER: D. Not applicable. For inspection and copying as under Rule 34 any insurance

agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. ANSWER: E. Available for inspection. The identity of any person who may be used at trial to present

evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. ANSWER: The undersigned defendant has not yet retained an expert to testify as a witness in this matter, pursuant to Rule 702, 703 or 705. Should the defendant identify such a witness, he will comply with

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the applicable Rules of Civil Procedure regarding disclosure of same. DEFENDANT, BRIAN FOLEY

BY: ________________________ James J. Szerejko Fed. Bar No. ct 04326 HALLORAN & SAGE LLP One Goodwin Square Hartford, CT 06103 Tele: (860) 522-6103 His Attorney [email protected] CERTIFICATION This is to certify that on this 27th day of February, 2004, the foregoing was either mailed, postpaid, or hand-delivered to: Miguel A. Diaz #250008 MacDougall Corrections Institute 1153 East Street South Suffield, CT 06080

____________________________ James J. Szerejko
516280.1)

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