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

Case 3:02-cv-02147-JBA

Document 33

Filed 03/23/2004

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

CIVIL ACTION NO. 3:02 CV 2147 (JBA)(JGM)

BRIAN FOLEY Defendant

:

MARCH 22, 2004

DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR COMPELLING DISCLOSURE OR DISCOVERY The defendant in the above-captioned matter respectfully objects to the plaintiff's Motion for Compelling Disclosure or Discovery, and state that same is for good cause as follows. The discovery at issue, as well as the objections thereto, is attached hereto as Exhibit A. The defendant is prepared to answer interrogatories nos. 1, 2, 8 and 9, and has already filed his Rule 26(a) Initial Disclosure, which is attached hereto as Exhibit B. To some extent, that Disclosure is responsive to plaintiff's interrogatories.

Case 3:02-cv-02147-JBA

Document 33

Filed 03/23/2004

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As this plaintiff makes no claims based upon a Monell theory, the conduct and behavior of the defendant, beyond the instant episode, should not be viewed as being calculated to lead to the discovery of admissible evidence. Finally, the defendant has a Motion to Dismiss pending, indicating that the plaintiff's claims should be dismissed, as they are time barred by the applicable statute of limitations. For the foregoing reasons, it is respectfully submitted that the plaintiff's Motion for Compelling Disclosure or Discovery be denied, and that no sanctions be imposed. 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

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Case 3:02-cv-02147-JBA

Document 33

Filed 03/23/2004

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CERTIFICATION This is to certify that on this 22nd day of March, 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
529860.1(HS-FP)

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