Free Motion for Order - District Court of Connecticut - Connecticut

Case 3:02-cv-02132-AWT

Document 22

Filed 01/28/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ROY SASTROM AND ROBERT KALMAN Plaintiff v. JAMES CASSIDY, PH.D., JD., AND GARRELL MULLANEY, C.E.O. Defendants : : : : : : : : : CIVIL ACTION NO. 3:02cv02132 (AWT)(DFM)

JANUARY 27, 2004

DEFENDANT'S MOTION FOR ORDER The defendants in this matter move this Court for an Order pursuant to Fed. R. Civ. P. 37(b)(2)(C) and 37(d) rendering a judgment by default against plaintiffs for failure to serve answers to Defendants' First Set Of Interrogatories And Request For Production Of Documents To Plaintiffs, dated August 13, 2003. As discussed in detail in the attached memorandum of law in support of this motion, dismissal is the appropriate remedy given plaintiffs' failure to provide responses to the interrogatories while at the same time filing motions, discovery requests and lawsuits. In the alternative, defendants move that this Court order the plaintiffs to immediately comply with the discovery requests. For the foregoing reasons, defendants respectfully request that the court dismiss this action with prejudice for failure to answer the Defendants' First Set Of Interrogatories And Request For Production Of Documents To Plaintiffs or, in the alternative, order plaintiff to immediately comply with the discovery requests.

Case 3:02-cv-02132-AWT

Document 22

Filed 01/28/2004

Page 2 of 2

DEFENDANTS RICHARD BLUMENTHAL ATTORNEY GENERAL Richard J. Lynch Assistant Attorney General BY: _________________________________ Patrick B. Kwanashie Assistant Attorney General Federal Bar No. ct09206 55 Elm Street, P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5210 Fax: (860) 808-5385 E-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing Defendants' Motion for Order was mailed in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on this 27th day of January, 2004, first class postage prepaid to: Roy Sastrom, Pro Se Whiting Forensic Institute 70 O'Brien Drive Middletown, CT 06457 Tel.: (860) 346-9408 Robert Kalman, Pro Se Whiting Forensic Institute 70 O'Brien Drive Middletown, CT 06457 Tel.: (860) 346-9408

__________________________________ Patrick B. Kwanashie Assistant Attorney General Federal Bar No. ct09206

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