Free Response - District Court of Connecticut - Connecticut

` I Case 3:02-cv—0210€j)JS Document 23 Filed 05/1 €§004 Paget of 3
UNITED STATES DISTRICT COURT » .. ,,,.,,__,__
DISTRICT OF CONNECTICUT . N
CORINE CARR, ) mm! MAY I2 A lf} 53
Plaintiff E U- QEDURT
v. ) Docket No. 3:O2CV2100 (DJS) .
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UNITED STATES POST OFFICE)
HAMDEN BRANCH, ) L
Defendant N May 11, 2004
DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO SUBMIT
"CONTINUlNG EVIDENCE" OF "VERBAL ACTS" BY THE DEFENDANT N
The Defendant in the above-captioned action hereby responds to
- Plaintiffs motion to submit "continuing evidence" of "verbaI acts", allegedly
directed at the Plaintiff by the Defendant.
This case proceeded through discovery and the Defendant has moved N
for summary judgment. The Plaintiff filed her opposition to the Defendants N
dispositive motion and, subsequently, tiled another opposition. The Plaintiff now N
seeks to submit the instant motion, as yet further opposition to the Defendant’s N
pending summary judgment motion. ` N
The Defendant respectfully submits that the Plaintiffs allegations are N
inapposite to the pending action, inasmuch as the Plaintiff alleges the occurrence
of certain events on April 23, 2004, a date not previously identified in the instant
complaint or in any administrative claim filed by the Plaintiff with the United
States Postal Service relative to the instant complaint. Further, the Plaintiffs N
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- l` Case 3:02-cv—021 06:53.18 Document 23 Filed 05/12/2004 Page 2 of 3
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motion essentially seeks to amend her complaint to add further claims, after
discovery has closed and the issues have been joined in the summary judgment
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motion process. Such a de facto amendment would prejudice the Defendant,
which has not received the requisite notice/claim ofthe events alleged to have N
occurred on April 23, 2004. Further prejudicing the Defendant is the fact that the ,
Defendant's first notice of the alleged occurrences was the Plaintiffs motion and,
as such, the Defendant has not had the opportunity to take discovery relative to
these allegations.
For the reason set forth above, the Defendant respectfully submits that the
Court should deny the Plaintiffs motion. 1
The Defendant
By its attorney:
KEVIN J. O’CONNOR {
United States Attogey
ff I {
Anthony T. Ri U
Special Assistant U.S. Attorney
United States Postal Service
Northeast Area Law Office
8 Griffin Road North ,
Windsor, CT 06006-0170
(860) 285-7098
E-Mail: anthony.t.rice.usps.gov I
Connecticut Federal Bar No. ct 22474 .

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- ‘ Case 3:02-cv-0210Q;DJS Document 23 Filed 05/12/2004 Page 3 of 3 [
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CERTIFICATE OF SERVICE
I, Anthony T. Rice, Special Assistant U.S. Attorney, hereby certify that I l l
served a copy of the attached document, by first-class mail, postage prepaid,
upon the following persons: l
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Corine Carr
42 Goodyear Street F
New Haven, CT 06511 =
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Dated: May 11, 2004
Anthon T. Rice
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