New Haven 20 - Ricci Status 11.24
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
FRANK RICCI, ET AL, Plaintiffs V.
JOHN DESTEFANO, ET AL
: : : : : : : : :
NO. 3:04CV01109 (JBA)
November 17, 2009
Defendants.
REQUEST FOR STATUS CONFERENCE
At the November 5, 2009 scheduling conference with this Court, all parties agreed that the City of New Haven should proceed forthwith with promotions of the plaintiffs, and the Court ordered the parties to submit either a joint or separate proposed orders ”directing undisputed promotions.” Dkt. No. 148. By letter to plaintiffs’ counsel on November 6, 2009, counsel for the City of New Haven identified fourteen individual plaintiffs who, the City concedes, are entitled to promotion, and Plaintiffs agree that at least these individuals are entitled to such remedial relief. On November 13, 2009, per the Court’s order, the parties submitted proposed orders
respecting the promotions of the plaintiffs. Plaintiffs submitted a proposed order that identified those fourteen individual plaintiffs whose promotions, based on the parties’ shared understanding, are undisputed and should be immediately effected.
Dkt. No. 155.
The
defendants’ proposed order, however, did not similarly identify the individual plaintiffs whose promotions are undisputed. See Dkt. No. 156. The City’s proposed order respecting promotions instead directs a certification of eligible lists prepared from results of the 2003 captain’s and lieutenant’s promotional examinations, does not specify which individual plaintiffs will be promoted, and provides the City with discretionary authority to promote nonparties.
Id.
Contrary to Plaintiffs’ understanding of the Court’s limited purpose in requesting these proposed orders, the City’s proposed order appears to go well beyond the narrow scope of providing prompt and undisputed remedial relief for as many plaintiffs as possible, as well as requesting other actions by the Court, some clear and others unclear. In light of the above, Plaintiffs respectfully request a status conference with the Court in order to ascertain the Court’s intended course of action in response to the parties’ proposed orders and, if necessary, to gain a clarification of the City’s proposed order.
THE PLAINTIFFS
BY:/S/ Karen Lee Torre____ Karen Lee Torre Fed. Bar No. ct01707 Law Offices of Norman A. Pattis LLC 129 Church Street, Suite 405 New Haven, CT 06510 2
Tel: (203) 865-5541 Fax: (203) 865-4844 [email protected]
CERTIFICATION I hereby certify that on November 17, 2009 a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s CM/ECF System.
/s/ Karen Lee Torre
3
FRANK RICCI, ET AL, Plaintiffs V.
JOHN DESTEFANO, ET AL
: : : : : : : : :
NO. 3:04CV01109 (JBA)
November 17, 2009
Defendants.
REQUEST FOR STATUS CONFERENCE
At the November 5, 2009 scheduling conference with this Court, all parties agreed that the City of New Haven should proceed forthwith with promotions of the plaintiffs, and the Court ordered the parties to submit either a joint or separate proposed orders ”directing undisputed promotions.” Dkt. No. 148. By letter to plaintiffs’ counsel on November 6, 2009, counsel for the City of New Haven identified fourteen individual plaintiffs who, the City concedes, are entitled to promotion, and Plaintiffs agree that at least these individuals are entitled to such remedial relief. On November 13, 2009, per the Court’s order, the parties submitted proposed orders
respecting the promotions of the plaintiffs. Plaintiffs submitted a proposed order that identified those fourteen individual plaintiffs whose promotions, based on the parties’ shared understanding, are undisputed and should be immediately effected.
Dkt. No. 155.
The
defendants’ proposed order, however, did not similarly identify the individual plaintiffs whose promotions are undisputed. See Dkt. No. 156. The City’s proposed order respecting promotions instead directs a certification of eligible lists prepared from results of the 2003 captain’s and lieutenant’s promotional examinations, does not specify which individual plaintiffs will be promoted, and provides the City with discretionary authority to promote nonparties.
Id.
Contrary to Plaintiffs’ understanding of the Court’s limited purpose in requesting these proposed orders, the City’s proposed order appears to go well beyond the narrow scope of providing prompt and undisputed remedial relief for as many plaintiffs as possible, as well as requesting other actions by the Court, some clear and others unclear. In light of the above, Plaintiffs respectfully request a status conference with the Court in order to ascertain the Court’s intended course of action in response to the parties’ proposed orders and, if necessary, to gain a clarification of the City’s proposed order.
THE PLAINTIFFS
BY:/S/ Karen Lee Torre____ Karen Lee Torre Fed. Bar No. ct01707 Law Offices of Norman A. Pattis LLC 129 Church Street, Suite 405 New Haven, CT 06510 2
Tel: (203) 865-5541 Fax: (203) 865-4844 [email protected]
CERTIFICATION I hereby certify that on November 17, 2009 a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s CM/ECF System.
/s/ Karen Lee Torre
3
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