UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

FRANK RICCI, ET AL, :

: NO. 3:04CV01109 (JBA)
Plaintiffs :
:
V. :
:
:
JOHN DESTEFANO, ET AL :
: 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
ktorre@pattislaw.com

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