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March 6, 2006
Honorable Arlene R. Lindsay, United States Magistrate Judge
United States District Court, Eastern District of New York
Long Island Federal Courthouse, 100 Federal Plaza Room
814 Federal Plaza
Central Islip, NY 11722-4438
Re: Tibor Gasparik vs. Stony Brook University
CV 05-3817 (SJF/ARL)
Your Honor, Magistrate Judge Lindsay:
I am the Plaintiff pro se in the above captioned case against the Defendant, Stony Brook University, and this letter is to bring again to your attention the complete lack of cooperation in this matter by the Defendant’s attorney Lori L. Pack. As amply documented in the docket, it required two months, repeated attempts by Plaintiff, and your intervention, to initiate discovery. As of now, over a month later, while doing his best to satisfy the Defendant’s discovery demands, Plaintiff is still unable to obtain anything of use from the Defendant. For example, when Plaintiff requested from the Defendant’s attorney to distribute Plaintiff’s interrogatories to 14 faculty members employed by the Defendant, she responded that “Said interrogatories will not be served upon any employee of the Defendant as such ‘service’ is not required of the Defendant under any applicable statute, case law or the F.R.C.P.” Hence Plaintiff, who is not a lawyer, had been misled into believing that he was required to distribute the interrogatories directly to the said faculty members, only to find out that the said faculty members “have been advised by the university counsel that the request regarding interrogatories should come through the Office of the Attorney General.” Plaintiff believes that he was intentionally misled by the Defendant’s attorney to frustrate his discovery efforts and thus to delay a speedy resolution of the case. Therefore, Plaintiff respectfully asks the Court for a conference regarding discovery issues, specifically, to identify exactly the Plaintiff’s discovery demands that the Defendant has to satisfy to avoid mandatory sanctions under Rule 37 of the F.R.C.P., and to issue an order to that effect.
Thank you in advance for your kind attention to this matter.
Respectfully yours,
Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168
cc.: Lori L. Pack