Plaintiffs' Third Request for Production of Documents

    Cv89-0360977S 

  

MILO SHEFF, et al. 

Plaintiffs SUPERIOR COURT 

JUDICIAL DISTRICT OF 
HARTFORD/NEW BRITAIN 
AT HARTFORD 

Ve. 

WILLIAM A. O'NEILL, et al. 

Defendants NOVEMBER 28, 1990 

  

PLAINTIFFS’ THIRD REQUEST FOR PRODUCTION OF DOCUMENTS 
  

You are requested pursuant to §227 of the Connecticut 

Practice Book to produce the following documents for inspection 

and copying within thirty days of service of this Request. Said 

production shall be made at the office of plaintiffs’ counsel, 

Connecticut Civil Liberties Union Foundation, 32 Grand Street, 

Hartford, Connecticut 06106. 

1. INSTRUCTIONS AND DEFINITIONS 

1. If the documents requested do not exist exactly in the 

form requested, please produce those documents which do exist 

which most closely report the information sought by this 

particular document request. 

2. If any document is withheld under a claim of privilege, 

identify each document for which the privilege is claimed, and 

the particular request for which such document is responsive, by 

supplying the following information: 

  

 



      

a. the date(s) the document was created and/or sent or 

received; 

b. the author(s), including their titles; 

c. the addresses, including their titles; 

d. the identity and title of each recipient of a copy 

of the document; 

e. a summary description of the subject and contents of 

the document; 

f. the nature of the privilege claimed; 

g. the basis on which the privilege is claimed; 

h. the name, title and address of each person who 

currently possesses the original and/or a copy of such document. 

3. If your response to any request is that a particular 

document is not in your possession, custody or control, describe 

in detail the effort you made to obtain and identify who has 

control of the document, as well as the location of the document. 

4. Should you claim that any particular request is beyond 

the scope of permissible discovery, please specify in detail each 

and every ground on which your claim rests. 

5. As used herein: 

a. “Document,” "documents,” or any other form of these 

words means any written, recorded, typewritten or graphic matter 

of whatever kind or nature, however produced or reproduced, and 

any tangible thing which, in whole or in part, conveys 

information requested which is in the possession, custody or 

  

 



      

control of the defendants whether produced, reproduced, or stored 

on paper, cards, tapes, charts, film, microfilm, computer storage 

devices or any other medium or device. The term includes, but is 

not limited to: correspondence; memoranda; notes; reports; files; 

books; records; contracts; agreements; telegrams and other 

communications sent or received; charts; graphs; records of 

accounts; worksheets; workpapers; minutes, notes, summaries and 

other written records or recordings of or relating to any 

conference, meeting, visit, interview or telephone conversation; 

bills, statements, invoices and other records of any obligation 

or expenditure; affidavits, deposition transcripts, transcripts 

of testimony; legal pleadings and briefs; statements; interviews 

and records of conversations; microfilm, microfiche; and disks, 

films, tapes and other sources from which information can be 

obtained or by means of which information can be stored. In 

addition, “document” shall mean all non-identical copies of any 

document, whether the copy is non-identical because it is a 

“draft,” because of alterations, attachments, blanks, comments, 

notes, underlining, or because of some other reason. A document 

with handwritten or typewritten notes, editing, or other marks is 

not and shall not be deemed identical to one without such notes, 

marks, etc.: 

b. "Surrounding Communities” means the towns of Avon, 

Bloomfield, Canton, East Granby, East Hartford, East Windsor, 

Ellington, Farmington, Glastonbury, Granby, Manchester, 

  

 



  

  
    

Newington, Rocky Hill, Simsbury, South Windsor, Suffield, Vernon, 

West Hartford, Wethersfield, Windsor, and Windsor Locks. 

Cs “DOE” refers to the State Department of Education, 

the State Board of Education, the Commissioner of Education, and 

all of their staff and consultants. 

d. “Inspection and copying” shall mean that for any 

file of documents so identified, plaintiffs seek to review the 

entire file of documents prior to identifying specific documents 

to be copied. 

II. DOCUMENTS REQUESTED 

], Inspection: and copying of all documents in the 

possession of the state or its attorneys in the case of Lumpkin 

  

v. Meglkill, Civ. No. 13,716 (U.S. District Court, Connecticut). 

2 Inspection and copying of all correspondence, reports, 

and memoranda among the Commissioner of Education, the Department 

of Education, and the State Board of Education from January, 1987 

to the present, relating to issues of school desegregation. 

3 Inspection and copying of the research file and any 

drafts, correspondence, memoranda, reports, and any other 

documents used in the preparation of "A Report on Racial/Ethnic 

Equity and Desegregation in Connecticut's Public Schools” 

(January, 1988), and “Quality and Integrated Education: Options 

for Connecticut” (April, 1989). 

4. Computer tapes, disks, diskettes or other computer 

records containing the following individual student data for 

  

 



  

    
  

  

    

Hartford and surrounding districts: mastery test scores, 

free/reduced school lunch status, AFDC status (if available), 

school district, name of school, grade, classroom, age, sex, 

race, ethnicity, special education status, single parent 

household, language spoken at home, and number of persons in 

household. Please provide such records organized on an annual 

basis, beginning with the year 1986, to the present. 

5. Computer tapes, disks, diskettes or other computer 

records containing all data compiled from the 1984-85 curriculum 

survey (copy of survey attached hereto as Exhibit A). 

6. Computer tapes, disks, diskettes or other computer 

records including all data compiled from ED-001 forms submitted 

by Hartford and surrounding districts, as well as any other 

recorded data regarding school expenditures by local districts. 

Please provide such records organized on an annual basis, 

beginning with the year 1986, to the present. 

7. Computer tapes, disks, diskettes or other computer 

records containing all staff data prepared for the most recent 

"School Staff Report.” 

8. A complete listing or inventory of the specific types of 

data maintained by defendants on computer tapes or other computer 

device, and a layout or outline identifying the records and files 

in which such data is contained. 

  

 



        

9. Printouts and diskette copies of all programs and 

database commands used to analyze and/or process data contained 

in DOE computer tapes, disks or diskettes; and a listing of the 

computer language used for each program. 

10. Any descriptions of the "Educational Reference Group” 

(ERG) classification, any summaries of data for Hartford and 

other districts including in Hartford's ERG, and any documents 

indicating the ERG into which each of the surrounding districts 

have been identified. 

11. A list of research projects undertaken by DOE directly 

or under contract beginning on January 1, 1987 to the present. 

Respectfully Submitted, 

NY, A 4 
Philip D. Tegeler 
Martha Stone 
Connecticut Civil Liberties 

Union Foundation 

32 Grand Street 
Hartford, CT 06106 

  

Attorneys for Plaintiffs 

  

 



  

        

CERTIFICATE OF SERVICE 
  

This is to certify that one copy of the foregoing has been 

mailed postage prepaid to John R. Whelan and Diane W. Whitney, 

Assistant Attorney Generals, MacKenzie Hall, 110 Sherman Street, 

Hartford, CT 
” 

06105 this Z% day of November, 1990. 

HY J TERR 
  

Philip D. Tegeler