Stipulation and Order Regarding Procedure for Taking of Expert Depositions; Correspondence from Whelan to Tegeler

    Cv89-0360977S 

  

MILO SHEFF, et al. SUPERIOR COURT 

Plaintiffs 

JUDICIAL DISTRICT OF 

HARTFORD/NEW BRITAIN 

AT HARTFORD 

Ve.   
WILLIAM A. O'NEILL, et al. 

Defendants JUNE 4, 19892 

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STIPULATION REGARDING PROCEDURE FOR TAKING OF EXPERT DEPOSITIONS 
  

As represented to this Court at a status conference held on May | 

19, 1992, the parties stipulate and agree that the attached Order | 

Governing Depositions of Expert Witnesses may be entered by the Court, 

pursuant to Practice Book §220(c). 

Respectfully Submitted, 

YA al 
  

  

John Whelan Philip D. Tegeler 

Assistant Attorney General Martha Stone 

MacKenzie Hall Connecticut Civil Liberties 

110 Sherman Street Union Foundation 

Hartford, CT 06105 32 Grand Street 

Hartford, CT 06106 

Attorney for Defendants 
Attorney for Plaintiffs     
 



  

  

CERTIFICATE OF SERVICE 
  

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

  
postage prepaid by certified mail to: 

Philip D. Tegeler Helen Hershkoff | 

Martha Stone John A. Powell 

Connecticut Civil Liberties Adam S. Cohen | 

Union Foundation American Civil Liberties 

32 Grand Street Union Foundation | 
Hartford, CT 06106 132 West 43rd Street | 

New York, NY 10036 | 

Wesley W. Horton Wilfred Rodriguez 

Moller, Horton, & Rice Hispanic Advocacy Project 

90 Gillett Street Neighborhood Legal Services 

Hartford, CT 06105 1229 Albany Avenue 
Hartford, CT 06112 

Julius L. Chambers John Brittain 

Marianne Engelman Lado University of Connecticut 
Ronald L. Ellis School of Law 
NAACP Legal Defense & 65 Elizabeth Street 

Educational Fund, Inc. Hartford, CT 06105 

99 Hudson Street 

New York, NY 10013 

Ruben Franco 
Jenny Rivera 
Puerto Rican Legal Defense 

and Education Fund 
99 Hudson Street 
New York, NY 10013 

this day of June, 1992. 

  

John Whelan     
 



    

Cv89-0360977S 

  

MILO SHEFF, et al. SUPERIOR COURT 

Plaintiffs 

Vv. JUDICIAL DISTRICT OF 

HARTFORD/NEW BRITAIN 
WILLIAM A. O'NEILL, et al. AT HARTFORD 

Defendants 

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ORDER GOVERNING DEPOSITIONS OF EXPERT WITNESSES 
  

In accordance with the Stipulation of the parties dated June 4, 

1992, the Court now enters the following orders SATsHavs to Practice 

Book §220(C), in order to insure the expeditious conduct of the 

depositions of expert witnesses. 

1. No formal process beyond the issuance of a notice of 

deposition shall be necessary in order to oblige the party identifying 

an expert witness to produce that expert witness for deposition. If 

either party feels that it is necessary to issue a subpoena duces 

tecum in conjunction with a notice of deposition, counsel for the 

party identifying the expert will accept service of that subpoena on 

behalf of the expert witness. 

2. With regard to expert witnesses who reside in states other 

than Connecticut, the party who intends to call that witness at trial 

will determine whether the deposition will be taken in Connecticut or 

in the witness's home state. Any costs incurred by the witness for 

travel, lodging, meals or other similar expenses incident to the    



      

appearance at the deposition shall be the exclusive responsibility of 

the party who intends to call that witness at trial. 

3. The party taking the deposition of an expert under this Order 

shall pay the expert at the hourly rates agreed to by the parties for 

all time spent in the deposition and for a reasonable amount of 

preparation time, not to exceed 3 hours of preparation. 

4. If additional experts are identified in the future, the 

parties shall confer and arrive at comparable rates of payment for 

each such expert. Any dispute resolving deposition rates for future 

experts shall be resolved by the Court. 

5. Reimbursement for the fees associated with the attendance of 

expert witnesses at depositions shall be paid within sixty days of 

submission of an invoice for each expert. 

6. The party listing any person as an expert witness shall 

reimburse the party taking such deposition for any such payments if 

the expert deposed is subsequently not called as a witness at trial. 

The NAACP Legal Defense and Education Fund, Inc. shall be the 

guarantor with respect to any amounts plaintiffs may owe to defendants 

under this paragraph, and the State Department of Education shall be 

the guarantor with respect to any amounts defendants may owe under 

this paragraph. Such obligations under this paragraph shall not 

exceed $2,500 per deposition. 

7. The defendants may not seek reimbursement from the plaintiffs 

for the time spent in preparation for or at a deposition by any 

  

  
 



      

individual who is a regular employee of the State Department of 

Education or the State Department of Housing at the time of their 

deposition regardless of whether the defendants have designated that 

person as an expert witness or not. 

SO ORDERED: 

  

Honorable Harry Hammer 
Superior Court 

Dated this day of June, 1992. 

  

  
  
 



RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

  

MacKenzie Hall 

110 Sherman Street 

Hartford, CT 06105 

FAX (203) 523-5536 

  

Office of The Attornev General : Tel: 566-7173 

State of Connecticut 
June 2, 1992 

Philip Tegeler, Esq. 

Connecticut Civil Liberties Union 
32 Grand Street 

Hartford, CT 06106 

RE: Sheff v. O'Neill, Docket No. CV 89-0360977S 
  

Dear Phil: 

Pursuant to our recent conversations I am writing this 
letter to confirm our agreement regarding the hourly rates for 
the depositions of those individuals whose identity has been 
disclosed to date. This letter is being written pursuant to 
paragraph 3 of the order governing the depositions of expert 
witnesses which we have been discussing. 

Plaintiffs' Experts 
  

a. Dr. Jomills Henry Braddock, II -- $150 per hour; 
b. Dr. Christopher Collier -- $110 per hour: 
C. Dr. Robert L. Crain -- $150 per hour; 
d. Dr. Marvin F. Dawkins =-- $130 per hour 
e. Dr. Mary Kennedy -- $150 per hour; 
f. Dr. William Trent =-- $130 per hour; 
g. Dr. Charles V. Willie -- $150 per hour; 
h. Dr. Catherine E. Walsh -- $130 per hour; 
i. Yale Rabin =-- $130 per hour; 
Jj. Ruth Price -- $110 per hour; 
ke. John Allison -- $110 per hour; 
l. Hernan LaFontaine =-- $110 per hour. 

Defendants' Experts 
  

a. Christine Rossell, Ph.D. =-- $150 per hour; 
b. David Armor, Ph.D. =-- $150 per hour; 
Cc. G. Donald Ferree -- $90 per hour; 
d. Pasquale Forgione, Ph.D. -- $150 per hour; 
e. Lloyd Calvert -- $110 per hour; 
f. Thomas E. Steahr, Ph.D. -- $110 per hour; 

In addition I am writing to confirm that the following 
individuals are regular state employees who fall within the 
exception found in paragraph 7 of the order regarding the 

 



  

Philip Tegeler, Esq. 
May 20, 1992 
Page 2 

depositions of expert witnesses: Douglas Rindone, William 
Congero, Peter Behuniak, Elliot Williams, Robert Brewer, Peter 
Prowda, Theodore Sergi, Thomas Breen and Patricia Downs. 

If the defendants call these individuals as witnesses they 
will be called because of work they have done in the normal 
course of their employment and their testimony will be offered 
in the normal course of their employment. Since the defendants 
will incur no additional expense by reason of their testimony no 
fees for their time will be requested. 

Two of the individuals we have employed as expert witnesses 
are also state employees but they have been specially retained by 
this office for the purpose of this case. These individuals are 
Thomas Steahr and G. Donald Ferree. Pursuant to the agreement 
which we have reached it is understood that these two individuals 
do not fall within the provisions of paragraph 7 and that the 
rates set forth above will be paid by the plaintiffs. 

Please acknowledge the terms of the agreement which we have 
reached and which are set out above by signing the acknowledgment 
found below on behalf of the plaintiffs. 

Thank you for your cooperation. 

Very. truly yours, 

RICHARD/B EN L 

ATTOE N 

BY: i 4 Ke 
Asgigtant Attorney General 

JRW/mu / 

ACKNOWLEDGMENT: 

V/A 
Philip Tegeler, Esq. 
Counsel for the Plaintiffs