Notice of Disclosure and Plaintiffs' Fourth Identification of Expert Witnesses; Defendants' Motion for Extension of Time in Which to Pursue Discovery

    FOUNDATION 
ThirtyTwo Grand Street. Hartford. CT 06106 

203/247-9823 Fax 203/728-0287 

July 15, 1992 

Honorable Harry Hammer 
P.O. Box: 325 
Rockville, CT 06066 

RE: Sheff v. O'Neill, CV89-0360977S 
  

Dear Judge Hammer, 

Enclosed is a copy of Plaintiffs’ Fourth Identification of 

Expert Witnesses, served on defendants today. 

Sincerely, 

V3 
Philip D. Tegeler 
Attorney for Plaintiffs 

PDT/dmt 

Enclosure 

The Connecticut Civil Liberties Union Foundation 

Spo 5 

 



: ® 

  

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 JULY 15, 1992 

  

NOTICE OF DISCLOSURE OF EXPERT WITNESSES 
  

Plaintiffs hereby give notice that they have disclosed their 

fourth list of expert witnesses anticipated to testify at trial, 

pursuant to Practice Book §220(D), by service upon defendants’ 

counsel on this day, July 15, 1992.   
Respectfully Submitted, 

vw. MP1 Tater 
Philip D. Tegeler 
Martha Stone 

¢ Connecticut Civil Liberties 

Union Foundation 
32 Grand Street 
Hartford, CT 06106 

  

    
Wesley W. Horton 
Moller, Horton, & Rice 
90 Gillett Street 
Hartford, CT 06105 

Julius L. Chambers 
Marianne Engelman Lado 
Ronald L. Ellis 
NAACP Legal Defense & 

Educational Fund, Inc. 
99 Hudson Street 
New York, NY 10013 

Wilfred Rodriguez 
Hispanic Advocacy Project 
Neighborhood Legal Services 

1229 Albany Avenue 
Hartford, CT 06112 

John Brittain 

University of Connecticut 
School of Law 

65 Elizabeth Street 
Hartford, CT 06105 

  
 



  

- 

Helen Hershkoff Jenny Rivera 

John A. Powell Ruben Franco 

Adam S. Cohen Puerto Rican Legal Defense 

American Civil Liberties and Education Fund 

Union Foundation 99 Hudson Street 
| 

132 West 43rd Street New York, NY 10013 

New York, NY 10036 

CERTIFICATE OF SERVICE 
  

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

mailed postage prepaid by certified mail to John R. Whelan, 

Assistant Attorney General, MacKenzie Hall, 110 Sherman Street, 

i. 
Hartford, CT 06105 this Ib’ day of July, 1992. 

  

Philip D. 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 July 15, 1992 

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PLAINTIFFS’ FOURTH IDENTIFICATION OF EXPERT WITNESSES 

PURSUANT TO PRACTICE BOOK §220 (D) 
  

  

Pursuant to Practice Book §220(D), as modified by the Pretrial 

Order entered by the Court on April 10, 1992, the plaintiffs herein 

disclose their fourth list of expert witnesses anticipated to 

testify at trial, in response to Defendants’ First Set of 

Interrogatories. Any additional expert witnesses shall be 

identified pursuant to the Pretrial Order. 

Interrogatory 18. Please specify the name and address of each 

and every person the plaintiffs expect to call as an expert witness 

at trial. For each such person please provide the following: 

  

a. The date on which that person is expected to complete the 

review, analysis, or consideration necessary to formulate the 

opinions which that person will be called upon to offer at trial; 

b. The subject matter upon which that person is expected to 

testify; and 

c. The substance of the facts and opinions to which that 

person is expected to testify and a summary of the grounds for each 

opinion. 
v 

RESPONSE: Experts whom the plaintiffs expect to call at trial are 
  

listed below, pursuant to Practice Book Section 220(D): 

  

  

  
 



      

william M. Gordon, 148 Greenmount Boulevard, Dayton, OH 45419. 

Dr. Gordon is expected to testify regarding the options for school 

desegregation presented to the state but not acted upon, 1954 to 

the present, and the historical context of those decisions, 

including the state’s awareness of increasing levels of school 

segregation in the Hartford region. Dr. Gordon may also testify, 

at the appropriate time, regarding options available to address the 

system of segregated education in the Hartford region. Dr. Gordon 

will rely, in part, on the documents listed in response to 

defendants’ interrogatory 5, in Plaintiffs’ Amended Responses to 

Defendants’ First Set of Interrogatories (February 19, 1991). 

  

Dr. Gary Natriello, Professor of Sociology and Education, Teachers 

College, Columbia University, 525 West 120th St., Box 211, New 

York, NY 10027. Dr. Natriello is expected to testify regarding 

(1) demographic and social conditions in the Hartford community in 

relation to educational challenges faced by Hartford schools and 

students; (2) educational resources and programs currently 

available in the Hartford district to meet the educational needs of 

Hartford students; (3) comparison between resources and programs 

available in Hartford and in the surrounding districts; (4) 

examination of levels of educational achievement and attainment in 

Hartford and the surrounding districts; and (5) assessment of 

Hartford and the surrounding districts in relation to state 

educational standards and mandates, including the Connecticut 

Mastery Test. Specifically, Dr. Natriello is expected to testify 

that (1) the concentration of poor children and children who are 

otherwise educationally disadvantaged poses extreme challenges to 

pérformance of students and schools in the Hartford district; (2) 

the available resources and programs in the Hartford schools are 

not sufficient to meet the educational needs of Hartford students; 

(3) a significant disparity in educational programs and resources 

exists among Hartford and the surrounding districts, which is 

enhanced by the special demands placed on educational resources in 

the Hartford districts and by the level of student need that exists 

in the Hartford district; (4) there are significant disparities in 

achievement and attainment among students in Hartford and the 

surrounding communities; and (5) these disparities are inconsistent 

with state educational standards and mandates. Dr. Natriello is 

expected to base his testimony on his review of documents provided 

to plaintiffs in discovery; public documents obtained from 

Hartford, the Hartford public schools, and other local towns and 

school districts;, and his own research on the education of 

disadvantaged students in urban settings. Dr. Natriello is 

expected to complete his review by August 15, 1992. 

  

Mary Carroll, director, Project Concern, 128 Westland, Hartford, 
  

CT. Ms. Carroll will testify about the history of the Project 

  

  

  

 



      

Concern program, the levels of school district participation, state 

and local funding sources, and the level of student and parent 

participation. She will further testify about the space needs of 

the program, transportation issues, composition and selection 

issues, and criteria for exclusion of students from the program. 

In addition, she is expected to testify about the extent of 

staffing, parent involvement, and in-service training. In her 

testimony, Ms. Carroll may rely on the following documents: budget 

documents outlining levels of funding for the program, including 

grant applications; Mahan, Thomas, Project Concern 1966-68: A 

Report on the Effectiveness of Suburban School Placement for Inner- 
  

  

City Youth (1968), documents furnished by Defendants to Plaintiffs’ 

First Request for Production, nos. 12 and 13 and Plaintiffs’ Second 

Request for Production, no. 3. 

  

School Principals. Plaintiffs expect to call several Hartford 

school principals at trial to give both expert testimony and fact 

testimony based on their experience and observations in the 

schools. Expert testimony is anticipated to include opinions and 

observations regarding the impact of racial, ethnic and economic 

isolation of students in the Hartford public schools; the 

educational and social needs of elementary and secondary students 

attending Hartford public schools; the effects of student turnover; 

the effects of lack of educational resources on instruction; and 

the institutional and educational impacts of a student body that 

includes a high percentage of poor and educationally disadvantaged 

  

children. Principals identified as expert witnesses include Donald 

Carso, principal, McDonough School, 100 Wilson Street, Hartford, 

CH; Eddie Davis, principal, Weaver High School, 415 Granby, 

Hartford, CT; Richard Montanez; principal, Hooker School, 200 

Sherbrooke Avenue, Hartford, CT; and Edna Negron, principal, 

Betances School, 42 Charter Oak Avenue, Hartford, CT. 

  

  

  

In addition to the areas of testimony set out above, 

plaintiffs’ experts are also expected to interpret and comment on 

the testimony and research of other experts, including both 

plaintiffs’ and defendants’ experts. With respect to documents 

listed herein, plaintiffs have included some of the primary sources 

upon which these éxperts will base their opinions, but have not 

provided a comprehensive list of all documents reviewed or relied 

on. If any other additional areas of testimony are identified for 

  

 



  

the foregoing experts or other documents upon which they primarily | 

rely are identified, plaintiffs will identify such testimony and 

    

documents in a timely fashion. 

Wesley W. Horton 
Moller, Horton, & Rice 
90 Gillett Street 
Hartford, CT 06105 

Julius L. Chambers 
Marianne Engelman Lado 
Ronald L. Ellis 
NAACP Legal Defense & 

+ Educational Fund, Inc. 
99 Hudson Street 
New York, NY 10013 

Helen Hershkoff 
John A. Powell 
Adam S. Cohen 
American Civil Liberties 

Union Foundation 

132 West 43rd Street 
New York, NY 10036 

BY: 

Respectfully Submitted, 

WL Ferre 
Philip D. Tegeler 
Martha Stone 

Connecticut Civil Liberties 
Union Foundation 

32 Grand Street 
Hartford, CT 

  

06106 

Wilfred Rodriguez 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Hartford, CT 06112 

John Brittain 

University of Connecticut 
School of Law 

65 Elizabeth Street 
Hartford, CT 06105 

Ruben Franco 
Jenny Rivera 
Puerto Rican Legal Defense 

and Education Fund 

99 Hudson Street 
New York, NY 10013 

 



  

CERTIFICATE OF SERVICE 
  

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

mailed postage prepaid by certified mail to John R. Whelan, 

Assistant Attorney General, MacKenzie Hall, 110 Sherman Street, 

ru 
Hartford, CT 06105 this 15 day of July, 1892. 

IPL. Zi   

Philip D. Tegeler   
  

  

      
 



  

Mackenzie Hall 

110 Sherman Srvc 

Hartford. CT 06103 RICHARD BLUMENTILAL 
ATTORNEY GENER 

  

FAN (20037 Bd- BR 

Office of The Attorney General Tel: 566-7173 

State of Connecticut 

July 14, 1932 

The Honorable Harry Hammer 

Judge of the Superior Court 

P. 0. BOX .325 

Rockville, Connecticut 06066 

RE: Sheff v. O'Neill rar a 

Dear Judge Hammer: 

Enclosed please find a copy of Defendants' Motion for 

Extension of Time within which to Pursue Discovery, which was 

filed today in Superior Court. 

Very truly yours, 

RICHARD BLUMENTHAL 

a 

SAS el 
¢:~ Maft ts a M ° SW a 

Kssistant Attdrney General 
       

MMW : sad 

Enc. 

cc All Counsel of Record 

 



  

  

    

NO. Cv-89-0360977 8S 

MILO SHEFF, ET AL. 

WILLIAM A. O'NEILL, ET AL. 

DEFENDANTS 

OF TIME IN WHICH TO PURSUE DISCOVERY 

SUPERIOR COURT 

JUDICIAL DISTRICT OF 

HARTFORD/NEW BRITAIN 

AT HARTFORD 

JULY 14, 1992 

MOTION FOR EXTENSION 

  

The defendants move for an extension of time up to and 

including September 1, 1992 in which to serve all further 

Interrogatories and Requests for Production, and to serve and | 

file with the court all Requests for Admission. This additional | 

time is necessary because plaintiffs are not scheduled to file 

"full and up to date supplemental responses” to defendants’ Eirst 

set of Interrogatories until August 15, 1992, see Plaintiffs’ 

Memorandum in Opposition 

Compliance dated June 12, 1992 and Findings and Orders of the 

ORAL ARGUMENT NOT REQUESTED 
TESTIMONY NOT REQUIRED 

|   
to Defendants' Motion for Order of | 

  

 



  

Cegrt dived June 18,.1992, and plaintiffs’ supplemental responses 

may raise issues that will warrant further discovery.   
Defendants' counsel have communicated with plaintiffs’ 

counsel, who represent that they object to this motion for 

extension of time. 

FOR THE DEFENDANTS 

RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

     By: Z:ZL/s 7 
&Ttha M. Warts = INF 

Assistant Attorney General 

110 Sherman Street 

Hartford, Connecticut 06105 | 

Tel, 566-7173 

    
ORDER 

| For good cause shown the foregoing motion is hereby 

GRANTED /DENIED. 

  

By the Court 

      
 



  

  
        

    

CERTIFICATION 
  

This is to certify that on this 14th day of July, 1992: a 

copy cit the foregoing was mailed to the following counsel of 

record: 

John Brittain, Esq. 

University of Connecticut 

School of Law 
65 Elizabeth Street 
Hartford, CT 06105 

Philip Tegeler, Esq. 
Martha Stone, Esq. 
Connecticut Civil 
Liberties Union 
32 Grand Street 

Hartford, CT 06105 

Ruben Franco, Esq. 

Jenny Rivera, Esq. 

Puerto Rican Legal Defense 

and Education Fund 

99 Hudson Street 
14th Flac: 
New Yorx, NY 10013 

Johnia. Powell, Esq. 

Helen Hershkoff, Esq. 

Adam S. Cohen, Esq. 

American Civil Liberties Union 

132 West 43rd Street 
New York, NY 10036 

/ 

Wilfred Rodriguez, 

Hispanic Advocacy Project 

Neighborhood Legal Services 

1229 Albany Avenue 
Hartford, CT 

Wesley W. Horton, 

06112 

Moller, Horton & 

Fineberg, P.C. 
90 Gillett Street 

06105 Hartford, CT 

Julius L. Chambers, 

Marianne Lado, 
Ronald Ellis, 

Esq. 

Esq. 

Esq. 

Esq. 

Esq. 

NAACP Legal Defense Fund and 

Education Fund, 
99 Hudson Street 

10013 New York, NY 

    A >     

inc. 

  

“Martha M. Wd 

‘Assistant At oe ney 

q/ 

bia 
General