Lu v. Hulme et al

Filing 27

Opposition re 26 MOTION to Compel filed by George Hulme, Trustees of Boston Public Library. (Attachments: # 1 Exhibit A to Opposition to Motion to Compel City Attorney to Produce Correspondence Between Court and Her, # 2 Exhibit B to Opposition to Motion to Compel City Attorney to Produce Correspondence Between Court and Her)(Driscoll, Caroline)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-11117-MLW

FRIEDRICH LU,
Plaintiff,
v.
GEORGE HULME, in his individual
capacity and in his official capacity, and the
TRUSTEES OF THE BOSTON PUBLIC
LIBRARY,
Defendants.

DEFENDANTS GEORGE HULME AND THE TRUSTEES OF THE BOSTON PUBLIC
LIBRARY’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL CITY
ATTORNEY TO PRODUCE CORRESPONDENCE BETWEEN COURT AND HER
Defendants George Hulme (“Hulme”) and the Trustees of the Boston Public Library
(“Trustees”) (collectively, “Defendants”) hereby submit this Opposition to Plaintiff’s Motion to
Compel City Attorney to Produce Correspondence between Court and Her (“Plaintiff’s motion”).
Plaintiff’s baseless motion expresses his dissatisfaction with defense counsel’s response to his
request for correspondence between counsel and the Court. See Exhibit A, Email exchange
between Plaintiff and Assistant Corporation Counsel Caroline Driscoll, dated July 1-16, 2013;
see also Exhibit B, Email from Plaintiff to Assistant Corporation Counsel Caroline Driscoll,
dated July 21, 2013.
As stated in Exhibit A, when asked by Plaintiff for any correspondence between counsel
and the court, counsel replied that “all correspondence, which is limited to just filings, is
reflected in the docket.” Defense counsel declined to comply with Plaintiff’s request for an

affidavit because it was procedurally inadequate under discovery rules. In short, counsel
responded appropriately and truthfully; no further response was necessary.

CONCLUSION
Accordingly, Defendants respectfully request that the Court deny Plaintiff’s Motion to
Compel.

Respectfully submitted,
DEFENDANTS GEORGE HULME, in his
individual capacity and in his official capacity
and TRUSTEES OF THE BOSTON PUBLIC
LIBRARY
William Sinnott
Corporation Counsel
By their attorneys:

Date: July 13, 2013

/s/Caroline O. Driscoll_________
Caroline O. Driscoll, BBO# 647916
Assistant Corporation Counsel
City of Boston Law Department
City Hall, Room 615
Boston, MA 02201
[phone]
[e-mail]

LOCAL RULE 7.1 CERTIFICATION
I certify that on July 13, 2013, I filed this document through the Court’s CM/ECF system
and that an electronic copy will be sent via email to those identified as non-registered
participants per agreement with Plaintiff.
/s/Caroline O. Driscoll
Caroline O. Driscoll
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