Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:OO—cv-00835-CFD Document 545 Filed 04/18/2008 Paget of 3
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UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT E
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INDYMAC BANK, F.S.B., : CIVIL ACTION NO.
Plaintiff, : 3:00CV835(CFD)
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MOSTAFA REYAD and WAFA REYAD, : APRIL 14, 2008
Defendants.
PLAINTIFF’S CONSENTED-TO MOTION TO RESCHEDULE HEARING
RE: EXEMPTION AND TURNOVER ORDER MOTIONS
Plaintiff IndyMac Bank, F.S.B. ("P|aintiff" or "|ndyMac") respectfully requests that
the hearing recently scheduled to be held on May 7, 2008 in the above-referenced
matter concerning the Defendants’ pending exemption motion and IndyMac’s pending
motion for a turnover order be rescheduled due to the unavailability of both counsel for
lndyl\/lac on May 7th. The undersigned counsel for IndyMac is scheduled to be on trial in
Connecticut State Court in the matter encaptioned Pace v. Simko, Docket No. FBT—CV-
01-0387513-S, Judicial District of Fairfield at Bridgeport, beginning on May 6, 2008, and
the trial is expected to last fortwo weeks, through May 16, 2008. The Pace v. Simko
trial has been scheduled for a number of months. Additionally, David Schaefer,
lndyMac’s lead counsel, is scheduled to be in Washington D.C. on May 7th for a
conference.
Plaintiffs counsel are available to attend a court hearing in this matter on the
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following dates in May: 1 (before 1:00 p.m.); 2; 12; 19; 20; 22; 23; 28. Defendant l
Mostafa Reyad advised the undersigned counsel that the Defendants consent to a W
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continuance of the scheduled hearing, and that the Defendants already requested via
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Case 3:00-cv-00835-CFD Document 545 Filed 04/18/2008 Page 2 of 3
separate motion that the hearing be rescheduled to a date at least twenty (20) days
after the initially scheduled date.1
WHEREFORE, due to the aforesaid unavailability of Plaintiff’s counsel, lndyMac
respectfully requests that the hearing originally scheduled in this matter for May 7, 2008
be rescheduled to be held on one ofthe following dates in May: 1 (before 1:00 p.m.); 2;
12; 19; 20; 22; 23; 28.
PLAINTIFF INDYMAC BANK, F.S.B. g
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By¤
David R. Schaefer (ct04334)
Rowena A. Moffett (ct19811)
BRENNER, SALTZMAN & WALLMAN LLP
Its Attorneys
271 Whitney Avenue
P.O. Box 1746
New Haven, CT 06507-1746
Tel. (203) 772-2600
Fax. (203) 562-2098
Email: [email protected]
[email protected]
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1 Due to other trial commitments and vacation schedules commencing in June 2008,
and due to the period of time that this matter already has been pending, Plaintiffs [
strongly prefer that the subject hearing be held during the month of May.
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Case 3:00-cv-00835-CFD Document 545 Filed 04/18/2008 Page 3 of 3
CERTIFICATE OF SERVICE
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This is to certify that a true and accurate copy of the foregoing was served by
United States first-class mail this 14"‘ day of April, 2008 upon:

Mostafa Reyad
2077 Center Ave
#22D
Fort Lee, NJ 07024
Wafa Reyad
2077 Center Ave
#22D
Fort Lee, NJ 07024
American Express IDS/Ameriprise Financial
c/o Gene Kodadeck, Esq.
Ameriprise Financial
70100 Ameriprise Financial Center
Minneapolis, l\/IN 55474
Variable Annuity Life Insurance Co.
c/o Joshua Cohen, Esq.
Day Pitney, LLP
One Audobon St.
New Haven, CT 06511
Rowena A. éoffett (ct19811)

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A79759.Doc 3
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