Free Motion for Extension of Time - District Court of Connecticut - Connecticut

j U rr“ rrw __-_YH-__-ml-__—;F”';—“.i`t'_` ""“ "|"‘;’—`
Case 3:00-cv-00231-JBA Document 106 Filed 10/08/2004 Féagegzsqf 3m {
UNITED STATES DISTRICT COURT j
DISTRICT OF CONNECTICUT { [__ Q
UN 9 I _ ,
GREGORY BRACEY ) I I5 ffl IQ;}
I tl IID Fiji? lll ,~ I
Plaintiff, ) No.3;00 CV-231 (IBA) hi " ‘l*f Yr ;»,;,`;__‘j,jf#
V- I
) I
BOARD OF EDUCATION OF THE TOWN )
AND CITY OF NEW HAVEN, MARIA )
TORRADO-LYONS, STARLETT WILDER )
AND THE STAMFORD BOARD OF EDUCATION )
Defendants ) October7, 2004
PLA|NTlFF’S MOTION FOR EXTENSION OF TIME T0 SELECT IURY j
Pursuant Local Rules 7(b), the plaintiff, Gregory Bracey ["Bracey’], respectfully requests i
this court to extend time by which the plaintiff to select its jury to lanuary I 1, 2005. In support of
this motion Bracey states the following:
I. On September 4, 2004, this Court ordered trial briefs to be submitted not later than l
October 10, 2004 and that a jury will be selected on November 3, 2004.
2. This Court also ordered the matter referred to Iudge Margolis for settlement
conference on October 26, 2004 at 10:00 a.m.
3. The undersigned attorney was not counsel of record in the trial of the issue of fact
before Iudge Goetell and appears in this case only post trial as appears on file and subsequently
I
appeared inthe 2nd Circuit as Appellate counsel and he has insufficient knowledge to act as trial
counsel in this matter.

1
Case 3:00-cv-00231-JBA Document 106 Filed 10/08/2004 Page 2 of 3
4. The undersigned attorney is not privileged to the Bracey file which upon information
and belief is still in the possession and control of Attorney Rebecca Johnson. J
5. Judge Margolis has ordered Attorney Johnson to provide the undersigned counsel I
with the original or copy of the Bracey file on or before October 8, 2004 to appropriately prepare g
for a meaningful settlement conference.
6. Even if Attorney Johnson does timely comply with Magistrate Judge Margolis} order, _
the undersigned attorney does not believe that he will have sufficient time to appropriately prepare I
for a trial by October 10, 2004.
7. Another factor hampering the undersigned attorney is that he is not in contact with I
Bracey nor he discussed the issues scheduled for trial with Bracey. I
8. In the undersigned attorney’s last contact with Attorney Johnson, she advised that
she had appointed as trial counsel Attorney Max Brunswick of 12 Trumbull Street, New Haven, I
Connecticut 06510. I
9. The Court‘s record does not indicate Attorney Brunswick has filed an Appearance in
this matter nor has undersigned counsel been able to contact Attorney Brunswick by phone other
than leaving voice mails to which no response have been had.
i
J

..,W__i

1 Case 3:00-cv-00231-JBA Document 106 Filed 10/08/2004 Page 3 of 3 1
“ 1
10. Pursuant to Local Rule 7(b), the undersigned counsel states that he has discussed (
this motion with Attorney Charles D. Ray who took no position on lt. (
11. This is the first Motion for Extension of Time by Bracey. 1
WHEREFORE, Bracey respectfully requests that this Court extend until lanuary 11, 2005 to
file its trial brief.
Respectfully Submitted, 1
THE PLAINTIFF
. GREGORY BRACEY I
BY 1
Earl I. Williams Q
P.O. Box 3186
New Haven, CT 06515
(203) 389-4485 I
(203) 387-0540 (facsimile) E
CERTIFICATION OF SERVICE l
I hereby certify that on October 7, 2004 a copy of the foregoing was served vial _
overnight delivery on the following:
Charles D. Ray, Esquire
lVlcCarter G English, LLP
CityP|ace I
Hartford, CT 061 O3
I
Earl I. Williams
_, _,__________________w_.______________________;__,__.T_s__ sl