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

Case 2:91-cv-00180-RNC

Document 478

Filed 06/14/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT P.J., et al., Plaintiffs, v. STATE OF CONNECTICUT, BOARD OF EDUCATION, et al. Defendants. : : : : : : : : CIVIL NO.: 291CV00180 (RNC)

JUNE 8, 2004

UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER The plaintiffs move to modify the Scheduling Order entered by this Court on March 4, 2004. In support of this motion the plaintiffs represent the following: 1. On March 2, 2004 the Court held a status conference to discuss the status of this lawsuit as well as the comments of the Expert Advisory Panel on the Annual Report filed by defendants in June 2003. 2. Following the status conference the Court entered a Scheduling Order that provided the following schedule for filings related to the June 2004 Annual Report of the defendant Connecticut Department of Education: · The EAP shall submit its next annual written comment to the Court, to the plaintiffs and to the defendants by no later than July 30, 2004 3. A meeting with the EAP was convened on May 5, 2004 to discuss the status of the case. During that conference the defendant indicated that its data on the placement of class members during the 2003-2004 school year would not be available until September 1, 2004.

Case 2:91-cv-00180-RNC

Document 478

Filed 06/14/2004

Page 2 of 4

4. The EAP indicated during that meeting that it would like its comments on the June 2004 Annual Report of the Connecticut Department of Education to be filed after it receives and fully considers the 2003-2004 data. The parties agreed to submit a Motion to Modify the Scheduling Order in light of the EAP request as follows: · · Annual Report to be filed with the Court by CSDE ­ June 30, 2004 Data from the 2003-2004 school year to be provided to the EAP and plaintiffs ­ September 1, 2004 · · Plaintiffs' comments on the defendant's Annual Report ­ September 8, 2004 Draft EAP report submitted to defendant for correction of factual errors ­ September 23, 2004 · · CSDE comments on factual inaccuracies to EAP ­ September 26, 2004 EAP comments on the Annual Report and recommendations filed with the Court with copies to parties ­ September 30, 2004. 5. Defendant's counsel, Ralph Urban, Esq., has been contacted and consents to this motion. 6. This the first modification sought of the Court's Scheduling Order. WHEREFORE, the plaintiffs request that the Court enter the following Scheduling Order as agreed upon by the parties and the EAP: · · Annual Report to be filed with the Court by CSDE ­ June 30, 2004 Data from the 2003-2004 school year to be provided to the EAP

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Case 2:91-cv-00180-RNC

Document 478

Filed 06/14/2004

Page 3 of 4

and plaintiffs ­ September 1, 2004 · · Plaintiffs' comments on the defendant's Annual Report ­ September 8, 2004 Draft EAP report submitted to defendant for correction of factual errors ­ September 23, 2004 · · CSDE comments on factual inaccuracies to EAP ­ September 26, 2004 EAP comments on the Annual Report and recommendations filed with the Court with copies to parties ­ September 30, 2004.

PLAINTIFFS,

By /S/ David C. Shaw David C. Shaw, Esq. Fed. Bar No. ct05239 34 Jerome Ave, Suite 210 Bloomfield, CT 06002 Tel. (860) 242-1238 Fax. (860) 242-1507 Email: [email protected]

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Case 2:91-cv-00180-RNC

Document 478

Filed 06/14/2004

Page 4 of 4

CERTIFICATION This is to certify that a copy of the foregoing was mailed first class, postage prepaid to all counsel of record on June 8, 2004: Ralph Urban, Esq. Assistant Attorney General State of Connecticut P.O. Box 120 Hartford, CT 06141 Frank J. Laski, Esq. Mental Health Legal Advisors Committee 294 Washington St., Suite 320 Boston, MA 02108

/s/ David C. Shaw_ David C. Shaw, Esq.

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