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

Case 3:03-cv-00731-SRU

Document 30

Filed 05/24/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JEFFREY S. BRAGG, PLAINTIFF, vs. OFFICER DENNIS PHELAN OFFICER JOSEPH D'AMATO OFFICER MARTIN MACARY LIEUTENANT STEVEN F. PATTEN THE CITY OF WATERBURY, DEFENDANTS : CIVIL NO.: 3:03 CV 731(SRU)

:

: MAY 20, 2004

MOTION FOR MODIFICATION TO SCHEDULING ORDER Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, the undersigned moves for an extension of time of sixty (60) days from the current deadline of June 2, 2004, within which to complete discovery in this case, up to and including August 2, 2004. The undersigned submits that good cause exists for this request based on the following. 1) On February 27, 2004, counsel for the plaintiff, Attorney

McNamara, disclosed several medical witnesses who he expects to testify at the time of trial. 2) On April 23, 2004, this matter was transferred to the

Honorable Stefan R. Underhill.

Case 3:03-cv-00731-SRU

Document 30

Filed 05/24/2004

Page 2 of 4

3)

Counsel for the defendants, Attorney Michelle Holmes,

recently suffered the loss of her mother and has been attending to those matters and has just returned to her law practice. Attorney

Holmes intends to take the depositions of the medical witnesses that have been disclosed by plaintiff. 4) On May 19, 2004, the parties attended a settlement

conference before the Honorable Thomas P. Smith, U.S. Magistrate Judge. During that conference, the parties engaged in very

productive settlement discussions, and will continue settlement efforts in the upcoming weeks. This is the first such request to enlarge the scheduling order requested by the defendants. Pursuant to Rule 9(b)(2), the undersigned is filing this motion on behalf of all parties, and therefore Attorney Timothy McNamara is in agreement with this motion.

Case 3:03-cv-00731-SRU

Document 30

Filed 05/24/2004

Page 3 of 4

DEFENDANTS, OFFICER DENNIS PHELAN, OFFICER JOSEPH D'AMATO, OFFICER MARTIN MACARY, LIEUTENANT STEVEN F. PATTEN, THE CITY OF WATERBURY

BY_______________________________ Michelle Holmes Federal Bar Number: ct20014 Sack, Spector & Karsten 836 Farmington Avenue West Hartford, CT 06119 (860) 233-8251 Their Attorney Email: [email protected] CERTIFICATION This is to certify that a copy of the foregoing has been mailed, postage prepaid, this 20th day of May, 2004, to the following counsel of record: F. Timothy McNamara, Esquire 102 Oak Street Hartford, CT 06106 Thomas K. McDonough, Esquire 144 Buckingham Street Waterbury, CT 06710 ________________________ Michelle Holmes

Case 3:03-cv-00731-SRU

Document 30

Filed 05/24/2004

Page 4 of 4