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

Case 3:03-cv-00720-JCH Document 21 Filed O4/19/2004 Page 1 of 3 i
UNITED STATES DISTRICT COURT F: 5 D l
DISTRICT OF CONNECTICUT ‘“’°“*
ZUBU APH IQ P !2= Sl
Civil Action No: 3.0-3C\/qi? COURT
DAVID MORTIMER, ) I r` 'C CONN
Plaintiff, g I
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WYMAN—GORDON INVESTMENT i 1
casrmos, mc., )
Defendant. i I

DEFENDANT’S MOTION TO EXTEND TIME FOR SUBMISSION OF FINAL
PRETRIAL MEMORANDUM
The defendant, Wyman-Gordon Investment Castings, Inc., hereby seeks
an extension of time for the submission of the Pre Trial Memorandmn per this Court’s
notice of March 5, 2004 which is presently due to be submitted no later than May 3, 2004
at 2:00 p.m.
In support of this motion the defendant states that there has been no scheduling
conference conducted in this case and no discovery orders have been issued. The matter
was dismissed by the Court on February 6, 2004 due to lack of action, the matter was
restored in response to plaintiff s request on or about March 5, 2004. The plaintiff s
counsel has reported to this court that counsel have, since the outset of this case,
repeatedly discussed settlement positions and have been referred to United States
Magistrate Judge Fitzsimrnons who is scheduled to conduct a settlement conference on
NO ORAL ARGUMENT REQUESTED
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_ Case 3:03-cv-00720-JCH Document 21 Filed O4/19/2004 Page 2 of 3 I
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June 3, 2004. I
The parties have only recently exchanged written discovery requests; the plaintiff
has requested an extension of time through May 25, 2004 in order to respond to I
defendant’s document production requests and interrogatories. Until the written l
discovery is provided it is not feasible to schedule depositions and it is not possible to I
meaningfully inform this court as to the identity of prospective witnesses, or to inform .
this Court pursuant to its March 5, 2004 Order. I
Factually, this is a case whereby the plaintiff has alleged that he was terminated _
from the defendant’s employ in August 2001 “as a result of complaints that the Plaintiff
sexually harassed another employee of the defendant? Plaintmhs Complaint {[9. The
plaintiff alleges further in Count One of his complaint that the details of his termination I
were published and that the publication of those details has resulted in “unreasonable
publicity to Plaintiff s private life., ,". Plaintwps Complaint 1]] 1. The plaintiff in Count
Two further alleges that “some or all” of the allegations of sexual harassment were false
_ and that the publication served to defame the plaintiff Finally, in Count Three of his {
complaint the plaintiff alleges that he was wrongfully denied severance pay. The I
defendant denies all of the plaintiffs allegations and expects that this case will be tried to
a jury if it cannot be resolved at the scheduled settlement conference. It is difficult to
envision a case which could be more fact specific and which could require more
investigative discovery. That discovery will be completed no later than September 1,
2004. I
The defendant respectfully requests that the deadline imposed by this Court’s I
“Final Pre-Trial Order" be extended until September l, 2004 thereby enabling the parties I
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_ Case 3:03-cv-00720-JCH Document 21 Filed O4/19/2004 Page 3 of 3 i
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to formulate a reasonable discovery schedule which will, in turn , allow for the timely
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and fair disposition of this civil action either upon dispositive motion, trial or settlement.
The Affidavit of Counsel is attached in further support of this motion.
ORAL ARGUMENT NOT REQUESTED.
WYMAN-GORDON A
INVESTMENT CASTINGS, INC.
By: · C A I
Michae C. Wi cox
BBO # 5503 82 I
Federal Bar No. Ct24989
Aloise & Wilcox, P.C.
One Exchange Place *
Worcester, Massachusetts 01608
(508) 755-8118
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CERTIFICATE OF SERVICE
Counsel hereby certifies that a true and accurate copy of the attached Motion to Continue
was served upon all counsel of record by facsimile and tirst class mail, postage prepaid.
Date:j[/Q oz C I
Mi ael C. Wilcox, Esq. !
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