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

Case 3:03-cv-00649-JBA

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Filed 02/13/2004

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UNITED STATED DISTRICT COURT DISTRICT OF CONNECTICUT VEILA VEYONNE ADAMS, ) ANTHONY L. CERRETA, ) SALVATORE SAM DIBENEDETTO, ) HOWARD DUBMAN, ) PETER FONDACO, ) GLORIA ANNETTE PEARSON JENKINS, ) BARBARA ANNE JOHNSON, ) JOSEPH A. LATTINI, ) CRESSIE M. MAYES, Individually and as ) Representative of HENRY FOSTER MAYES,) and ARTHUR J. SMITH, ) ) Plaintiffs, ) VS. ) ) TETLEY USA, INC., ) ) Defendant. )

CIVIL ACTION NO. 303 CV 649 (JBA)

FEBRUARY 13, 2004

UNOPPOSED INITIAL MOTION TO MODIFY THE SCHEDULING ORDER Pursuant to Rule 6 of the Federal Rules of Civil Procedure and D. Conn. L. Civ. R. 7(b), defendant Tetley USA, Inc. ("Tetley") respectfully requests that the deadline for filing dispositive dispositive motions be extended by an additional thirty (30) days, to and including March 15, 2004. As grounds for this motion, Tetley states as follows: 1. Pursuant to the scheduling order dated September 22, 2003, the discovery

deadline relating to dispositive motions was set for January 2, 2004. The deadline for filing dispositive motions was February 2, 2004.

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2.

On December 31, 2003, plaintiffs moved to modify the scheduling order by two

weeks to allow plaintiffs sufficient time to produce the affidavits and exhibits in support of their claims. Defendant did not object to the granting of plaintiffs' motion. 3. Plaintiffs' motion to modify the scheduling order was granted on January 8, 2004.

(Doc. #13.) Accordingly, the discovery deadline was extended to January 16, 2004 and the deadline for filing dispositive motions was set for February 16, 2004. 4. The parties continued informal discovery beyond the January 16, 2004 deadline

and were able to amicably resolve all potential discovery disputes relating to the dispositive motion. 5. Discovery relating to the dispositive motions is now complete. Tetley requests

that the scheduling order be modified to allow an additional thirty days within which to file dispositive motions. This is Tetley's first motion to modify the scheduling order. Plaintiffs' counsel consents to this motion being granted. TETLEY USA, INC.

By____________________________ Theodore J. Tucci (ct05249) [email protected] Michael J. Kolosky (ct22686) [email protected] Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 Tel. No.: (860) 275-8200 Fax No.: (860) 275-8299

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CERTIFICATION This is to certify that a copy of the foregoing was mailed via first-class mail, postage prepaid, to the following on this 13th day of February, 2004. Steven A. Levy, Esq. Friedman, Newman, Levy, Sheehan & Carolan, P.C. One Eliot Place Fairfield, CT 06824 Alvin Green Seham Seham Meltz & Peterson 145 E. 48th Street, Suite 5F New York, NY 10017

_________________________________ Michael J. Kolosky

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