Free Motion for Leave to File Excess Pages - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD

Document 266

Filed 01/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT __________________________________________ BRUCE CHARLES RYAN, RUSSELL ) WILLIAM NEWTON, ROBERT FITZPATRICK, ) and MERIT CAPITAL ASSOCIATES, INC., ) Plaintiffs, ) ) v. ) ) NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA., and ) AIG TECHNICAL SERVICES, INC., ) Defendants. ) __________________________________________) DAVID W. GWYNN and RAQUEL GWYNN ) Plaintiffs, ) ) v. ) ) NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA., and ) AIG TECHNICAL SERVICES, INC., ) Defendants. ) __________________________________________)

CIVIL ACTION NO. 3:03CV00644(CFD)

CIVIL ACTION NO. 3:03CV01154(CFD)

JANUARY 23, 2007

DEFENDANTS' MOTION FOR PERMISSION TO FILE REPLY IN EXCESS OF TEN PAGES TO PLAINTIFFS' MEMORANDA IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Pursuant to Local Rule 7(d), Defendants, National Union Fire Insurance Company of Pittsburgh, PA. and AIG Technical Services, Inc., now known as AIG Domestic Claims, Inc. (collectively, "Defendants"), respectfully request permission to file a single reply in excess of ten pages to the Ryan Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment ("Ryan Plaintiffs Opposition") and the Gwynn Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment ("Gwynn Plaintiffs' Opposition") (collectively, "Plaintiffs' Opposition"). In support of this motion, Defendants state as follows:

Case 3:03-cv-00644-CFD

Document 266

Filed 01/23/2007

Page 2 of 4

1. On August 17, 2006, Defendants filed their Motion for Summary Judgment against both the Ryan Plaintiffs and the Gwynn Plaintiffs. 2. On November 20, 2006, the Ryan Plaintiffs moved for leave to file a memorandum in opposition to Defendants' Motion for Summary Judgment in excess of forty (40) pages, and also filed their Opposition, which was fifty (50) pages long. 3. Also on November 20, 2006, the Gwynn Plaintiffs filed their Opposition, which was forty (40) pages long. 4. On November 27, 2006, this Court granted the Ryan Plaintiffs leave to file their fifty (50) page Opposition. 5. Defendants submit that good cause exists for permission to file a single reply, in combined response to both the Ryan Plaintiffs' Opposition and the Gwynn Plaintiffs' Opposition, that exceeds the ten (10) page limitation. The complex legal and factual issues raised by the Plaintiffs' Opposition, which consists of ninety (90) pages of combined Memoranda of Law, requires a reply that is 18 to 20 pages in length. Accordingly, for the reasons stated above, Defendants respectfully request permission to file a reply in excess of ten (10) pages to the Plaintiffs' Opposition.

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Case 3:03-cv-00644-CFD

Document 266

Filed 01/23/2007

Page 3 of 4

Respectfully submitted, DEFENDANTS/COUNTERPLAINTIFFS NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. and AIG TECHNICAL SERVICES, INC. BY THEIR ATTORNEYS, Edwards Angell Palmer & Dodge LLP By: /s/ David S. Samuels Mark B. Seiger Fed. Bar No. ct05580 David S. Samuels Fed. Bar No. ct24460 90 State House Square Hartford, CT 06103-2715 Tel: (860) 525-5065 Fax: (860) 527-4198 Email: [email protected] [email protected] John D. Hughes Massachusetts BBO # 243660 111 Huntington Avenue Boston, MA 02199 Tel: (617) 951-3373 Fax: (617) 439-4170 Email: [email protected] Donna M. Greenspan Florida Bar No.: 059110 One North Clematis Street, Suite 400 West Palm Beach, FL 33401 Tel: (561) 833-7700 Fax: (561) 655-8719 Email: [email protected]

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Case 3:03-cv-00644-CFD

Document 266

Filed 01/23/2007

Page 4 of 4

CERTIFICATION I hereby certify that on January 23, 2007, the foregoing Motion for Leave to File a Reply in Excess of Ten (10) Pages was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by email to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this document through the court's CM/ECF System. /s/ David S. Samuels David S. Samuels

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