Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD Document 25 Filed O3/O2/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
....---------------------------------------------------------- X
BRUCE CHARLES RYAN, RUSSELL WILLIAM :
NEWTON, ROBERT FITZPATRICK, and MERIT : CASE NUMBER:
CAPITAL ASSOCIATES, INC., : 3:03 CV 00644 (CFD)
in Piamurrs, 2
vs.
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA., and :
AIG TECHNICAL SERVICES, INC., : March 1, 2004
Defendants.
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MOTION FOR EXTENSION OF TIME IN WHICH TO REPLY TO PLAINTIFFS’
OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS
Defendants National Union Fire Insurance Company of Pittsburgh, PA ("National Union") and
I AIG Technical Services, Inc. ("AIGTS") (hereinafter referred to collectively as "National
Union") hereby respectfully move pursuant to Fed. R. Civ. P. 6(b)(l) and D. Conn. L. Civ. R.
7(b)(3) for an extension of time to reply to Plaintiffs’ Opposition to Defendants’ Motion to
Dismiss, currently due on March 2, 2004. Defendants move that the Court extend the time for
such reply until such time that a similar reply shall be due inthe companion case of Gwynn, et
al., v. National Union, et al., Docket Number 3:03 CV 01154 (CFD) ("Gwynn") pursuant to
Defendants’ Motion for Status Conference and Coordinated Scheduling Order, filed concurrently
herewith, for the reasons stated therein. In the alternative, National Union moves for an
A extension of time to reply to the Plaintiffs’ Opposition to Defendants’ Motion to Dismiss until
March 3l, 2004.
In support of this motion, undersigned counsel states as follows:
{00062092; 1; 0040-3}

ii Case 3:03-cv-00644-CFD Document 25 Filed O3/O2/2004 Page 2 of 4
. 1. This is the first request for an extension of time made by National Union
with respect to this time limitation.
j 2. Plaintiffs filed a Memorandum in Opposition to National Union’s Motion
to Dismiss on February 17, 2004 ("Plaintiffs’ Opposition). According to D. Conn. L. Civ. R.
7(d) and Fed. R. Civ. P. 6, National Union’s reply memorandum to Plaintiffs’ Opposition is
V currently due on or before March 2, 2004.
3. National Union also moved to dismiss the Amended Complaint in the
companion Gwynn case. Plaintiffs in Gwynn have moved with consent for an extension of the
time for their response until on or before March 17, 2004. The Court granted that request by
Order dated February 18, 2004. lf the Gwynn Plaintiffs file an opposition to National Union’s
2 motion to dismiss on this current schedule, National Union’s reply memorandum in Gwynn will
be due on or before March 31, 2004, according to D. Corm. L. Civ. R. 7(d) and Fed. R. Civ. P. 6.
4. National Union has filed a Motion for Status Conference and Coordinated
Scheduling Order, filed concurrently herewith, to coordinate this action with Gwynn. Both
{ A actions involve substantially common questions of law and fact.
5. For the reasons stated in the Motion for Status Conference and
_ Coordinated Scheduling Order, an extension of time would facilitate the coordination of this
action with Gwynn, and conserve judicial resources, promote the just and efficient conduct of
{ both actions, and serve the convenience of the parties and witnesses.
6. Counsel for National Union have sought the consent of Plaintiffs’ counsel
to this extension, but despite diligent effort, have not been able to ascertain their position.
{00062092; 1; 0040-2}

Case 3:03-cv-00644-CFD Document 25 Filed O3/O2/2004 Page 3 of 4
For the reasons stated above, National Union respectfully requests that this court
grant an extension of time within which National Union must reply to Plaintiffs’ Opposition to
Defendants’ Motion to Dismiss until the date that such a reply may be due in Gwynn, or, in the
‘ altemative, until March 31, 2004.
DEFENDANTS NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA. I
AIG TECHNICAL SERVICES, IN .
$~
By: · 4.2
J R. Hawkins II (ct 00128)
DIXON & HERLING LLP
One Landmark Square
Stamford, CT 06901-2689
Tel: (203) 325-5000
Fax: (203) 348-5777
. Email: [email protected]
2
{00062092; 1,0040-3}

Case 3:03-cv-00644-CFD Document 25 Filed O3/O2/2004 Page 4 of 4
CERTIFICATION
I hereby certify that a true and correct copy of the foregoing was mailed, United States
mail, first class, postage prepaid to the following on this the lst day of March, 2004:
Mario DiNatale, Esq.
Silver, Golub and Teitell
__ 184 Atlantic Street
P.O. Box 389
Stamford, CT 06904
Peter M. Nolin, Esq.
Sandak Hermessey & Greco .
970 Summer Street
i; Stamford, CT 06905
‘ 2
es R. Hawkins II
{00062092; 1; 0040-3}