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

Case 3:03-cv-01055-AVC Document 65 Filed 08/01/2005 Paget of 4
an UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DOLORES FONSECA, RAFAEL FONSECA, : CRIMINAL ACTION NUMBER
AND MELANIE FONSECA, :
Plaintiffs, : 3:03cvO1055(AVC)
v.
JASON AI.TERlO, JORGE LARREGUI,
AND THE CITY OF BRIDGEPORT :
Defendants : JULY 28, 2005
MOTION TO MODIFY SCHEDULING ORDER
The ptaintiffs, through their undersigned counsel, respectfuliy move this Court to
modify the scheduling order currently in effect, in particular, the current discovery
deadline of August 8, 2005. V
ln support of this Motion, plaintiffs represent as follows:
1. This is a civii rights action that was filed on or about June 13, 2003.
2. At that time, the plaintiffs were represented by Attorney William B. Barnes.
3. in February, 2005, the attorneys for Jason Alterio withdrew their
appearances and Attorney Scott Karsten filed his appearance.
4. Subsequently, Attorney Elliot B. Spector filed his appearance on behalf of
defendant Alterio.
5. At the present time, Attorney Spector is the only attorney representing
defendant Alterio.
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Case 3:03-cv-01055-AVC Document 65 Filed 08/01/2005 Page 2 of 4
6. Attorney Barbara Brazzel-Massaro has represented the defendant City of
Bridgeport and defendant Larrequi since the commencement of the
action.
7. On or about April, 2005, undersigned counsel was contacted by Attorney
Barnes, who asked her to consider assuming representation of the
plaintiffs in this action because Attorney Barnes was ill and could no
longer continue working on the case.
8. Undersigned counsel met with Attorney Barnes and with plaintiffs Delores
and Raphael Fonseca in mid June, 2005 and agreed to take over the .
__, _ plaintiffs’ representation.
9. On or about June 22, 2005, undersigned counsel tiled her appearance on
behalf of Delores Fonseca and Raphael Fonseca.
10. Previousiy, on or about June 9, 2005, Attorney Barnes had filed a Motion
for Extension of Time to Complete Discovery requesting a new discovery
deadline of August 8, 2005 and extending the date for dispositve motions
to September 7, 2005 and for the Joint Trial Memorandum until thirty days
after a decision on the dispositive motions.
11. That motion was granted by this Court on June 9, 2005, upon the
agreement of all counsel.
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Case 3:03-cv-01055-AVC Document 65 Filed 08/01/2005 Page 3 of 4
12. Undersigned counsel forthe plaintiff has now determined it is not possible
to comply with the existing discovery deadlines as a result of her other
court commitments and vacation schedule. New counsei’s commitments
were unknown to plaintiffs prior counsel when the new discovery deadline
was set in early June.
13. Undersigned counsel has consulted with Attorney Spector who consents
to the requested extension ef the discovery and other deadlines. Counsel
has been unable to reach Attorney Brazzel-l\/lassaro to ascertain her
position.
14. Plaintiffs seek an extension of time of sixty (60) days to complete
depositions and other written discovery and corresponding extensions of
the other deadlines in this case.
15. In particular, plaintiffs request that the Court modify the current schedules
as follows: discovery is to be concluded by October 8, 2005; dispositive
motions are to be filed by November 8, 2005; and the Joint Trial
Memorandum is to be filed within thirty (30) days of a decision on the
dispositive motions.
16. lt is in the interests ofjustice that the Court modify the scheduling order as
proposed.
17. No trial date has been set in this case.
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Case 3:03-cv-01055-AVC Document 65 Filed 08/01/2005 Page 4 of 4
THE PLAINTIFFS,
DELORES FONSECA, RAFAEI. FONSECA
AND MELANIE FONSECA
BY: ( 3
DIANE POLAN
p Law Offices of Attorney Diane Polan, LLC
129 Church Street, Suite 802
New Haven, CT 06510
po|[email protected]
Telephone: 203-865-5000
Facsimile; 203-865-2177
Federal Bar No. ct00223
Their Attorney
CERTIFICATION
This is to certify that a copy ofthe foregoing has been sent via first class mail,
postage prepaid, this%"— day of July, 2005, to the following counsel of record:
Attorney Barbara Brazzel-l\/Iassaro
Office of the City Attorney
999 Broad Street, 2“‘“ Floor
Bridgeport, CT 06604-4328
Elliot B. Spector, Esquire
Noble, Spector, Young & O’Connor
One Congress Street, Fourth Floor
Hartford, CT 06114
William B. Barnes, Esquire ‘ ‘ ‘‘r··
. Rosenstein & Barnes [ ‘·--.. L _ _
1100 Kings Highway East
P.O. Box 687 · `F ``‘‘‘·· __ g_g_
Suite 1C ANE POLAN
Fairfield, CT 06430
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