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

Case 3:03-cv-010485PCD Document 83 Filed O9/O9/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CLIFTON S. FREEDMAN, )
)
Plaintiff, ) Civil Action N0. 3:03CVl048 (PCD)
v. )
)
THE TOWN OF FAIRFIELD, )
DETECTIVE WILLIAM YOUNG AND )
DETECTIVE DAVID BENSEY )
(Individually and in their official capacities ) SEPTEMBER 9, 2005
as police officers for the Town of Fairfield,) )
)
Defendants. )
DEFENDANTS’ MOTION FOR EXTENSION OF TIME
TO SET A DATE CERTAIN FOR TRIAL
Pursuant to Federal Rules of Civil Procedure, Rule 7 § (b), the Defendants in
the above-captioned matter hereby respectfully request an Extension of Time to Set a
Date Certain for Trial. One of the causes of action alleged by the Plaintiff involves a
question of law regarding expectation of privacy under the Connecticut State
Constitution. On or about August 9, 2005, the Honorable Peter C. Dorsey certified the
following question to the Connecticut Supreme Court:
"Would society consider reasonable an individual’s expectation of privacy in
internet subscriber information and, thus, subject to the protection against
unreasonable searches and seizures under article first, § 7 of the constitution of
Connecticut?”
Exposing this issue to trial prejudices the Defendants, as the Plaintiff may
obtain an award from the jury on this issue against the Defendants when in fact there
is no legal basis for such an award. We respectfully request the evidentiary
proceedings be postponed until this question is either answered or rejected by the
Connecticut Supreme Court.

Case 3:03-cv-01048-PCD Document 83 Filed O9/O9/2005 Page 2 of 3
This is the Defendants’ first request for an Extension of Time in setting a date
certain for trial. Jury selection has been completed and presentation of evidence is
scheduled to commence on September 22, 2005 at 10:00 am. Plaintiff s counsel does
not consent to any extension of time.
THE DEFENDANTS
a er A. Shalvoy, . ct25l32)
Maher & Murtha, LLC
528 Clinton Avenue
Bridgeport, CT 06605
(203) 367-2700

Case 3:03-cv-01048-PCD Document 83 Filed O9/O9/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been sent via facsimile and
regular mail, postage prepaid, on this 9th day of September, 2005 to the following:
Daniel J. Klau, Esq.
Pepe & Hazard LLP
Goodwin Square
225 Asylum Street
Hartford, CT 06103-4302
Fax No: 860-522-2796 q
I ‘ .-l/
t/ir or -
Walter A. Sha r.