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

` · Case 3:03-cv—O1048-PCD Document 54 Filed O3/26/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CLIFTON S. FREEDMAN, :
Plaintiff] :
v. 2 CIVIL ACTION
1 NO. 3:03 CY/`1048(PCD)
AMERICA ONLINE, INC, ET AI, : r
Defendants, : March 25, 2004
JOINT MOTION TO EXTEND
SCHEDULING ORDER COMPLIANCE DATES
Pursuant to Local Civil Rule 9(b), for the following good cause shown, and by
the agreement ofthe parties, the undersigned defendants and plaintiff hereby request
an enlargement of time of six weeks to complete pre-trial discovery, file dispositive
motions and prepare the joint trial memorandum. The current scheduling order
requires all discovery to be completed by March 31, 2004, dispositive motions, if any,
to be tiled on or before May 1, 2004, and a joint trial memorandum order to be filed
by Jtme 1, 2004.
The parties jointly seek this additional time for several reasons. First, during
depositions on Friday, March 12, 2004, of defendant William Young and two other
members ofthe Fairtield Police Department, inforrnation was disclosed reflecting the

` ‘ Case 3:03-cv—O1048-PCD Document 54 Filed O3/26/2004 Page 2 of 4
likely knowledge of the Chief of Police, Joseph Sambrook, and Captain Paul Dyer,
with respect to this dispute. The plaintiff has noticed the depositions of these
individuals, but scheduling conflicts will not allow them to proceed until later in
April.
Second, the defendants have concluded that they need to depose America
Online, which is no longer a party to this case. Specifically, the defendants seek to
depose a representative of America Online’s legal department in Virginia. Counsel
for the defendants is currently coordinating that deposition with plaintiff s counsel,
and counsel for America Online.
Third, the defendant received plaintiff s compliance with written discovery on
March 17, 2004, and has scheduled his deposition for March 30, 2004. In his written
discovery, plaintiff identified a number of individuals that the defendants intend to
depose. It is not possible to complete those additional depositions by the current
discovery deadline,
Fourth, plaintiffs subpoenaed a non-party witness — Sandra Mulligan » who
has objected to a live deposition on medical grounds. The parties have ageed that
she may be deposed on written questions. Her counsel, however, is not available to
defend that deposition until next month.

I “ ' Case 3:03-cv—O1048-PCD Document 54 Filed O3/26/2004 Page 3 of 4
Based upon the foregoing, the parties submit that good cause exists to modify the
scheduling order as follows:
1. Discovery to be completed by May 15, 2004;
2. Dispositive Motions to be tiled by or before June 15, 2004;
3. Ajoint trial memorandum to be tiled by July 15, 2004, or thirty days after
the court rules on any pending dispositive motions.
Accordingly the parties jointly move this Court to grant the instant Motion for an
Enlargement of Time.
THE PLAINTIFF THE DEFENDANTS
CLIFTON FREEDMAN, WILLIAM YOUNG AND
g . DAVID BENSEY,
l
BY; BY; rg;. 5;; - QLL
CALVIN K. WOO, ESQ. MARK A. PERKINS, ESQ.
PEPE & HAZARD LLP MAHER AND MURTHA, LLC
Goodwin Square 528 Clinton Avenue
225 Asylum Street P.O. Box 901
Hartford, CT 06103-4302 Bridgeport, CT 06605
Ph. 860-522-5175 Ph. 203-367-2700
Fax 860-522-2796 Fax 203—335—0589
Fed ID No. CT 24951 Fed ID No. CT 22419

` “ ‘ Case 3:03-ov—O1048-PCD Document 54 Filed O3/26/2004 Page 4 of 4
CERTIFICATION
A copy hereof has been sent, fIrst—cIass mail, postage pre-paid, on this date, to
all counsel and pro se parties of record:
Robert Y. Altchjler, Esq.
The Law Offices of Robert Y, Altchiler
590 Madison Avenue
New York, NY 10022
BY: ‘g MARK A. PEREIJNS