Free Motion for Clarification - District Court of Connecticut - Connecticut

ase 3:03-cv-01034-AVC Document 26 Filed O2/07/2005 Pagei of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Darla Patton fka Darla Dolginoff : Civil Action N0.: 303CV01034
: (AVC)
vs. :
Michael Cusano, Marie Cusano and James
Cusano : February 3, 2005
MOTION FOR CLARIFICATION
Plaintiffs counsel spoke with Joanne Walker, Clerk of the Court on February 3, 2005. Ms.
Walker explained that the Court has scheduled two cases for jury selection and trial beginning on
February 10, 2005. One of the cases is Darla Patton fka Darla Dolginoff vs. Michael Cusano, et
Q., and the other case, (name unknown), is a breach of contract case which has been pending for a
longer time than the Patton matter and will likely take five to six days to try. The Patton matter will
likely conclude after three days of testimony. Additionally, the plaintiff in the Patton matter has
arranged and paid for flights from Texas to Hartford. The plaintiff is scheduled to arrive in
Connecticut on February 8, 2005, and is scheduled to leave on February 18, 2005. As a result of
the plaintiffs significantly diminished financial position and significantly impaired physical, mental
and emotional conditions, the plaintiff requires the assistance of her daughter who is scheduled to
accompany the plaintiff on her flight and stay in Connecticut. The plaintiffs daughter arranged,

Case 3:03-cv-01034-AVC Document 26 Filed O2/07/2005 Page 2 of 3
well in advance, with her employer to have this specific period of time off so that she could
accompany and assist the plaintiff in traveling to Connecticut and lend assistance to her mother as
needed during the trial.
Ms. Walker explained that the Patton matter may remain trial ready and that testimony may
commence at any time between February 10, 2005 and February 25, 2005. To require the plaintiff
to rearrange her travel plans may prohibit the plaintiff from having her case heard as the changes
will likely be cost prohibitive and on this short notice, the p1aintiff’ s daughter will not likely be able
to get additional time off from work.
Accordingly, it is respectfully submitted that the Court allow the Patton matter to proceed
immediately to evidence following jury selection which is scheduled for February 10, 2005. By
copy of this motion, 1 have notihed opposing counsel, Michael McDonnell, of the p1aintiff`s
request.
THE PLA1 TIFF
BY; it .,4* t
Jose h M. Porto, Esq.
Federal Bar No.: CT 17413
Parrett, Porto, Parese & Colwell, P.C.
2319 Whitney Avenue
Hamden, CT 06518
(203) 281-2700
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ase 3:03-cv-01034-AVC Document 26 Filed O2/07/2005 Page 3 of 3
ORDER
The foregoing Motion having been presented, IT IS HEREBY ORDERED:
GRANTED/DENIED.
THE COURT
BY:
JUDGE/CLERK
CERTIFICATION
This iswto certify that a copy of the foregoing has been sent via certified mail, postage
prepaid this Tifday of February, 2005 to Attorney Michael L. McDor1nell, 700 Stanley Drive, New
Britain, CT 06050.
/ _i*\
. I
Jos ph M. Porto, Esq.
Federal Bar N0.: CT 17413
Parrett, Porto, Parese & Colwell, P.C.
2319 Whitney Avenue
Hamden, CT 06518
Phone (203) 281-2700
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