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

Case 3:03-cv-01014jJBA Document 66 Filed O4/O2/2004 Page 1 of 4
UNITED STATES DISTRICT COURT ·i
DISTRICT OF CONNECTICUT
H. JONATHAN FRANK, and FRANK _
FAMILY 1996 TRUST (on behalf of
themselves and REFLEXITE
A CORPORATION)
CIVIL ACTION NO.: 3:03cv1014 (JBA)
Plaintiffs
_ ARTHUR LOVETERE, CECIL
URSPRUNG, LOUIS J. BACCEI, WORTH `
LOOMIS, THEODORE PATLOVICH, I
STEPHEN J. RAFFAY, WILLIAM P. i
` ROWLAND, PETER EIO (individually and
in their capacity as members of the Board of
Directors of Reflexite Corporation) and
REFLEXITE CORPORATION
Defendants APRIL 2, 2004
REFLEXITE’S MOTION ON CONSENT FOR EXTENSION OF TIME I
Pursuant to Rule 7(b) ofthe Local Rules of Civil Procedure ofthe United States
District Court for the District of Connecticut, the defendant, Reflexite Corporation
("Retlexite”), respectfully requests that the Court extend the current briefing schedule for
the defendants’ motions to dismiss based upon statutory grotmds for a period of thirty _
(30) days. In support of this motion Reflexite represents as follows:
_ 1. The Court previously set April 30, 2004 as the deadline for the defendants .
to file motions to dismiss based upon statutory grounds. I
ORAL ARGUMENT NOT REQUESTED!
TESTIMONY NOT REQUIRED ·
HART1-1171067-I

if if 2 I- I- I I I Case 3:03-cv-01014eJBA Document 66 Filed O4/O2/2004 Page 2 of 4 i`
2. The plaintiffs’ deadline for completion of discovery on the Special
Litigation Committee ("SLC") was March 31, 2004. On March 29, 2004, plaintiffs
moved for an extension of time of thirty (30) days up to and including April 30, 2004 to
complete the discovery with respect to the SLC}
3. Accordingly, as the proposed deadline for discovery with respect to the A
i - SLC is on the same date as the current deadline for filing motions to dismiss on statutory
grounds, Reflexite respectfully submits that the briefing deadline should be extended by
thirty (30) days as well.
4. Counsel for the plaintiffs has indicated that he consents to this motion.
5. Counsel for the defendants, Arthur Lovetere, Cecil Ursprung, Louis J.
Baccei, Worth Loomis, Theodore Patlovich, Stephen J. Raffay, William P. Rowland and ‘
Peter Eio have indicated that they consent and join in this motion.
6. This is Reflexite’s first motion for extension of time with respect to the ·
briefing schedule of the motions to dismiss based upon statutory grounds.
WHEREFORE, Reflexite respectfully requests that the deadline for filing briefs
for the motions to dismiss based upon statutory grounds be extended thirty (30) days up ii
to and including May 31, 2004. ‘_
‘ Plaintiffs’ motion for extension of time was tiled on consent. However, Retlexite disputes any implications
contained therein that the defendants have been anything but fully cooperative and accommodating with respect to .
discovery on the SLC. Further, Reflexite disputes the implications that the SLC was anything but fully independent,
but will properly address any such arguments during the briefing ofthe motions to dismiss. ii.
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Case 3:03-ov—O10 1-4-JBA Document 66 Filed O4/O2/2004 Page 3 of 4 ‘
DEFENDANT,
REFLEXITE CORPORATION `
BY .. .. ·¤=¤-·-—-- - `
_ .Raabe—ot 04116
* . ¤ I . Kuselias — ct20293
Robinson & Cole LLP .
280 Trumbull Street ...‘-
- ` 1 - · Hartford, CT 06103-3597 Q.
email: [email protected] `1"A
‘ email: jkuselias@ 1TC.CO1Ti
tel. no. (860) 275-8200 7
fax 110. (860) 275-8299
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Case 3:03-cv-O1014.jJBA Document 66 Filed O4/02/2004 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy ofthe foregoing was sent via facsimile and via first
class mail, postage prepaid, on the 2”d day of April, 2004, to: `
Michael Considine, Esq. Edward F. Spinella, Esq.
Patricia M. Canavan, Esq. Reid and Riege, P.C.
Terence J. Gallagher, Esq. _ One Financial Plaza _ ij
` Day, Berry & Howard LLP Hartford, CT 06103 eg
One Canterbury Green
Stamford, CT 06901 ff
Richard M. Stassberg, Esq. James T. Cowdery, Esq.
Jeffrey Alan Simes, Esq. Sarah A. L. Merriam, Esq.
I Goodwin Procter LLP Cowdery, Ecker & Murphy, L.L.C.
599 Lexington Avenue 750 Main Street ‘
New York, NY 10022 Hartford, CT O6l03—2703
James T. Shearin, Esq.
Pullman & Comley, LLC ~
850 Main Street
P.O. Box 7006
Bridgeport, CT 06601-7006
. l H > °'~.
` (las; M. Kuselias " E-
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