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

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I Case 3:03-cv-O1<&145AWT Document 32 Filed 0162652004 Page 1 of 4
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UNITED STATES DISTRICT COURT I In ' I
DISTRICT OF CONNECTICUT [Ugh
JAN gg ,
NICHOLAS CAGGIANIELLO, NEIL CIVIL ACTION NO. GIQIIQAQJIEI6) .
HOWARD and THOMAS FALCO, on behalf ‘·"iR IFQRU C UR
of themselves and all other similarly situated I ‘ ° · li I
employees of FSG PrivatAir, Inc.
Plaintiffs, I
January 23, 2004
vs. n
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FSG PRIVATAIR, INC., and in their
individual and official capacities DAVID C.
HURLEY, HUGH F. REGAN, THOMAS H. I
MILLER and THOMAS L. CONNELLY I
I
Defendants.
MOTION FOR EXTENSION OF TIME
The Plaintiffs, by and through their undersigned counsel, hereby move this I
honorable Court for an order confirming the time the parties have within which to file
answers to the first phase of discovery propagated pursuant to Rules 33 and 34 by
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allowing each party the full 30 days time with which to respond pursuant to said rules; or,
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in the alternative, an order granting an extension of time within which to respond to I
interrogatories and requests for production that is consistent with Rules 33 and 34 of
Federal Civil Procedure by allowing 30 days. In support of said request/motion, the
Plaintiffs state as follows:
l. That on December 24, 2003 this honorable Court approved the competing Case
Management Plan submitted by the Defendants and ordered the first phase of
discovery, addressing the jurisdictional issue alone, be completed by January 23,
2004.
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. I . Case 3:03-cv-O1 Document 32 Filed OI(2%2004 Page 2 of 4
2. That in the approved Case Management Plan Defendants were to submit their Q
answer to the Complaint by November 23, 2003. I
3. That as of this date, Defendants have not tiled an answer to the Complaint. I
4. That the undersigned counsel for the Plaintiffs did not receive the Court’s
December 24, 2003 order until January 6, 2004. I
5. That the undersigned counsel for the Plaintiffs did not receive the interrogatories, I
request for production and request for admissions propagated by Defendants until '
January l2, 2004.
6. That Plaintiffs need more than ll days to adequately respond to said discovery
requests.
7. In that the Plaintiffs have likewise submitted interrogatories and requests for
production to the Defendants that they could not reasonably respond to by January I
23, 2004.
8. That the undersigned counsel for the Plaintiffs led messages with Attorneys I
Joseph Maya and Russell Sweeting to address these circumstances and request for I
extension however those messages were not returned as of the time and date of I
l this request/motion.
9. That this is the first request for an extension of time to respond to the Defendants’
discovery requests. I
10. That the interest of judicial economy and the equities in favor of a fair and full
hearing of the jurisdictional issues presented to the Court militate in favor of this [
honorable Court granting an extension of time of 30 days for the parties to file I
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. . Case 3:03-cv-O1QiTIAWT Document 32 Filed O‘(2%2004 Page 3 of 4

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answers to the other party’s interrogatories, request for production and request for
admissions in accordance with Rules 33, 34 and 36.
WHEREFORE, for the above-stated reasons and for good and just cause, the I
Plaintiff s respectfully request that this honorable Court grant their motion and enter
an order granting an extension of time.
Respect · sub in `tted, I
THE PL i FS
BY¤ il { " IA
Jame E m. in, Esq. (ct08535)
COL ALDWIN & CRAFT, LLC.
1261 Post Road, P.O. Box 577 I
Fairfield, CT 06824
Tel. (203) 319-0800 I
Fax (203) 319-1210 I
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CERTIFICATION I
This is to certify that a copy of Motion for Extension of Time was sent by first
class mail on January 23, 2004 to the following counsel of record:
Joseph C. Maya, Esq.
Maya & Associates, P.C.
183 Sherman Street
Fairfield, CT 06824
Russell J. Sweeting, Esq.
Maya & Associates, P.C.
183 Sherman Street `
Fairfield, CT 06824
Richard J. Diviney, Esq.
65 Jesup Road
PO Box 390 ,
Westport, CT 06881-0390 6
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@' T. saidwm, Esq. I
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r _ _ Case 3:03-cv-O1€”l‘I\jAWT Document 32 Filed O1<26j2004 Page 4 of 4
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. UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT l
p NICHOLAS CAGGIANIELLO, NEIL CIVIL ACTION NO. 3 :03CVl01 1(AWT)
l HOWARD and THOMAS F ALCO, on behalf l
of themselves and all other similarly situated I
employees of FSG PrivatAir, Inc. l
l
Plaintiffs, 1
a January 23, 2004 ,
H, vs.
l
[ FSG PRIVATAIR, INC., and in their
I individual and official capacities DAVID C.
I HURLEY, HUGH F. REGAN, THOMAS H.
I MILLER and THOMAS L. CONNELLY
Defendants.
J a. @
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UPON CONSIDERATION of the foregoing Motion for Extension of Time, it is hereby,
this ___ day of January, 2004,
ORDERED, that the Motion of Extension of Time be, and the same hereby is
GRANTED; and it is further
ORDERED, that the parties shall respond to all interrogatories and production
requests within 30 days from their receipt in accordance with Rules 33, 34 and 36.
UNITED STATES DISTRICT JUDGE
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