Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:03-cv-00975-AVC Document 21 Filed 12/08/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DENNIS M. NAPOLITANO SR. :
: CIVIL ACTION NO. 3:03 CV 00975 AVC
Plaintiff, :
: FELA HEARING LOSS CASE — MAY BE
V. : FILEDIN NEW HAVEN AS ORDERED BY
: MAGISTRATE JUDGE MARGOLIS
CONSOLIDATED RAIL CORP. AND :
METRO~NORTH COMMUTER RAILROAD :
: December 7, 2004
Defendants. :
MOTION FOR POSTPONEMENT OF SETTLEMENT CONFERENCE
The undersigned defendant, Metro North Railroad Company, with the consent and
agreement of the plaintiff and co—defendant, hereby moves this court for a postponement of the
settlement conference scheduled in the above—referenced matter for Wednesday, December I5,
2004 at 1:00 p.m.
The undersigned defendant states that a good faith basis exists for the granting of this
motion, as the parties have been attempting to complete outstanding discovery, including the
deposition of the plaintiff, but have been unable to do so. Based on conversations with counsel
for the co—defendant, the undersigned submits that to go forward with the settlement conference
without the deposition of the plaintiff would likely prove to be a bar to substantive settlement
discussions. On this same date, undersigned counsel has tiled a motion to extend the scheduling

Case 3:03-cv-00975-AVC Document 21 Filed 12/08/2004 Page 2 of 3
deadlines of the instant case an additional two months. As such, counsel requests that the instant
settlement conference be postponed two months so that the parties will have the benefit of full
discovery and the plaintiffs deposition prior to settlement discussions.
Counsel for the plaintiff and co—defendant have been contacted regarding this motion, and
as noted above, they have no objection to the instant motion.
Respectfully submitted,
THE DEFENDANT,
METRO—NORTH COMMUTER RAILROAD
By: [ 7*, I) f
Anthohy D. Sutton, sq., (CT 20607)
Ryan, Ryan, Johnson & Deluca, LLP
80 Fourth Street, P.O. Box 3057
Stamford, CT 06905
Phone No. 203—357—9200

Case 3:03-cv-00975-AVC Document 21 Filed 12/08/2004 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on December 7, 2004, a copy of the above was mailed to the
following counsel and pro se parties of record:
Robert R. Naurnes, Esq.
Thornton & Naurnes
100 Summer Street
Boston, MA 02110
Attorney for Plaintiff, Dennis M. Napolitano, Sr.
Robert Sweeney, Esq.
Early, Ludwick & Sweeney, LLC
One Century Tower, 11th Floor
265 Church Street P.O. Box 1866
New Haven, CT 06508-1866
Attorney for Plaintiff, Dennis M. Napolitano, Sr.
Lori Wirkus, Esq.
Flynn & Associates, P.C.
400 Crown Colony Drive
Suite 200
Quincy, MA 02169
Attorney for Defendant, Consolidated Rail Corp.
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Anthony D. Sutton, Esq.
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