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

Case 3:03-cv-00975-AVC Document 20 Filed 12/08/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DENNIS M. NAPOLITAN O SR. :
: CIVIL ACTION NO. 3:03 CV 00975 AVC
Plaintiff, :
: FELA HEARING LOSS CASE — MAY BE
V. : FILED IN NEW HAVEN AS ORDERED BY
: MAGISTRATE IUDGE MARGOLIS
CONSOLIDATED RAIL CORP. AND :
METRO-NORTH COMMUTER RAILROAD :
: December 7, 2004
Defendants. 1
MOTION FOR EXTENSION OF SCHEDULING ORDER DEADLINES
The undersigned defendant, Metro North Railroad Company, with the consent and
agreement ofthe plaintiff, hereby moves this court for an extension of time of certain remaining
scheduling order deadlines for the third and fourth groups of hearing loss cases, as contained in
this Cou1t’s Memorandum of Status Conference dated July 17, 2003.
Specifically, the defendant seeks to (1) extend the deadline for completing all fact
discovery for two months, up to and including February I5, 2005; (2) extend the deadline for
disclosing the plaintiffs expert report(s) two months, up to and including March l5, 2005; (3)
extend the deadline for deposing the plaintiff s expe1t(s) two months, up to and including April
I5, 2005; (4) extend the deadline for disclosing defendant’s expert report(s) two months, up to

Case 3:03-cv-00975-AVC Document 20 Filed 12/08/2004 Page 2 of 3
and including April 15, 2005; and (5) extend the deadline for deposing the defendant’s expe1t(s)
two months, up to and including May 15, 2005.
The defendant submits that this is the second extension of time sought with respect to the
scheduling deadlines in the third and fourth groups. The defendant states that a good faith basis
exists for the granting of this motion, as the paities have been actively completing the necessary
outstanding discovery needed to move these cases forward, but require additional time to
schedule depositions of certain plaintiffs. Further, the undersigned counsel for the plaintiff is
leaving the tinn of Ryan, Ryan, Johnson & Deluca, and submits that the additional time
requested will serve to bring successor counsel up to speed on these cases.
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 COMMUT ER RAILROAD
By: / A ” A tQ_............... iiiii -
Anthony D. Sutton, Esq., (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 20 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.
Thoniton & Naumes
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 065084866
Attomey 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.
.,.. 9
J ’ ,_ ...,
/} K V. L/ L}! i
Anthony D. Sutton, Esq.
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