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

Case 3:03-cv-00975-AVC

Document 17

Filed 10/15/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DENNIS M. NAPOLITANO SR. : : Plaintiff, : : V. : : CONSOLIDATED RAIL CORP. AND : METRO-NORTH COMMUTER RAILROAD : : Defendants. :

CIVIL ACTION NO. 3:03 CV 00975 AVC FELA HEARING LOSS CASE - MAY BE FILED IN NEW HAVEN AS ORDERED BY MAGISTRATE JUDGE MARGOLIS

OCTOBER 14, 2004

MOTION FOR EXTENSION OF SCHEDULING ORDER DEADLINES The undersigned defendant, Metro North Railroad Company, with the consent and agreement of the 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 Court'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 and one-half months, up to and including December 15, 2004; (2) extend the deadline for disclosing the plaintiff's expert report(s) two and one-half months, up to and including January 15, 2005; (3) extend the deadline for deposing the plaintiff's expert(s) two and one-half months, up to and including February 15, 2005; (4) extend the deadline for disclosing defendant's expert report(s) two and one-half months, up to and including February 15, 2005;

Case 3:03-cv-00975-AVC

Document 17

Filed 10/15/2004

Page 2 of 3

and (5) extend the deadline for deposing the defendant's expert(s) two and one-half months, up to and including March 15, 2005. The defendant submits that this is the first extension of time sought with respect to the scheduling deadlines in the third and fourth groups. Counsel for the plaintiff has been contacted regarding this motion, and as noted above, he has no objection to the instant motion. Respectfully submitted, THE DEFENDANT, METRO-NORTH COMMUTER RAILROAD

By: 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 17

Filed 10/15/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 14, 2004, a copy of the above was mailed to the following counsel and pro se parties of record: Robert R. Naumes, Esq. Thornton & 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 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.

___________________________________ Anthony D. Sutton, Esq.
I:\Procases\205.184\extdeadline.wpd 205.184