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

I , _ Case 3:03-cv-0096-CFD Document 27 Filed 12/23/2003 Page 1 of 4
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I UNITED STATES DISTRICT COURT i
I DISTRICT OF CONNECTICUT R fm I - I
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I THE AMERICAN BOARD or itil Gtiti I? t= C 1
I ANESTHESIOLOGY, INC., : Case No: 3:03C\/974 (CFD) I
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I JOHN STEPHEN NAULTY, M.D., I
Defendant. DECEMBER 19, 2003
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I DEFENDANT'S MOTION FOR AN EXTENSION OF TIME AND FOR A STAY OF I
PROCEEDINGS PENDING SETTLEMENT CONFERENCE I
Pursuant to Fed. R. Civ. P. 9(B), Defendant, John Stephen Naulty, M.D., hereby moves for I
an extension of time to file his reply memorandum in support of his motion to dismiss and for a stay
of proceedings in this matter until the Court ordered settlement conference before Magistrate Judge I
Thomas P. Smith is held. I
In support of this motion, Defendant represents as follows:
l. This action alleges violations of the Lanham Act based upon claims that Defendant
misrepresented to Yale University School of Medicine and the Yale Medical Group, his fomier
employer, that he is certihed by Plaintiff in the subspecialty of pain medicine.
2. On November 14, 2003, Defendant filed a Motion for A Settlement Conference,
This motion was granted, and this case has been referred to Magistrate Judge Thomas P. Smith for a I
settlement conference.
3. The undersigned has spoken to Magistrate Judge Smith’s chambers and has been
advised that a settlement conference in this matter will be scheduled some time in February or
March 2004. I
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I 4. The Defendant does not wish to incur any additional legal expenses in this matter
l before the settlement conference is held. The Defendant’s resources are very limited, and he wishes
I to conserve them for the settlement of this matter.
5. Defendant has filed a Motion to Dismiss this case. Defendant filed a Motion to
Dismiss, when he did, because the Court had issued a ruling that no further extensions would be
granted to Defendant to plead to Plaintiffs Complaint. Defendant suggested to Plaintiff that
I Plaintiff request an extension of time to tile its opposition to Defendant’s Motion to Dismiss until
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I after the settlement conference is held, which suggestion Plaintiff declined.
6. Plaintiff has filed a memorandum in opposition to Defendant’s Motion to Dismiss,
and Defendant’s reply memorandum is currently due on December 29, 2003.
7. Defendant is requesting an extension of time to file his reply memorandrnn until ten
(l0) days after the settlement conference is held in this case. Defendant is further requesting that all I
proceedings in this case be stayed until after the Settlement Conference is held.
8. Because of the holiday season, it will be very difficult to respond to Plaintiffs reply
memorandum by December 29, 2003. I
9. This is Defendant’s first request for an extension of time to iile a reply
memorandum.
l0. Plaintiff s counsel has indicated in previous correspondence that Plaintiff would
oppose any request for an extension of time to tile a reply memorandum filed by Defendant. I
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783661.000 2 I
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l ' ` Case 3:03-cv-OO?7`4yCFD Document 27 Filed 12@2003 Page 3 of 4
l WHEREFORE, Defendant requests that this motion be granted. i
N DEFENDANT,
JOHN STEPHEN NAULTY, M.D. |
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By: . {/U ' E
Carolyn W. Kone, Esq. (ct06207) l
“ Bremer, Saltzman & Wallman LLP
His Attorneys `
271 Whitney Avenue ,
, r·.o. Box 1746 l
New Haven, CT 06507-1746 l
l Telephone: (203) 772-2600
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i ' T ` C 3:03- -00 -CFD Document 27 Filed 12/ 2003 Page 4 of 4
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CERTIFICATE OF SERVICE I
i This is to certify that a true and accurate copy of the foregoing was served by United `
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I States tirst—class mail, postage prepaid, this Z2 day of December 2003 upon: l
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I Charles L. Howard, Esq.
T Karen T. Staib, Esq.
Shipman & Goodwin LLP \
One American Row f
Hartford, CT 06103 l
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Carolyn . Kone, Esq.
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