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

Case 3:03-cv-00974-CFD Document 18 Filed 10/14/2003 Page 1 of 3 {
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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THE AMERICAN BOARD OF
ANESTHESIOLOGY, INC., : Case No: 3:03CV974 (CFD)
Plaintiff, E R
JOHN STEPHEN NAULTY, M.D.,
Defendants. OCTOBER 13, 2003
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DEFENDANT'S MOTION BY CONSENT FOR EXTENSION OF TIME \
Pursuant to Local Rule of Civil Procedure 9(b), Defendant, John Stephen Naulty,
M.D., hereby requests an extension of time up to and including November 24, 2003, in
which to respond to Plaintiffs Complaint.
Defendant requests this extension of time in order to determine if Plaintiff has
accepted his offer to resolve this case. On September 25, 2003, Defendants counsel
sent a written counteroffer to Plaintiffs counsel. P|aintiff's Board of Directors will be
meeting on October 26, 2003 at which time it will evaluate Defendantfzsiléleptégrnber.25,
2003 counteroffer. This meeting date is subsequent to the date Ds;fenda_ntls i
responsive pleading is currently due — October 15, 2003. Accordingly,
know if his counteroffer has been agreed to (in part or in full) until
pleading is due. Defendant is an individual with limited resources who desires to
conserve these resources. ‘
Further, if the parties are able to reach agreement, additional time will be required I
to document the settlement. lf the parties are unable to reach agreement, Defendant will I
need time to prepare a responsive pleading, which is all likelihood will be a motion to 1
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Case 3:03-cv-00974-CFD Document 18 Filed 10/14/2003 Page 2 of 3 A
dismiss. lf the parties are unable to resolve this matter on their own, it is also Defendant’s l
intention to request that this case be referred to mediation with a Magistrate Judge.
Although this is Defendant’s fourth request for an extension of time in which to
respond to Plaintiffs Complaint, Defendant believes that during the time that the Court
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has extended the deadlines for responding to Plaintiff’s Complaint, Plaintiff and
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Defendant have been diligent in their negotiations, have made several written offers to N
each other and have made progress in bringing this case closer to resolution. (
Plaintiff consents to the granting of this motion. Plaintiff, however, does not wish its
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consent to this motion to be construed as consent to mediation of this matter.
For the foregoing reasons, Defendant respectfully requests that the Court grant an
extension of time to and including November 24, 2003, in which to respond to Plaintiffs
Complaint. -
DEFENDANT,
JOHN STEPHEN NAULTY, lVl.D.
By: rr
Caroly . Kone, Esq. (ct06207)
Brenner, Saltzman & Wallman LLP
His Attorneys
271 Whitney Avenue
P.O. Box 1746
New Haven, CT 06507-1746
Telephone: (203) 772-2600
Fax: (203) 562-2098 \
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Case 3:03-cv-00974-CFD Document 18 Filed 10/14/2003 Page 3 of 3 X
CERTIFICATE OF SERVICE {
This is to certify that a true and accurate copy of the foregoing was served by
United States first—c|ass mail, postage prepaid, this 14tm clay of October 2003 upon: i
Charles L. Howard, Esq.
Karen T. Staib, Esq.
Shipman & Goodwin LLP
One American Row
Hartford, CT 06103 l
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Carolyn . Kone, Esq.
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