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

I I Case 3:03-cv-00948-JCH Document 10 Filed 01/08/2004 Qlgéiglef ? Hf/ML E I
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UNITED STATES DISTRICT COURTUS QE J
p DISTRICT OF CONNECTICUT B ”` I
I ANTHONY BONTATIBUS CIVIL ACTION NO. 3 :03CV00948(J CH) I
I Plaintiff, I
V. I
DUNCAN AYR, : ’ I
and TOWN OF BRANFORD :
Defendants. DECEMBER 24, 2003
MOTION FOR ENLARGEMENT OF SCHEDULING ORDER
The defendants, Duncan Ayr and Town of Branford, respectfully request an enlargement of
the scheduling order in this case so that the experts disclosure deadline is June 30, 2004, the
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discovery deadline is September 30, 2004, and the dispositive motion deadline is October 30, 2004.
In support of this request, the undersigned represents as follows:
l. This is an action alleging false arrest relating to arson mtuder charges that resulted in
three trials in the Connecticut Superior Court before reachin g this Court. It is a factually complex
case that will require considerable discovery.
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I I - " Case 3:03-cv-009¢&BTdCH . Document 10 Filed O1/(E8/$004 Page 2 of 4
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I 2. On or about May 28, 2003, prior to the appearance of counsel for the defendants, the
I Court apparently issued a scheduling order, which included a discovery deadline of November I
I 27,2003 and a dispositive motion deadline of December 27, 2003. I
3. On or about June 26, 2003, counsel for the defendants appeared in this action. I
4. The defendants were never sent a copy ofthe Court’s scheduling order, apparently
because an appearance had not been entered on their behalf when the order was issued. I I
5. The defendants’ counsel only became aware of the foregoing deadlines by checking
the Court’s Pacer System on December 23, 2003. I
6. On July 8, 2003, defendants’ cotmsel filed a Motion to Disclose Records in the t
Superior Court seeking the disclosure of all records relating to the three (3) arson murder cases tried _
against plaintiff Anthony Bontatibus (the "Criminal Action"), which records were sealed by operation
of law after the disposition of the criminal charges. I
7. On September 3, 2003, the Superior Court held a hearing on the Motion to Disclose
Records and granted the Motion. The records maintained by the prosecution and defense, however,
are veluminous andthey have not all been copied.··and digested.
8. In addition, the dispute rmderlying this civil rights action is the subject of a civil action I
entitled, Bontatibus Floors et al v. The Hartford Fire Insurance Co., CV—98-0420255-S, pending in I
the Superior Court for the Judicial District of New Haven (the "State Court Action"). Z
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( 9. There is significant discovery in the State Court Action that is relevant to this action i
and which needs to be examined by the parties in this case. In addition, there is significant l
documentation in the Criminal Action that needs to be examined by the parties in this case. I l
i 10. Despite the diligence ofthe parties, the case cannot be adequately prepared within the
, constraints of the existing. scheduling order.
11. On December 24, 2003, the undersigned spoke with plaintiff s counsel, Norman A. 1
Pattis, who indicated he has no objection to this request.
WHEREFORE, the defendants Duncan Ayr and Town of Branford, request that their Motion
for Enlargement of the Scheduling Order be granted.
RESPECTFULLY SUBMITTED,
DEFENDANTS, 4
DUNCAN AYR and TOWN OF BRANFORD i
By: . , I
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·i . .T L G,EsQ.
F a;rNo.ct1“Z·* ,
I • . e, Kelly & Spellacy, P.C. l
· ll e State Street, P.O. Box 231277 I
Hartford, CT 06123-1277 i
Tei. (860) 548-2600
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348450 1
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4 CERTIFICATION 4 4
4 I hereby certify that a copy of the foregoing, Motion for Extension of Time, has been sent
4 via U.S. Mail, postage prepaid, to the following counsel of record, thiszq-hH`ay of December 2003: 4
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Norman A. Pattis, Esq. 4
Williams & Pattis, LLC 4
Sl Elm Street, Suite 409 4 4
New Haven, CT 06510 4 4
By: I
JAM . RG, ESQ.
Up ` , Kelly ellacy, P.C.