Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-00945-CFD Document 110 Filed 11/24/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CLARENCE R. COLLINS, JR., et al. : 3:03-CV-945 (CFD)
Plaintiffs,
V. :
OLIN CORPORATION, et al.
Defendants. NOVEMBER 24, 2004
CONSENTED-TO MOTION TO AMEND SCHEDULING ORDER
The Town of Hamden ("Town"), on consent ofthe plaintiffs, hereby moves the Court to
modify the Scheduling Order in this case, so as to allow two (2) additional weeks for the filing of
and responses to the Town’s motion for summary judgment based upon the issue of sovereign
(governmental) immunity. In support of this motion, the Town states as follows:
1. On October 19, 2004, the Town, on behalf of both defendants and with the
consent of the plaintiffs, filed a Motion on Consent to Amend the Scheduling Order setting forth
certain dates for the filing of and responses to summary judgment motions based upon theories
of the claimed lack of any successor liability (in the case of Olin Corporation) and the claimed
application of the doctrine of governmental immunity (in the case of the Town of Hamden). In
the motion, the Town proposed that its motion would be due on December l, 2004.
2. On October 25, 2004, the Court granted this motion.
3. Defense counsel for the Town has been diligently working on the Town’s motion.
However, a valued member of defense counsel’s environmental legal team ·~ an associate, John
Yanzo, suddenly and tragically passed away. Attorney Yanzo was working with the undersigned
on this matter (as well as on other matters). Because of this extraordinary and unfortunate
circumstance, the Town’s staffing of this matter has required realignment.
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Case 3:03-cv-00945-CFD Document 110 Filed 11/24/2004 Page 2 of 3
4. Defense counsel has conferred with counsel for the plaintiffs and they have
consented to this motion for a two—week extension of time. Counsel for Olin, similarly, has no
objection to this request.
Accordingly, the Town respectfully requests that the Court modify the Scheduling Order
to provide a tvvo—week extension as follows:
1. The Town will tile its motion for summary judgment solely with respect to the
issue of governmental immunity on December 15, 2004.
2. All memoranda and supporting materials opposing the Town’s motions for
summary judgment will be filed by Febmary 15, 2005.
3. Any reply memorandum and supporting material in further support of the Town’s
summary judgment motion will be served and tiled on or before March 1, 2005.
4. That the remaining deadlines in the prior scheduling order as amended by this
Court on August 18, 2004 and October 25, 2004, remain the same.
THE DEFENDANTS
TOWN OF HAMDEN
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Ann M. Catino U
Federal Bar #ct02747
Joseph G. Fortner, Jr.
Federal Bar #ct 04602
HALLORAN & SAGE LLP
One Goodwin Square
225 Asylum Street
Hartford, CT 06103
(860) 522-6103
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Case 3:03-cv-00945-CFD Document 110 Filed 11/24/2004 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of November, 2004, a copy of the foregoing was
served by first class U.S. mail, postage prepaid, upon all counsel and pro se parties of record, as
follows:
Monte E. Frank, Esq.
David B. Zabel, Esq.
Alison K. Clark, Esq.
Cohen and Wolf, P.C.
158 Deer Hill Avenue
Danbury, CT 06810
Mark Roberts, Esq.
Andrew Rainer, Esq.
Jennifer A. Currie, Esq.
McRoberts, Roberts & Rainer L.L.P.
101 Merrimac Street
Boston, MA 02114
Neil T. Leifer, Esq.
Michael A. Lesser, Esq.
Brad J. Mitchell, Esq.
David C. Strouss, Esq.
Thornton & Naumes, LLP
100 Summer Street, 30th Floor
Boston, MA 02110
Michael H. Wetmore, Esq.
Joel B. Samson, Esq.
HUSCH & EPPENBERGER, LLC
190 Carondelet Plaza, Suite 600
St. Louis, MO 63105
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