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

Case 3:03-cv-00940-RNC

Document 18

Filed 01/30/2004

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT : : Plaintiff, : : vs. : : EXPANETS, INC. n/k/a NETEXIT, INC., : et al., : : Defendants. : MARIA DEGENNARO, CIVIL ACTION NO. 3:03-CV-940-RNC

January 30, 2004

JOINT MOTION TO EXTEND THE DISCOVERY DEADLINE AND OTHER PRETRIAL DEADLINES. Plaintiff, Maria DeGennaro, and Defendants, Expanets, Inc. n/k/a Netexit, Inc. and Expanets of North America, LLC n/k/a Netexit of North America, LLC, respectfully submit this Joint Motion to Extend the Discovery and Other Pretrial Deadlines for a period of ninety (90) days and, in support thereof, aver as follows: 1. The parties have been working cooperatively and diligently to complete discovery

in this matter. The parties have exchanged documents and other written discovery responses and Plaintiff has produced expert reports. 2. As a result of the recent acquisition of substantially all of Defendants' assets by

Avaya, Inc., see Plaintiff's Unopposed Motion to Amend the Complaint dated January 30, 2004, it has not been possible for the parties to complete certain depositions, to date, because a number of individuals who were to be deposed in their capacity as Defendants' employees are no longer employed by Defendants. Such an extension also will protect the rights of Avaya, LLC, Netexit, Inc. and Netexit of North America, LLC, the three entities that Plaintiff seeks to join as ORAL ARGUMENT NOT REQUESTED

Case 3:03-cv-00940-RNC

Document 18

Filed 01/30/2004

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defendants in this case. 3. The parties anticipate that, if the discovery and other pretrial deadlines are

extended for a period of ninety (90) days, they will be able to complete all necessary discovery without the necessity of any further extensions. Moreover, such an extension will permit any additional defendants to serve and complete any necessary, additional discovery should the Court permit Plaintiff to join these entities as additional defendants in this proceeding. WHEREFORE, Plaintiff, Maria DeGennaro, and Defendants, Expanets, Inc. n/k/a Netexit, Inc. and Expanets of North America, LLC n/k/a Netexit of North America, LLC, respectfully request that the Court extend the discovery and other pretrial deadlines established in the Court's Order Regarding Case Management. Respectfully submitted,

James E. Miller, Esquire Federal Bar No. CT-21560 Shepherd Finkelman Miller & Shah, LLC One Lewis Street Hartford, CT 06103 (Tel) (860) 246-0600 (Fax) (860) 246-0700 (E-mail) [email protected] James C. Shah Shepherd Finkelman Miller & Shah, LLC 35 East State Street Media, Pennsylvania 19063 (Tel)(610) 891-9880 (Fax)(610) 891-9883 (E-mail) [email protected] Attorneys for Plaintiff

Christopher L. Brigham, Esquire Federal Bar No. CT-12410 Updike, Kelly & Spellacy, P.C. 265 Church Street, 10th Floor New Haven, Connecticut 06510 (Tel) (203) 786-8310 (Fax) (203) 772-2037 (E-mail) [email protected] Attorney for Defendants

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