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

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C do 3:03-cv-00929-AWT Document 71 Filed O1 /1 O/2006 Page 1 of 4
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UNITED STATES DISTRICT COURT p _ _ [
DISTRICT OF CONNECTICUT ‘ K
(Hartford)
NICHOLAS SICONOLFI, ET AL ¤ —‘f-il ¥ { l -111OR ‘ -— ii li
v. S No.; 3:03 cv 929 (Awr)
RICHARD BERNAUD AND CHRISTOPHER l
PAOLETTI : JANUARY 9, 2006
MOTION FOR EXTENSION OF SCHEDULING ORDER
The plaintiff moves that the Court extend the scheduling deadlines set out in its
September 22“d, 2003 approval of Rule 26(i) report of parties’ planning meeting pursuant to
the following:
A. Discovery.
l. All discovery, including depositions of expert witnesses pursuant to FRCP
26(b)(4) and initial disclosures pursuant to FRCP 26(a)(l), will be commenced immediately
and shall be concluded by May 28, 2006.
3. Discovery will not be conducted in phases. a
4. The parties anticipate that the plaintiff will require a total of at least four (4)
depositions of fact witnesses and that the defendants will require a total of __ (_)
depositions of fact witnesses.
5. The parties will not request permission to serve more than 25
interrogatories with respect to the parties in this report.
6. The Plaintiff may intend to call expert witnesses at trial. Plaintiff and all
other parties asserting an affirmative claim, such as a counter claim, cross claim and third
party claim will designate all trial experts and provide opposing counsel with reports from
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{ experts pursuant to FRCP 26(a) (2) by thirty (30) days before the conclusion of discovery, to
I wit April 28, 2006. Depositions ef any such experts will be completed by fifteen (15) days
l before the conclusion of discovery to wit, May 13, 2006.
8. Defendants may call expert witnesses at trial. Defendants, counter
defendants, cross defendants and third party defendants will designate all trial experts and
provide opposing counsel with reports from retained experts pursuant to FRCP 26(a) (2) by 30
days before the conclusion of discovery. Depositions of any such experts will be completed
l before the end of discovery.
B. Additional Parties.
1. Plaintiff should be allowed until June 30, 2006 to file motions to join
additional parties and until June 30, 2006 to file motions to amend the pleadings.
2. Defendants should be allowed until June 30, 2006 to file motions to join
additional parties and until 15 days after service ofthe amended complaint to file a response to
the amended complaint, to wit, August 15, 2006.
C. Dispositive Motions.
l. Dispositive motions, if any, shall be filed on or before 30 days after
conclusion of discovery.
D. Joint Trial Memorandum.
1. The joint trial memorandum required by the Standing Order on Trial
Memoranda in Civil Cases will be filed on or before Friday, September 15, 2006 or thirty
days after the final ruling on the dispositive motions, whichever is later.
As officers of the Court, all counsel agree to cooperate with each other and with the
Court to promote the just resolution of this action.
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·-. Ca¥_3;03—cv—00929;AWT Docnjment 71 Filed 01/10/2006 Page 3 of 4 `
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Discussion. J
I The undersigned assumed the responsibility for this case at the request of a colleague
who was and is suffering under a very grave physical illness under which he had been
suffering during the pendency of this entire case that culminated in an approximate two to
three week hospitalization in 2004. Approximately two months later, plaintiffs former
counsel was again hospitalized because of an ailment. Additionally, the plaintiff represents
that his late aunt, with whom he lived and acted as her caretaker, suffered a relapse with her
brain cancer in February or March of 2004 that necessitated the plaintiff spending considerable
amounts of time providing care for her at the expense of his health and his individual
responsibilities. His aunt died in December of 2004 of brain cancer according the plaintiff. In
January of 2005 the plaintiff was hospitalized on three (3) separate occasions for a period of
approximately six to seven (6-7) days from complications associated with a collapsed aorta he
suffered subsequent to the death of his aunt.
The plaintiff represents that before the on set of his illness and that of his former
counsel it was the former counsel’s intention to take the depositions of all defendants and to
conduct additional discovery.
This is the plaintiffs first such request. Counsel for the defendants informed the
undersigned that he has an objection to this request.
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Case 3:03-cv-009iQ-SAWT Document 71 Filed 01/}.0/2006 Page 4 of 4
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RESPECTFULLY SUBMITTED,
NICHOLAS SICONOLFI, ET AL
THE PL»?Jl'IFF
BY: 4 1 “
ATTY. ERSKIN . McINTOSH
FEDERAL BAR . CT 09743
THE LAW OFFICES OF ERSKINE D. McIN'I`OSH, P.C.
3129 WHITNEY AVENUE, SECOND FLOOR
HAMDEN, CT 06518-2364
(203) 78'7-9994
FAX (203) 848-1213 I
COUNSEL FOR THE PLAINTIFF F
QERTIFICATION
This is to certify that a copy ofthe foregoing motion was sent by tirst—c1ass mail,
postage prepaid on this the 9th day of January, 2006 to:
Atty. Stuart E. Brown [860-2%-8494]
Hassett & George, P.C.
555 Franklin Avenue
Hartford, CT 061 14 Q 5
%T'I`Y. ERSKINE D. cINTOSH
19 Motion-Extension of Scheduling Deadlines
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