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

Case 3:03-cv-00459-PCD

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CROSSROADS COMMUNICATIONS OF OLD SAYBROOK, LLC, Plaintiff, VS. TOWER VENTURES, INC., Defendant. : : : : : : : : :

CIVIL NO. 3:03CV459(PCD)

OCTOBER 29, 2004

MOTION FOR NUNC PRO TUNC EXTENSION OF TIME AND/OR MOTION FOR RECONSIDERATION OF ORDER BARRING FURTHER EXTENSIONS Plaintiff Crossroads Communications of Old Saybrook, LLC ("Crossroads") hereby moves for a nunc pro tunc extension of time for the filing of papers in response to defendant's summary judgment motion, and/or for reconsideration of the Court's earlier order of September 29, 2004 barring further extensions. thereof, the plaintiff states as follows: 1. Pursuant to the Court's order of September 29, 2004, In support

plaintiff's summary judgment response was scheduled to be served by October 8, 2004, and defendant's reply papers by October 29, 2004. The Court's order granting that motion indicated that these deadlines would not be extended further. 2. On October 21, 2004, plaintiff filed a motion seeking

another, final extension to October 25th for the filing of opposing papers, and November 5th for the filing of reply papers. In an

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order received by the undersignend on October 28, 2004, the Court denied that motion, referring to its order of September 29th. 3. Plaintiff's papers in opposition to summary judgment were

served by fax on opposing counsel on October 28, 2004. 4. By this motion, plaintiff seeks a nunc pro tunc extension

of time, to October 28, 2004, for the filing of plaintiff's opposition to defendant's summary judgment motion, and a corresponding extension, of whatever duration the Court deems appropriate, of defendant's time to file reply papers. Further, to

the extent necessary, plaintiff seeks reconsideration of the Court's earlier order barring further extensions of time. 5. relief. Plaintiff recognizes that this request seeks unusual The reasons in support of the motion, as well as the

course of events that led to the late service of the response, are set out in detail in the accompanying affidavit of counsel. counsel's affidavit states, the failure to meet the Court's deadline was due to counsel's personal failings, and not to any misconduct on plaintiff's part. If plaintiff's papers are not As

allowed to be filed, however, plaintiff will be prejudiced. Counsel's affidavit asks that the Court inflict any punishment on counsel, and not on the plaintiff. 6. In connection with this motion, the undersigned has

spoken with Steven Humphrey, Esq., attorney for the defendant. Attorney Humphrey stated he would take no position with respect to the relief sought in this motion.

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WHEREFORE, plaintiff respectfully requests an extension of time, nunc pro tunc, to October 28, 2004 for the service of papers in opposition to defendant's summary judgment motion and, to the extent necessary, reconsideration of the Court's September 29, 2004 order directing that no further extensions be granted.

THE PLAINTIFF CROSSROADS COMMUNICATIONS OF OLD SAYBROOK, LLC

By____________________________________ David T. Grudberg, ct01186 JACOBS, GRUDBERG, BELT & DOW, P.C. 350 Orange St. P.O. Box 606 New Haven, CT 06503 Ph.:(203) 772-3100 Fax:(203) 772-1691 Email: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing, along with the attached affidavit, was mailed first class, postage pre-paid, on October 29, 2004 to: Steven R. Humphrey, Esq. Elizabeth R. Leong, Esq. Marion B. Manzo, Esq. Robinson & Cole, LLP 280 Trumbull St. Hartford, CT 06103-3597

____________________________________ David T. Grudberg

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