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

Case 3:03-cv-00383-WIG

Document 95

Filed 04/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GREGORY PRENTISS, JOHN RIZZI, RICHARD SEICH, and DOROTHY BROWN, individually and on behalf of the Wasley Products Inc. 401(k) Profit Sharing Plan, Plaintiffs, V. WASLEY PRODUCTS, INC., ALAN A. WASLEY, ANDREW BRADY, SANDI DUMAS-LAFERRIERE, BARRY CONNELL, Defendants and Third-Party Plaintiffs, V. PROVIDENT MUTUAL LIFE INSURANCE COMPANY; LINCOLN NATIONAL LIFE INSURANCE COMPANY Third-Party Defendants. : : : : : : : : : : : : : : : : : : : : : MASTER CONSOLIDATED CASE CIVIL NO. 3:03 CV 383 (DJS) THIS PLEADING PERTAINS TO: CIVIL NO. 3:03 CV 1790 (DJS)

APRIL 28, 2004

THIRD-PARTY PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THIRD-PARTY DEFENDANTS' MOTIONS TO DISMISS Defendants/third-party plaintiffs Wasley Products, Inc. ("Wasley Products"), Alan Wasley, Andrew Brady, Sandi Dumas-Laferriere and Barry Connell (collectively, "Third-Party Plaintiffs") hereby request a 30-day extension of time, to and including June 9, 2004, to respond to the Motions to Dismiss filed by third-party defendants Nationwide Life Insurance Company of America f/k/a Provident Mutual Life Insurance Company ("Provident Mutual") and Lincoln National Life Insurance Company ("Lincoln National"). The reasons for this motion are as follows. On April 19, 2004, Provident Mutual moved to dismiss all of the claims against it in the Third-Party Complaint filed by the Third-Party

ORAL ARGUMENT NOT REQUESTED

Case 3:03-cv-00383-WIG

Document 95

Filed 04/29/2004

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Plaintiffs, including a lengthy memorandum in support of its motion. On April 23, 2004, Lincoln National also moved to dismiss all of the claims against it in the Third-Party Complaint, adopting the arguments raised by Provident Mutual in its memorandum. The memorandum submitted by Provident Mutual, including its exhibits, totals over 100 pages. Additional time is necessary in order to fully research the issues presented, review documents, and prepare an appropriate response. Also, as Third-Party Plaintiffs expect that their opposition brief will address both motions to dismiss, the extension will provide a uniform deadline for Third-Party Plaintiffs to respond. This is Third-Party Plaintiffs' first request for an extension of this deadline. The undersigned contacted counsel for Provident Mutual and Lincoln National, who have no objection to the granting of this motion. DEFENDANTS and THIRD-PARTY PLAINTIFFS WASLEY PRODUCTS, INC., ALAN A. WASLEY, ANDREW BRADY, SANDI DUMAS-LAFERRIERE, AND BARRY CONNELL

By: _________________________ Theodore J. Tucci (ct05249) [email protected] Jean E. Tomasco (ct09635) [email protected] Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 Tel. No.: (860) 275-8200 Fax: (860) 275-8299

Case 3:03-cv-00383-WIG

Document 95

Filed 04/29/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was mailed, first class postage prepaid on the 28th day of April, 2004 to the following: Deborah S. Freeman, Esq. Bryan D. Short, Esq. Bingham McCutchen One State Street Hartford, CT 06103-3178 Albert Zakarian, Esq. Victoria Woodin Chavey, Esq. Eric L. Sussman, Esq. Day, Berry & Howard CityPlace Hartford, CT 06103-3499 Thomas G. Moukawsher, Esq. Ian O. Smith, Esq. Moukawsher & Walsh 21 Oak Street, Suite 209 Hartford, CT 06106 Maurice T. Fitzmaurice, Esq. Peter K. Rydel, Esq. Reid & Riege, P.C. One Financial Plaza Hartford, CT 06103-3185 Thomas W. Witherington, Esq. Mary E.R. Bartholic, Esq. Cohn, Birnbaum & Shea 100 Pearl Street Hartford, CT 06103-4500 ____________________________ Jean E. Tomasco