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

Case 3:03-cv-00383-WIG Document 78 Filed 02/27/2004 Page 1 of 4
UNITED STATES DISTRICT COURT .
DISTRICT OF CONNECTICUT it
WASLEY PRODUCTS, INC., et al., ) CONSOLIDATED CASE
) CIVIL ACTION NO.:
Plaintiffs, ) 3:03 CV 0383 (DJ S) (LEAD)
v. ) THIS PLEADING PERTAINS
) TO No.: 3:03 CV 1790 (DJS) I
BARRY LEONARD BULAKITES, et al., ) .
Defendants. g FEBRUARY 27, 2004
DEFENDANTS' MOTION FOR EXTENSION OF TIME
Pursuant to Federal Rule of Civil Procedure 6(b), and Local Rule of Civil
Procedure 7(b)(2), Defendants Barry L. Bulakites, James A. Winslow, and Joshua Adams I
Corporation ("Defendants") hereby move for an extension of time to answer Defendants-
Cross—Claimants Wasley Products, Inc., Alan A. Wasley, Andrew Brady, Sandi Dumas- p
Laferriere, and Barry Connell's ("Cross—Claimants") Cross-claims interposed on February
23, 2004. As discussed herein, good cause exists to grant this Motion. I
l. On or about October 16, 2003, Plaintiffs Gregory Prentiss, John Rizzi,
Richard Seich, and Dorothy Brown ("Plaintiffs") commenced an action captioned
Prentiss, at cz/. v. Wasley Products, [nc., et al. (3:03 CV 01790) ("the Participants I
Action"), in which Defendants were named defendants.
i 19410.0ui/352329.1

Case 3:03-cv-00383-WIG Document 78 Filed 02/27/2004 Page 2 of 4
2. On December 19, 2003, Plaintiffs moved to consolidate the Participant's
Action with the instant action, which Motion this Court granted on January 27, 2004.
3. On February 23, 2004, Cross-Claimants filed an Answer, Affirmative
Defenses, and Cross-laims, interposing eight crossclaims against Defendants ("the
Crossclaims"). {
4. Pursuant to Federal Rule of Civil Procedure 12, Defendants are required to
answer the Crossclainis on or before March ll, 2004.
5. On January 23, 2004, counsel for Defendants, Maurice T. FitzMaurice,
and Peter K. Rydel (hereinafter "Counsel") moved for leave to withdraw their appearance
as counsel (hereinafter "Motion").1
6. The Court has not yet ruled on Counsel’s Motion.
7. Pursuant to Federal Rule of Civil Procedure 6(b), and Local Rule of Civil
Procedure 7 (b)(2), Defendants respectfully request that the period within which they must
answer the Crossclaims be extended to at least 30 days after the Court's ruling on
Counsel’s Motion.
I Counsel incorrectly stated their firm, Reid and Riege, P.C., as the movant, rather than themselves
individually. The Court, however, has inherent power to construe the Motion in its correct form, as it at
already has done in its Order of February 19, 2004. €
l94l0.00l/3533291 2 _

Case 3:03-cv-00383-WIG Document 78 Filed 02/27/2004 Page 3 of 4
8. The pendency of Counsel's Motion constitutes good cause under Federal
Rule of Civil Procedure 6(lo) and under Local Rule of Civil Procedure 7, to the extent
such cause must be demonstrated thereunder.
9. Pursuant to Local Rule of Civil Procedure 7(b)(2), Defendants have q
inquired of opposing counsel Attomey Theodore J. Tucci and he consents to the y
extension of time requested herein. A
l0. This is Defendants first motion for an extension of time to answer the
Crossclaims.
WHEREFORE, Defendants respectfully request that Defendants' Motion for Extension
of Time be granted.
DEFENDANTS
BARRY LEONARD BULAKITES,
JAMES ALBERT WINSLOW &
JOSHUA ADAMS CORPORATION
Peter K. Rydel §
F ed. #ct24793
RElD AND RIEGE, P.C.
One Financial Plaza, 2lSt Flr.
Hartford, CT 06103
Tel. 860-278-l 150 F
19410.001/253329.1 3

Case 3:03-cv-003.83-WIG Document 78 Filed 02/27/2004 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 27m day of February, 2004, a copy of the foregoing A
Motion for Extension of Time was sent via certified mail, retum receipt requested, to the
following: Q
Barry Bulakites James Winslow
558 Castle Pines Pkwy. 61 Muller Drive
Unit B4 # 401 Westbrook, CT 06498
Castle Pines, CO 80108
1 further certify that on this 27th day of February, 2004, a copy of the foregoing
Motion for Extension of Time was sent via iirst—c1ass mail to the following:
Mary ER. Bartholic, Esq. Bryan D. Short, Esq.
Cohn Birnbaum & Shea, P.C. Deborah S. Freeman, Esq.
100 Pearl Street Bingham McCutchen 0
Hartford, CT 06103 One State Street
Hartford, CT 06103
Eric L. Sussman, Esq. Theodore J. Tucci, Esq.
Day, Berry & Howard, LLP Robinson & Cole
CityPlace I 280 Trumbull Street {
185 Asylum Street Hartford, CT 06103-3597
Hartford, CT 06103 E
Thomas G. Moukasher, Esq. ·
Moukasher & Walsh, LLC in
Capitol Place T
21 Oak Street i
Hartford, CT 06106 4% / f
Peter K. Ryd A
19410.001/353329.1 4