Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00383-WIG

Document 232

Filed 10/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT --------------------------------- x WASLEY PRODUCTS, INC., ET AL., : : Plaintiff, : : v. : : BARRY BULAKITES, ET AL., : : : Defendant. : : : --------------------------------- x

MASTER CONSOLIDATED CASE CIVIL NO. 3:03 CV 383 (MRK) THIS PERTAINS TO: 3:03 CV 1790 (MRK) Prentiss, et al. v. Wasley Products, Inc., et al.

October 7, 2005

LINCOLN NATIONAL LIFE INSURANCE COMPANY'S STIPULATED MOTION FOR AN EXTENSION OF TIME TO FILE ITS OPPOSITION TO PLAN PARTICIPANTS' MOTION TO AMEND THEIR COMPLAINT Pursuant to Local Rule 7(b), Defendant Lincoln National Life Insurance Company ("Lincoln National"), by and through its undersigned counsel, hereby move for an eleven (11) day extension of time, up to and including October 21, 2005, to file its Opposition to Plan Participants' Motion for Permission to Join Additional Parties, to Amend Complaint, and Certification of Derivative Action Under Rule 23.1 ("Motion to Amend"). Counsel for the Plan Participants has stipulated to this Motion for Extension of Time. Plan Participants' proposed Amended Complaint seeks, for the first time, to add Lincoln National as a defendant, and puts forth factual allegations and legal theories not contained within its Original Complaint. Specifically, the Plan Participants seek to hold Lincoln National vicariously liable for the alleged misdeeds of persons who have not been associated with Lincoln National in many years. Plan Participants' proposed Amended Complaint also seeks to add John M. Wiblyi as new plaintiff, asserting new factual allegations and legal theories, and to certify this

Case 3:03-cv-00383-WIG

Document 232

Filed 10/07/2005

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as a derivative action under Fed. R. Civ. P. 23.1. Lincoln National needs the additional time to investigate the Plan Participants' factual allegations, to determine how the Plan Participants' new allegations factually and legally relate to Lincoln National, and to determine whether or not to object to certain parts of the Plan Participant's multi-part Motion to Amend. This is Lincoln National's first request for an extension of time on this deadline. Defendants, Wasley Prod Inc, Alan A. Wasley, Andrew Brady, Sandi Dumas-LaFerriere, and Barry Connell have sought, and have been granted, an extension of time until October 21, 2005, on this same deadline. This matter has not yet been assigned for trial.

Dated: Hartford, CT October 7, 2005

LeBOEUF, LAMB, GREENE & MacRAE, L.L.P.

By: Thomas G. Rohback James J. Reardon, Jr. Doug Dubitsky LEBOEUF, LAMB, GREENE & MacRAE, L.L.P. 225 Asylum Street Hartford, CT 06103 (860) 293-3500 (860) 293-3730 (fax) Counsel for Defendant Lincoln National Life Insurance Company

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Case 3:03-cv-00383-WIG

Document 232

Filed 10/07/2005

Page 3 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT --------------------------------- x WASLEY PRODUCTS, INC., ET AL., : : Plaintiff, : : v. : : BARRY BULAKITES, ET AL., : : : Defendant. : : : --------------------------------- x

MASTER CONSOLIDATED CASE CIVIL NO. 3:03 CV 383 (MRK) THIS PERTAINS TO: 3:03 CV 1790 (MRK) Prentiss, et al. v. Wasley Products, Inc., et al.

October 7, 2005

ORDER

The foregoing Stipulated Motion for Extension of Time, having been heard, it is hereby ORDERED:

GRANTED/DENIED

______________________________ , J.

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