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

Case 3:03-cv-00383-WIG

Document 177

Filed 07/15/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WASLEY PRODUCTS, INCORPORATED : AND PRECISION MOLDING COMPANY, INC. : Plaintiffs, : : V. : : BARRY LEONARD BULAKITES, JAMES : ALBERT WINSLOW, JOSHUA ADAMS : CORPORATION, NATIONWIDE LIFE : INSURANCE CO. OF AMERICA f/k/a : PROVIDENT MUTUAL LIFE INSURANCE CO. : AND LINCOLN NATIONAL LIFE INSURANCE : CO. : Defendants. : __________________________________________ CIVIL ACTION NO. 3:03-CV-00383 (MRK)

JULY 14, 2005

MOTION FOR EXTENSION OF TIME TO FILE AN OPPOSITION TO THE BULAKITES DEFENDANTS' MOTION TO DISQUALIFY Pursuant to Local Rule 7 of the Federal Rules of Civil Procedure, Defendant Lincoln National Life Insurance Co. ("Lincoln National"), respectfully moves for a three-week extension of time, up to and including, Thursday, August 11, 2005, to file its Opposition to the Bulakites Defendants' Motion to Disqualify Day, Berry & Howard, LLP as counsel for Lincoln National. In support of this motion, Lincoln National states as follows: 1. The Bulakites Defendants filed a Motion to Disqualify Day, Berry & Howard, LLP

as attorneys for Lincoln National on June 30, 2005. Lincoln National's Opposition to that motion currently is due on Thursday, July 21, 2005.

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2.

The primary attorney on this matter currently is on a lengthy trial in Florida. That

trial is expected to last until mid-August. 3. Lincoln National's counsel also has had a number of previously scheduled

deadlines for submissions to this and other courts that have conflicted with this motion, including: (i) following a July 7, 2005 oral argument in this Court for a motion for summary judgment in the case of Nichani v. Otis Elevator, Docket No. 3:02-CV-1384 (MRK), Lincoln National's counsel must submit supplemental memoranda on July 21, 2005; (ii) on July 21, 2005, Lincoln National's counsel must submit a Reply Brief in the case of Dillon v. Morano, Docket No. 3:04-CV-00231 (AWT); (iii) on July 5, 2005, Lincoln National's counsel submitted a Reply brief in the case Torello v. Sikorsky Aircraft, Docket No. 3:04-CV-00848 (JCH); (iv) on June 24, 2005, Lincoln National's counsel submitted a motion for summary judgment and supporting papers in the case of Edward Peters v. Sikorsky Aircraft Corporation, Docket No. 3:04-CV-1066 (PCD), and expects the Plaintiff's Opposition to be filed on July 15, 2005; and (v) on July 15, 2005, Lincoln National's counsel must submit a brief to the Connecticut Appellate Court in a pro bono criminal matter. 4. Lincoln National's counsel also is in the midst of responding to discovery requests

in this and other matters. 5. This is Lincoln National's first request for an extension of time to file an

Opposition to the Bulakites Defendants' Motion to Disqualify.

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6.

Lincoln National's counsel has contacted counsel for the Bulakites Defendants,

who does not object to this request for an extension of time. WHEREFORE, Lincoln National respectfully requests that this Court enter an order granting it three additional weeks, to and including, Thursday, August, 11, 2005, to file its Opposition to the Bulakites Defendants' Motion to Disqualify Day, Berry & Howard, LLP as counsel for Lincoln National. DEFENDANT, LINCOLN NATIONAL LIFE INSURANCE CO.,

By: /s/ Douglas W. Bartinik___________ Albert Zakarian (ct069465) Eric L. Sussman (ct19723) Douglas W. Bartinik (ct26196) Day, Berry & Howard LLP CityPlace I Hartford, Connecticut 06103-3499 Telephone: (860) 275-0100 Fax: (860) 275-0343 [email protected] [email protected] [email protected] Its Attorneys

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CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a copy of the foregoing was mailed this date, postage prepaid, to: Eric P. Smith, Esq. Steven J. Errante, Esq. Lynch, Traub, Keefe & Errante 52 Trumbull Street New Haven, CT 06510 Ian O. Smith, Esq. Thomas G. Moukawsher, Esq. Capitol Place 21 Oak Street, Suite 209 Hartford, CT 06106 Deborah S. Freeman, Esq. Bryan D. Short, Esq. Sara Simeonidies, Esq. Bingham McCutchen One State Street Hartford, CT 06103-3178 _/s/________________________________ Douglas W. Bartinik Joseph V. Meaney, Jr., Esq. Cranmore, Fitzgerald & Meaney 49 Wethersfield Avenue Hartford, CT 06114

Jean Elizabeth Tomasco, Esq. Theodore J. Tucci, Esq. Robinson & Cole 280 Trumbull Street Hartford, CT 06103

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