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

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I UNITED STATES DISTRICT COURT I
` DISTRICT OF CONNECTICUT 3-; I § I5? III j
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TODD LYNCH, : CIVIL ACTION NO. iiE03C1 40381(MRK) I
Pfdfnfmr g B A as L_ I, I j_I`I:E1_`i I
V. g
KATHY MCNAMARA,
I TIMOTHY BARRY, and ; _
FRANK GRIFFIN, in their individual :
I Capacities ; I
i Defendants : FEBRUARY 10, 2004 I
I DEFENDANTS’ MOTION FOR EXTENSTION OF TIME
I TO FILE MOTION FOR SUMMARY JUDGMENT I
I The state employee defendants, Kathy McNamara, Timothy Barry and Frank Griffin, in
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their individual capacities, hereby respectfully move for a five—week extension of time to file I
their motion for summary judgment in this matter, from February 17, 2004 to March 23, 2004.
Darren G. Waggoner, counsel for the plaintiff, has graciously indicated that he does not object to
the extension of time. The reasons for the extension are as follows:
l (1) Pursuant to the Court’s Order of January 29, 2004, Sgt. Paul Kenefick was
I deposed by plaintiff s counsel on Thursday, January 5, 2004. Sgt. Kenefick provided useful
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I testimony, and his deposition transcript has not yet been received by the undersigned counsel.
| (2) The State is closed February 12 and 16th for state holidays, and the undersigned I
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I counsel will be out-of—state on vacation from February 17-20, 2004. Thus time for completing
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I the motion has become quite abbreviated. Moreover, upon the return from vacation, several
I judicial deadlines will becoming due, which will ftuther complicate completion of the motion.
(3) Co-counsel on this matter likewise will be on vacation during the week of I
February 17-20, and upon his return, will be in a federal jury trial before Judge Underhill starting I
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the second week in March. Thus, co-counsel will require the time prior to March? 9, 2004 to I
prepare for trial, and will subsequently be in trial, and thus will not be available to complete the I
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motion. |
I (4) The extension of time will not unduly delay adjudication of this matter, and will I
I greatly enhance the quality of the submission for the Cou1t’s consideration. I
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I WHEREFORE, the defendants respectfully request an extension of time up to and
I including March 23, 2004 to submit a motion for summary judgment in this matter.
I DEFENDANTS Kathy McNamara,
. Timothy Barry and Frank Griffin in their
I individual capacities
I
I RICHARD BLUMENTHAL
I ATTORNEY GENERAL
I BY: gu`
I Clare E. Kindall
' Assistant Attorney eneral
I Federal Bar No. ct 688
I 55 Elm Street
I P.O. Box 120
I Hartford, CT 06141-0120
Tel: (860) 808-5020
` Fax: (860) 808-5347 I
[email protected] I
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» t Case 3:03-cv-00381-MRK Document 32 Filed O2/11/2004 Page 3 of 3 '
I cmmmcarron

I hereby certify that a true and accurate copy of the foregoing was served by first—class
mail, postage prepaid, in accordance with Rule 5(b) of the Federal Rules of Civil Procedure on I
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I this 10th day of February, 2004 to:
I Sebastian O. DeSantis, Esq.
I Sabilia & DeSantis, LLC I
I 247 Shaw Street `
I P.O. Drawer 191 I
I New London, CT 06320 “
I Gilbert Shasha, Esq.
I 37 Granite Street I
I rao. Box me I
I New London, CT 06320 I
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I C0 I
I Clare E. Kindall
I Assistant Attorney eneral
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