Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv-00376-SRU Document 15 Filed O2/27/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
for the
DISTRICT OF CONNECTICUT
ADRLANO B. BRANCO
Plaintiff, :
: Civil Nor 3:03CV376(SRU)
v. :
SHAW’S SUPERMARICETS, INC., FEBRUARY 26, 2004
Defendant. :
MOTION FOR MODIFICATION OF SCHEDULING ORDER
Pursuant to the Federal Rules of Civil Procedure and Local Rule 7 of this Court,
the Defendant in the above—captioned matter respectlitlly requests a modification of the
scheduling order and seeks a sixty (60) day extension of time to the scheduled dates for closure
of discovery and the dispositive inotion deadline. In support of this motion, Defendant states:
l. On April 25, 2003, the Honorable Judge Stefan R. Underhill endorsed the
Report of Parties Planning Meeting which set the deadlines for completing discovery to
February l, 2004 and the tiling ofdispositive motions to March l, 2004.
2. Plairitiffs counsel cancelled three attempts by defense counsel to talce
plaintiff` s deposition before February l, 2004t For this reason, on rlanuary I5, 2004, Defendant
moved for modification of the scheduling order to allow a thirty (30) day extension of time on
discovery closure and a thirty day extension of time on the dispositive motion deadline. By
Order dated January 16, 2004, this Court (Underhill, J.) granted that motion.
l

Case 3:03-cv-00376-SRU Document 15 Filed O2/27/2004 Page 2 of 3
3. On February 4, 2004, plaintiffs counsel agreed to February 24, 2004 as
the date for plaintiffs deposition, and Defendant re-noticed for that date.
4. When defense counsel called to confirm the deposition on February 23,
2004, plaintiffs ccunsel’s office indicated they were unavailable and therefore unable to go
forward with the deposition on February 24, 2004.
5. This is the fourth time that plaintiff has retiised to appear at his properly
noticed deposition.
6. In light of the foregoing, Defendant is forced to move for a second
modification of the scheduling order as it relates to completion of discovery and dispositive
motions.
7. Plaintiff' s counsel has no objection to this motion.
WHEREFORE, Defendant respectfully moves for a sixty (60) day extension of
time to modify the Scheduling Order to extend the discovery deadline through to May l, 2004,
and the dispositive motion deadline through to June l, 2004.
DEFENDANT,
SHAW’S SUPERMARKQEF S, INC.,
M
By: ci /Q/ iii amy (ci ness)
anth l. ksonlewiscoin
neu (et mass)
cinihc, = onlewiscoin
Jackson Lewis LLP
55 Farmington Avenue, Suite l200
Hartford, CT 06105
(860) 522-0404 (phone)
(860) 247-1330 (fax)
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Case 3:03-cv-00376-SRU Document 15 Filed O2/27/2004 Page 3 of 3
CERTIFICATION OF SERVICE
This is to certify that a copy ofthe foregoing was sent `oy first class mail, postage
prepaid on this 26 day of February, 2004, to the following counsel of record:
John Ro Williams
[email protected]
Williams and Pattis, LLC
51 Elm Street
New Haven, CT 06510
Ph. 203—562·993I
Fax 203—776—~9494
(fn L.
Meir? ,.._,_ (/t/*·~=/‘
sony . cial
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