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

Case 3:03-cv-00368-MRK

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Filed 02/27/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

GREGORY A. BLOCH, ANNE C. BLOCH, GREGORY A. BLOCH, ANNE C. BLOCH AS TRUSTEES FOR THE BENEFIT OF TRIAD ART GROUP, INC.'S EMPLOYEE STOCK OWNERSHIP TRUST, ANNE C. BLOCH AS CUSTODIAN FOR THE BENEFIT OF LUCAS CRETZMEYER, TRIAD ART GROUP, INC., TRIAD ART GROUP PUBLISHING, INC. Plaintiffs, VS. FINANCIAL WEST GROUP AND PATRICK SAHLI, Defendants.

: CASE NO.: 3:03 CV 0368 (MRK) : : : : : : : : : : : : FEBRUARY 25, 2004 : : :

PLAINTIFFS' MOTION ON CONSENT TO EXTEND THE DISCOVERY PERIOD Pursuant to Local Rule 7(b), Plaintiffs Gregory A. Bloch, Anne C. Bloch, Gregory A. Bloch, Anne C. Bloch as Trustees for the Benefit of Triad Art Group, Inc.'s Employee Stock Ownership Trust, Anne C. Bloch as Custodian for the benefit of Lucas Cretzmeyer, Triad Art Group, Inc., and Triad Art Group Publishing, Inc. ("Plaintiffs"), with the consent of Defendant Financial West Group ("FWG") and Defendant Patrick Sahli ("Sahli"), respectfully request a modification of the case management plan previously filed with this Court. Specifically, Plaintiffs request a three-month extension of time to complete discovery, up to and including May 29, 2004. ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

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Case 3:03-cv-00368-MRK

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In support of this motion, Plaintiffs state as follows: (1) Prior to the date of this motion, the parties have completed significant discovery,

including but not limited to responding to numerous interrogatories and requests for production. Plaintiffs also have taken the deposition of Thomas Krueger, a compliance officer of FWG. The parties are in the process of attempting to schedule deposition dates for Plaintiffs Gregory Bloch and Anne Bloch. (2) The parties are scheduled to have a settlement conference with Magistrate Judge

Garfinkel on March 23, 2004. Plaintiffs are reluctant to incur the additional expense of further discovery prior to the settlement conference. However, if such settlement conference is unsuccessful and the parties are not able to reach an agreement in this matter, Plaintiffs will need to conduct additional discovery to prepare for trial. For instance, Plaintiffs then would notice and take the depositions of Defendant Sahli, who resides in California, and several current and former executives of Defendant FWG, many of whom also reside in California. (3) Undersigned counsel for Plaintiffs has contacted both Mr. Sahli (who is pro se) and

counsel for FWG, both of whom consent to this motion for an extension of the discovery period. (4) matter. WHEREFORE, based on the foregoing, Plaintiffs request a three-month extension of time to complete discovery, up to and including May 29, 2004. This motion is the first request for an extension of the discovery period in this

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Respectfully submitted, THE PLAINTIFFS, GREGORY A. BLOCH, ANNE C. BLOCH, GREGORY A. BLOCH, ANNE C. BLOCH AS TRUSTEES FOR THE BENEFIT OF TRIAD ART GROUP, INC.'S EMPLOYEE STOCK OWNERSHIP TRUST, ANNE C. BLOCH AS CUSTODIAN FOR THE BENEFIT OF LUCAS CRETZMEYER, TRIAD ART GROUP, INC., TRIAD ART GROUP PUBLISHING, INC.

By ____________________________________ Daniel L. Schwartz (ct 09862) Day, Berry & Howard LLP One Canterbury Green Stamford, Connecticut 06901-2047 (203) 977-7300 [email protected] Attorneys for Plaintiffs

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CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing was sent by certified mail, return receipt requested, on this 25th day of February 2004 to: Dianna McCarthy, Esq. Winget, Spadafora & Schwartzberg, LLP 45 Broadway, 19th Floor New York, NY 10006 (attorneys for Financial West Group) Patrick Sahli P.O. Box K-1 Carmel, CA 93921 (Pro se Defendant)

__________________________________ Daniel L. Schwartz

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