Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:02-cv-01302-JCH

Document 492

Filed 09/20/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SHAWN POULIOT Plaintiff v. PAUL ARPIN VAN LINES, INC. et al. Defendants : : : : : : : : :

CIVIL ACTION NO. 3:02 CV 1302 (JCH) JUDGE JANET C. HALL

September 20, 2005

DEFENDANTS PAUL ARPIN VAN LINES, INC.'S AND ARPIN LOGISTICS, INC.'S MOTION TO CONTINUE SETTLEMENT CONFERENCE NOW COME Defendants, Paul Arpin Van Lines, Inc. and Arpin Logistics, Inc., (hereinafter "Arpin") and hereby request that the Settlement Conference scheduled for September 23, 2005, be continued to the next available Monday on Magistrate Judge Smith's calendar. In support of this Motion, Arpin states as follows: 1. This matter was subject to a first Pretrial Conference on September 15,

2005. A second Pretrial Conference has been scheduled for October 31, 2005. 2. At the Pretrial Conference, Judge Hall discussed availability of the

Magistrate Judge for a Settlement Conference on September 23 and September 30, 2005. At that time, while Plaintiff's counsel was available, defense counsel indicated that she was not certain whether a representative of the insurance carrier for the Defendants was available. 3. The Representative of the insurance carrier with settlement authority is

involved in a trial currently proceeding in the Superior Court, Hammond, Indiana entitled Deanna Paras, a minor, by her Parents, and Next Friends, George C. Paras and Helen Vincent, Individually, v. Curtis R. Parrish, Acosta-PMI and Acosta, Inc, Docket No.

Case 3:02-cv-01302-JCH

Document 492

Filed 09/20/2005

Page 2 of 4

45D05-0209-CT-225. The representative will therefore be in Indiana on Friday, September 23. The trial will be continuing at least into the week of September 26. 4. Following the Pretrial Conference in this matter, counsel for the parties

discussed the possibility of scheduling the Settlement Conference for a Monday. Plaintiff's counsel Roland Moots has jury trial starting in the next two weeks and defense co-trial counsel Harold Friedman is currently in jury trial in the matter of Wilma Snowberger, et al v. Getty Petroleum Marketing, Inc., et al, Docket No. X06-CV-010167144S, pending in the Connecticut Superior Court Complex Trial Division at Waterbury. The Snowberger matter is anticipated to last until at least October 21. Both Mr. Moots' trial and Mr. Friedman's trial are pending in Connecticut state courts in Danbury and Waterbury, which do not call in juries on Mondays. The Snowberger trial is anticipated to last until at least October 21. The likelihood of a fruitful settlement conference in the Pouliot matter is increased if all case and trial participants are able to attend. 5. Defendant Arpin will submit its ex parte settlement statement as required

by September 21, 2005 in anticipation of the requested rescheduled conference. WHEREFORE, Defendant Arpin respectfully requests that the settlement conference scheduled for September 23, 2005 be continued and be reset, if at all possible, for a Monday prior to the next Pretrial Conference in this matter.

Case 3:02-cv-01302-JCH

Document 492

Filed 09/20/2005

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Respectfully submitted,

______________________________ Daniel J. Krisch Horton, Shields & Knox, P.C. 90 Gillett Street Hartford, CT 06105 (860) 522-8338 fax (860) 728-0401 Fed. Bar ID#CT 21994 [email protected] Harold J. Friedman, Esq. CT 23785 Karen Frink Wolf, Esq. CT 26494 FRIEDMAN GAYTHWAITE WOLF & LEAVITT Six City Center, P.O. Box 4726 Portland, ME 04112-4726 (207) 761-0900, fax (207) 761-0186 [email protected] [email protected]

Case 3:02-cv-01302-JCH

Document 492

Filed 09/20/2005

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CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was faxed and mailed via U.S. First Class Mail this 20th day of September, 2005 to the following:

Michael A. Stratton, Esq. Stratton Faxon 59 Elm Street New Haven, CT 06510 Thomas J. Grady, Esq. Lenihan Grady & Steele 6 Canal Street PO Box 541 Westerly, RI 02891-0541

Roland F. Moots, Jr., Esq. Moots, Pellegrini, Spillane & Mannion 46 Main Street, PO BOX 1319 New Milford, CT 06776-1319 Karen Frink Wolf, Esq. Friedman Gaythwaite Wolf & Leavitt P.O. Box 4726 ~ Six City Center Portland, ME 04112-4726

Daniel J. Krisch