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

Case 3:01-cv-02166-JCH

Document 86

Filed 06/24/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PRISONER CIVIL NO. 3:01CV2166 (JCH)(HBF)

DUANE ZIEMBA v. JOHN ARMSTRONG, ET AL.

: : :

JUNE 23, 2004

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE THEIR MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 9(b) of the Local Rules of Civil Procedure, the undersigned defendants request a sixty (60) day extension of time to file their Motion for Summary Judgment. In support thereof, the defendants submit as follows: A). The plaintiff, a pro se inmate, brings this action against several correctional

officials, all of whom were employees of the Connecticut Department of Correction ("DOC") at times pertinent to the allegations in the plaintiff's complaint. The primary defendant represented by the undersigned is former DOC Commissioner, John J. Armstrong. B). According to the Court's Scheduling Order dated February 20, 2004, defendants'

dispositive motions were to be filed by April 30, 2004. The defendants intend to file a motion for summary judgment and submit that many, if not all, of plaintiff's claims should be dismissed as a matter of law. C). On April 7, 2004, the defendants filed a motion for extension of time to file their

motion for summary judgment (Docket No. 74) on the basis that defendant Armstrong was unavailable due to his service in Iraq at the request of the United States Government and also because discovery remained outstanding. Due to the uncertainty of defendant Armstrong's

Case 3:01-cv-02166-JCH

Document 86

Filed 06/24/2004

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status, the defendants did not specify a particular request for extension but rather requested a reasonable time from the resolution of the above issues. D). Defendant Armstrong has recently returned from Iraq and is now available for

assistance/input/consultation with the preparation of defendants' motion for summary judgment. E). However, discovery remains open and outstanding. In fact, the defendants are in

the process of responding to fourteen (14) separate sets of discovery documents filed by the plaintiff. All of these responses will be provided to the plaintiff on or before July 5, 2004. F). On June 22, 2004, the undersigned received notice that defendants' motion for

extension of time to file a motion for summary judgment (Docket No. 74) was granted and that the defendants were ordered to file their motion for summary judgment on or before June 23, 2004. G). The undersigned is unable to complete defendants' motion for summary judgment

by June 23, 2004. H). The plaintiff, a pro se inmate, has not been contacted by the undersigned

concerning this request. Moreover, as an inmate who seeks monetary damages from this action, the plaintiff will not be prejudiced by the granting of an extension to the defendants for the filing of this motion. I). This is the second motion for extension of time filed by the defendants concerning

the Court's schedule for filing dispositive motions.

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Case 3:01-cv-02166-JCH

Document 86

Filed 06/24/2004

Page 3 of 3

WHEREFORE, the defendants request a sixty (60) day extension of time until August 23, 2004 to file their motion for summary judgment.

DEFENDANTS, John Armstrong, Kevin DeGray, Larry Myers, and Reginald McAllister RICHARD BLUMENTHAL ATTORNEY GENERAL /s/ BY: ____________________________________ Matthew B. Beizer Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct16304 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following this 23rd day of June, 2004: Duane Ziemba #128963 Northern Correctional Institution P.O. Box 665 Somers, CT 06071 /s/ __________________________________ Matthew B. Beizer Assistant Attorney General

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