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

Case 3:01-cv-02166-JCH

Document 74

Filed 04/07/2004

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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.

: : :

APRIL 5, 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 an extension of time to file their Motion for Summary Judgment. In support thereof, the defendants submit as follows: A). According to the Court's Scheduling Order dated February 20, 2004, defendants'

dispositive motions are 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. B). 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. C). Since August 2003, defendant Armstrong has been serving in Iraq at the request

of the United States Government. On information and belief, he is slated to complete his service in Iraq and return to Connecticut in June, 2004.

Case 3:01-cv-02166-JCH

Document 74

Filed 04/07/2004

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D).

By Order dated March 16, 2004, (Docket No. 72), the Court provided the plaintiff

with a videotape for purposes of soliciting prospective attorneys. E). It is unclear whether plaintiff is currently seeking to amend his complaint or

maintains the right to amend his complaint once the representation issue has been resolved. (See Docket No. 70). In either event, it is certainly premature to compel the filing of a dispositive motion with these issues unresolved. F). Moreover, discovery remains open and outstanding. (See Docket Nos. 46, 47, 52,

66). Accordingly, it is premature to compel the filing of a dispositive motion. G). Moreover, due to defendant Armstrong's service in Iraq, the undersigned has been

unable to obtain any assistance/input/consultation from defendant Armstrong in preparing defendants' motion for summary judgment. H). In order to adequately prepare a Motion For Summary Judgment to address the

claims brought against defendant Armstrong, it is essential for the undersigned to receive assistance/input/consultation from defendant Armstrong. I). As stated, defendant Armstrong is slated to complete his service in Iraq and return Fundamental principles of due process mandate that

to Connecticut in June, 2004.

Commissioner Armstrong be permitted to participate in the preparation of defendants' Motion for Summary Judgment. J). The plaintiff, a pro se inmate, has not been contacted by the undersigned

concerning this request. K). This is the first 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 74

Filed 04/07/2004

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WHEREFORE, the defendants request that the April 30, 2004 deadline for the filing of dispositive motions be extended to a reasonable time following the resolution of the issues detailed above. DEFENDANTS, John Armstrong, Kevin DeGray, Larry Myers, and Reginald McAllister RICHARD BLUMENTHAL ATTORNEY GENERAL

BY: /s/_________________________________ 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 5th day of April, 2004: Duane Ziemba #128963 Northern Correctional Institution P.O. Box 665 Somers, CT 06071

/s/__________________________________ Matthew B. Beizer Assistant Attorney General 3