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

Case 3:01-cv-02137-SRU

Document 28

Filed 03/17/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : Plaintiff, : : v. : : METRO-NORTH RAILROAD COMPANY : : Defendant. : SHAKUNTALA SCHNIRRING

CIVIL ACTION NO. 3:01 CV 02137 (SRU)

MARCH 16, 2004

MOTION FOR EXTENSION OF TIME TO FILE JTM AND TO POSTPONE JURY SELECTION The undersigned Defendant/Third Party Plaintiff, Metro-North Railroad Company, with the consent and agreement of the plaintiff, seeks an extension of time within which to file the joint trial memorandum and to postpone jury selection for this matter. The basis for this motion is that a third-party complaint has just been served upon Steadfast Insurance Company. The parties would prefer to have the insurance company in the case for settlement purposes prior to the filing of the JTM and jury selection. By way of background, Magistrate Judge William Garfinkel presided over a settlement conference in this matter on January 20, 2004. At that time it was explained to Judge Garfinkel that discovery had revealed the possibility that Metro-North is covered by an insurance policy for this loss. Subsequently, a motion to implead the insurance carrier was filed and granted. The

Case 3:01-cv-02137-SRU

Document 28

Filed 03/17/2004

Page 2 of 3

third-party complaint has been filed and served against the insurance company. We are presently awaiting the appearance of counsel for Steadfast Insurance Company. In addition, correspondence is ongoing between the undersigned counsel and a representative of the insurance company. The joint trial memorandum is presently due on March 16, 2004. A calendar call for jury selection is scheduled for March 24, 2004. The parties would like the opportunity to meet with Judge Garfinkel again after counsel for Steadfast Insurance Company appears in the case. It appears to make sense to attempt a settlement of the matter prior to filing the JTM and selecting a jury. Counsel for the plaintiff, Scott Perry, consents and joins in this motion. THE DEFENDANT/THIRD PARTY PLAINTIFF, METRO-NORTH RAILROAD COMPANY

By: Robert O. Hickey, Esq., (CT 19555) Ryan, Ryan, Johnson & Deluca, LLP 80 Fourth Street, P.O. Box 3057 Stamford, CT 06905 Phone No. 203-357-9200

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Case 3:01-cv-02137-SRU

Document 28

Filed 03/17/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on March 16, 2004, a copy of the above was mailed to the following counsel and pro se parties of record: Scott Perry, Esq. Cahill & Goetsch, PC 43 Trumbull Street New Haven, CT 06511-1059 Attorney for Plaintiff, Shakuntala Schnirring

___________________________________ Robert O. Hickey, Esq.
I:\Procases\205.116\extJTM031204.wpd 205.116

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