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

Case 3:01-cv-02107-EBB

Document 30

Filed 01/12/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LERON WILLIAMS V. CITY OF TORRINGTON, JOHN FIELD, MARQUAM JOHNSON, MARY JANE GRYNIUK, TOM GRITT, AND BOARD OF SAFETY : : CIVIL ACTION NO. 3:01 CV02107 (EBB)

:

JANUARY 12, 2004

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR ATTORNEYS' FEES NUNC PRO TUNC Pursuant to Federal Rules of Civil Procedure 6(b)(2), 54(d)(2)(B) and D. Conn. L. Civ. P. 7(b), the Defendants, City of Torrington (the "City"), John Field, Marquam Johnson, Mary Jane Gryniuk, Tom Gritt and Board of Safety (the "Board"), through counsel, respectfully request leave of the Court to for an additional fourteen (14) days, up to and including January 26, 2004, file their motion for attorneys' fees out of time. The Defendants request leave to file their motion for attorneys' fees based on the Court's ruling on the Defendants' Motion for Summary Judgment on December 10, 2003. In support of this Motion, the Defendants represent the following: 1. On December 10, 2003, the Court granted the Defendants' motion for summary

judgment on all counts of the Complaint dated November 13, 2001 and entered Judgment in their favor on December 12, 2003. 2. The Defendants intend to seek attorneys fees as the prevailing parties pursuant

to 42 U.S.C. § 1988(b). 3. The Defendants did not file their motion for attorneys' fees within the required

number of days because the undersigned counsel for the Defendants was out of the State from

One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:01-cv-02107-EBB

Document 30

Filed 01/12/2004

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December 5, 2003 through December 15, 2003. In addition, the Christmas and New Year Holidays made it difficult for the undersigned counsel to communicate with the Defendants to determine whether to move for attorneys' fees. As such, the Defendants' failure to file their motion for attorneys' fees was the result of excusable neglect. 4. The Defendants require the additional time to obtain consent from the municipal

and individual defendants and to prepare their motion for attorney's fees. 5. limitation. 6. The undersigned counsel has contacted John R. Williams, Esq., counsel for the This is the Defendants' first motion for extension of time with respect to this time

Plaintiff, but has been unable to determine his position on this motion. For all the above reasons, the Defendants respectfully request leave of the Court to file their motion for attorney's fees out of time. Respectfully submitted, THE DEFENDANTS: CITY OF TORRINGTON, JOHN FIELD, MARQUAM JOHNSON, MARY JANE GRYNIUK, TOM GRITT AND BOARD OF SAFETY

By______________________ James M. Sconzo Fed Bar # ct04571 and Kevin R. Brady Fed Bar # ct22135 of HALLORAN & SAGE LLP One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103
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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:01-cv-02107-EBB

Document 30

Filed 01/12/2004

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CERTIFICATION This is to certify that on this 12th day of January, 2004, I hereby mailed a copy of the foregoing to: John R. Williams, Esq. Williams and Pattis, LLC 51 Elm Street New Haven, CT 06510

Kevin R. Brady

500115.1(HSFP)

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105