Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:01-cv-02047-WWE

Document 85

Filed 10/08/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT *********************************************** : OAK RIVER COMPANY : CIVIL ACTION NO. 3:01CV2047(WWE) Plaintiff : : vs. : : MICHAEL FERRERI : INVATECH, L.L.C. : INVATECH ASSOCIATES & : Plaintiff's Motion for Permission to COMPANY, INC. : Continue Defendant's Deposition IT INSURANCE PROFESSIONALS : Beyond Seven Hours APPLE OIL, INC. : : OCTOBER 5, 2004 Defendants : : *********************************************** MOTION FOR PERMISSION TO CONTINUE DEFENDANT, MICHAEL FERRERI'S, DEPOSITION BEYOND SEVEN HOURS Pursuant to Federal Rules of Civil Procedure 26(b)(2) and 30(d)(2), the plaintiff in the above-captioned matter hereby moves the court for permission to continue the deposition of the defendant, Michael Ferrari, beyond the one day, seven hour limit set forth in Rule 30(d)(2). Counsel for the defendant has been contacted and has no objection to this motion. ORAL ARGUMENT IS NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:01-cv-02047-WWE

Document 85

Filed 10/08/2004

Page 2 of 5

The deposition of the defendant, Michael Ferreri, was taken on September 2, 2004, beginning at approximately 9:30 a.m. During the deposition, it became clear that due to the complexity of the issues in the case and the defendant's tendency to provide long, narrative type responses, that his deposition could not be completed within the one day, seven hour limit proscribed by the Federal Rules. Federal Rule of Civil Procedure 26(b)(2) provides that the Court, by Order, "may alter the limits and [the] rules on . . . the length of depositions under Rule 30." Federal Rule of Civil Procedure 30(d)(2) provides that additional time must be allowed "if needed for a fair examination of the deponent or if the deponent or another person, or other circumstances impedes or delays the examination." In light of the complexity of the issues in this matter and plaintiff's need for a fair and adequate opportunity to fully and thoroughly depose the defendant, there is good cause for continuing the deposition beyond the time limits proscribed on the Rules of Civil Procedure. Notably, defendant's counsel does not object to this request.

Therefore, the plaintiff requests permission to continue the defendant's deposition to a second day and up to an additional seven hours of time.

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Case 3:01-cv-02047-WWE

Document 85

Filed 10/08/2004

Page 3 of 5

WHEREFORE, for all of the foregoing reasons, the plaintiff moves for permission to continue the defendant's deposition to a second day for a period of up to seven additional hours. THE PLAINTIFF, Oak River Company

BY__________________________ April Haskell (CT 04307) Montstream & May, L.L.P. 655 Winding Brook Drive P. O. Box 1087 Glastonbury, CT 06033-6087 (860) 659-1341

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Case 3:01-cv-02047-WWE

Document 85

Filed 10/08/2004

Page 4 of 5

ORDER The foregoing motion having been heard, it is hereby ORDERED: GRANTED/DENIED BY THE COURT,

Judge/Clerk

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Case 3:01-cv-02047-WWE

Document 85

Filed 10/08/2004

Page 5 of 5

CERTIFICATION This is to certify that a copy of the foregoing was mailed to all counsel/parties of record this 5th day of October, 2004, as follows: Christopher B. Weldon, Esq. Daren P. Renner, Esq. Lustig & Brown, L.L.P. 1150 Summer Street Stamford, CT 06905 (CT 14128) James J. Nugent, Esq. Nugent & Bryant 236 Boston Post Road Orange, CT 06477 (203) 795-1113 April Haskell, Esq. Montstream & May, L.L.P.

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