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

Case 3:01-cv-02018-JBA

Document 233

Filed 05/06/2005

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES FIDELITY AND GUARANTY COMPANY, DISCOVER REINSURANCE COMPANY AND DISCOVERY MANAGERS, LTD. Plaintiffs V.
S.B. PHILLIPS COMPANY, INC.

CIVIL ACTION NO.: 301CV2018 (JBA)

Defendant

MAY 5, 2005

DEFENDANT COUNTERCLAIM PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE AND SERVE THE PARTIES' JOINT TRIAL MEMORANDUM

Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure (Fed.R.Civ.P.) and Rule 9(b) of the Local Rules of the United States District Court for the District of Connecticut (D.C.L.Civ.R.) Defendant/Counterclaim Plaintiffs, S.B. Phillips Company, Inc. and Sam B.
Phillips, Jr. ("the Counterclaim Plaintiffs") hereby move for an extension of thirty (30) days

beyond the current date, to and including June 23,2005 to file and serve a Joint Trial Memorandum. In support of this Motion, the Parties state as follows: 1. This action was commenced by USF &G on or about October 26, 2001. It was

transferred to this Court by Order dated April 15, 2005.

BERMAN

AND

SABLE

LLC 06103

ONE FINANCIAL PLAZA. HARTFORD. CONNECTICUT (860) 527-9699 JURISNO.03840

.

Case 3:01-cv-02018-JBA

Document 233

Filed 05/06/2005

Page 2 of 4

2.

On Monday, May 2,2005, the parties conducted a settlement mediation before

the Honorable Thomas 1. Smith. Although the case was not resolved during that mediation, USF&G and the Counterclaim Plaintiffs' are continuing to explore the possibility of resolution under the auspices of Judge Smith. 3. Counterclaim Plaintiffs have consulted with Judge Smith and he supports the

Motion in order to allow him, and the parties, further time to explore the possibility of settlement. 4. USF&G and the Counterclaim Plaintiffs have agreed, however, that they will

exchange and file Witness Lists on May 23,2005 as provided for in the Court's Order of March 30, 2005, ordering the Parties to submit their Joint Trial Memorandum on that date. 5. Counsel for Counterclaim Plaintiffs has spoken to USF&G's counsel and they

consent to the granting of this Motion.

2
BERMAN AND SABLE LLC ONE FINANCIAL PLAZA, HARTFORD, CONNECTICUT (860) 527-9699 . JURIS NO. 03840

06103

Case 3:01-cv-02018-JBA

Document 233

Filed 05/06/2005

Page 3 of 4

WHEREFORE, the Parties respectfully request an extension of time to and including June 23, 2005 to file and serve the Joint Trial Memorandum. DEFENDANT COUNTERCLAIM PLAINTIFFS
}

By:

, --

./ t)V'<-A--1 I
'

I,",

1

/1 /

/1

/1 -

I/

-/

"--

,~

1

/

-- /<-7

MICHAEL P. BERMA~ ' / Federal Bar No. (ct05624) ROBtRT J. CAFFREY Federal Bar No. (ct04431) DAVID R. LEVESQUE Federal Bar No. (ct18436) Berman and Sable LLC One Financial Plaza Hartford, Connecticut 06103 (860) 527-9699 (telephone) (860) 527-9077 (facsimile) Its Attorneys

3
BERMAN AND SABLE LLC

ONE FINANCIAL PLAZA, HARTFORD, CONNECTICUT 06103 (860) 527-9699 . JURIS NO. 03840

Case 3:01-cv-02018-JBA

Document 233

Filed 05/06/2005

Page 4 of 4

CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing Defendant Counterclaim Plaintiffs' Motion for Extension of Time to File and Serve the Parties' Joint Trial Memorandum was
mailed, via U.S. mail, first class, postage prepaid on this 5th day of May, 2005 to: Kathleen D. Monnes, Esq. Thomas 1. Groark, Jr., Esq. Michael Shea, Esq. Day, Berry & Howard CityPlace I Hartford, CT 06103 Their Attorneys
/

/ ;,">ty.j. Rob~rtJ. Caffrey
\.

-..,<

"

4
ONE FINANCIAL BERMAN AND SABLE LLC PLAZA, HARTFORD, CONNECTICUT 06103

(860) 527-9699

.

JURISNO.03840