Free Response - District Court of Connecticut - Connecticut

Case 3:01-cv-01967-RNC

Document 99

Filed 01/05/2004

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

_______________________________________ LEWIS C. BROWN Plaintiff vs. EXPERIAN INFORMATION SOLUTIONS INC. Defendant _______________________________________ ) ) ) ) ) ) ) ) ) )

Case No. 3:01CV1967 (RNC)

January 3, 2004

PLAINTIFF'S OBJECTION (IN PART) TO MOTION FOR CONTINUANCE

Experian asks that the court extend the pre-trial conference date (from 1/05/04) to a date in late January or early February. The plaintiff objects in part. The plaintiff does not object to the court's assigning a subsequent date. The plaintiff simply asks that the matter be assigned to the next available conference date (give or take). The defendant has already delayed the trial date 21 months (first, filing a failed motion for summary judgment; thereafter, filing multiple JTMR continuances). The plaintiff is 74. His primary witness (Mary Woehrle) is 84. Justice delayed risks justice denied. Mary (who regularly resides in Michigan) is visiting in Connecticut in January. Per chambers, a trial date might be available in early February. If so, the plaintiff asks that the court
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Case 3:01-cv-01967-RNC

Document 99

Filed 01/05/2004

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immediately assign this matter for the first available trial date, so as to avoid an undue holdover or senseless (repetitious) road travel for the plaintiff's elderly witness. If the defendant has not timely prepared its defense by now, Mary should not shoulder the burden. In similar fashion, an elderly plaintiff should not risk (or, perhaps, incur) resulting prejudice on account of a corporate defendant's voluntary election to retain distant counsel. If counsel cannot timely accommodate the court, local counsel should litigate the case. Irrespective of trial date, a timely pretrial conference is urged. If history is instructive, Experian is all but assured to bellyache that, whatever date is first proposed for trial ­ it will not nearly be enough time to organize and transport. Hairdressing appointments will need to be cancelled, teenage babysitters will be backlogged, weekly company staff meetings might be missed, Jones-Day will struggle to identify someone (anybody) at the firm available to cover a pre-scheduled 341 meeting of the creditors ... any reason and every reason of (what is assured to be) more significant import than his honor's affairs. A prompt pretrial conference assures adequate time for Experian (& friends) to make all necessary arrangements. It is a one ... maybe, two-day trial (maximum). Ten days notice should more than suffice. The first available conference and trial dates are requested. Respectfully Submitted,

________________________________________________________________________ ZENAS ZELOTES, ESQ. Zenas Zelotes LLC // Shaw's Cove 5, Suite 202 // New London CT 06320 Conn. Juris No. 419408 // Fed, Bar No. 23001 Tel: (860) 442-2265 // Fax: (860) 739-0295
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Case 3:01-cv-01967-RNC

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Filed 01/05/2004

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Zenas Zelotes LLC

Shaw's Cove 5, Suite 202 Tel. (860) 442-3365 / Fax. (860) 739-0295

COMMERCIAL LITIGATION & PLANNING

Jones, Day, Reavis & Pogue Attn: George Kostolampros 222 East 41st Street New York, NY 10017-6702

1/3/04

CERTIFICATE OF SERVICE

Zenas Zelotes LLC

Shaw's Cove 5, Suite 202 Tel. (860) 442-3365 / Fax. (860) 739-0295

COMMERCIAL LITIGATION & PLANNING

The undersigned counsel certifies that a copy of the document(s) attached was served upon each addressee by USPS first class mail on the date(s) reflected.

1/5/04 United States District Court Attn: Clerk of Court 450 Main Street Hartford CT 06103

1/5/04 (In Hand)

_____________________________________ ZENAS ZELOTES, ESQ. Zenas Zelotes LLC Shaw's Cove 5, Suite 202 New London CT 06320 Conn. Juris No. 419408 // Fed, Bar No. 23001 Tel: (860) 442-2265 // Fax: (860) 739-0295

Zenas Zelotes LLC
Shaw's Cove 5, Suite 202 Tel. (860) 442-3365 / Fax. (860) 739-0295

COMMERCIAL LITIGATION & PLANNING

United States District Court Attn: Chambers (Chatigny J.) 450 Main Street Hartford CT 06103 1/5/04

(In Hand)