Free Response - District Court of Connecticut - Connecticut

Case 3:01-cv-01908-AVC

Document 227

Filed 07/08/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOHN WARD Plaintiff VS. ROBERT MURPHY ­ Investigator for State of CT. et al Defendants : : : : : JULY 6, 2004 CIVIL ACTION NO.: 3:01 CV 1908 (AVC)

OBJECTION TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME DATED JUNE 24, 2004 Pursuant to F.R.C.P 6(b) and D. Conn. L. Civ. R. 7(b)(2) and (3), the undersigned defendants hereby object to the plaintiff's motion for extension of time dated June 28, 2004. The plaintiff, John Ward, has failed to comply with the procedural requirements set forth in the Federal Rules of Civil Procedure 7 (b) 2 and 3 with respect to moving for an extension of time. Specifically, the plaintiff failed to inquire of opposing counsel as to their position regarding his motion for an extension of time and failed to make a "particularized showing" that the time limitation in question cannot reasonably be met despite his diligent efforts. Additionally, the plaintiff has filed a total of 17 motions for an extension of time since the commencement of this action in October of 2001. ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:01-cv-01908-AVC

Document 227

Filed 07/08/2004

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These motions have prejudiced the undersigned defendants and resulted in significant delays to these proceedings. In further support of this objection the undersigned defendants rely upon the codefendants' (Robert Murphy, et al.) objection to plaintiff's motion for extension of time dated June 24, 2004. Wherefore, for the foregoing reasons, the undersigned defendants request this Court sustain their objection to the plaintiff's motion for extension of time.

THE DEFENDANTS, DANBURY VISITING NURSE ASSOCIATION, VIRGINIA LOURENCO, R.N., JUDY GIBNEY, R.N., DANBURY HOSPITAL EITAN KILCHEVSKY, M.D. and JOAN MILLS

BY________________________________ BENJAMIN K. POTOK Of Bai, Pollock, Blueweiss & Mulcahey, P.C. 10 Middle Street Bridgeport, Connecticut 06604 (203) 366-7991 (203) 366-4723 fax #ct21298

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Case 3:01-cv-01908-AVC

Document 227

Filed 07/08/2004

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CERTIFICATION This is to certify that a copy of the foregoing has been mailed postage prepaid, first class mail to all counsel of record and pro se parties on _______, 2004. Mr. John Ward Ms. Donna Ward 18 Garamella Boulevard Danbury, Connecticut 06810 Carolyn Signorelli Assistant Attorney General 55 Elm Street, P.O. Box 120 Hartford, Connecticut 06141-0120

__________________________ BENJAMIN K. POTOK

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Case 3:01-cv-01908-AVC

Document 227

Filed 07/08/2004

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ORDER The foregoing objection, having been heard by the Court, is hereby ordered: SUSTAINED/OVERRULED. BY THE COURT

BY__________________________ JUDGE/ASSISTANT CLERK

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