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

Case 3:01-cv-01889-SRU

Document 292

Filed 06/27/2008

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­­ ­ ­ ­ x LEONARD BRANDT, : Plaintiff, - against HOME DIAGNOSTICS, INC., GEORGE H. HOLLEY, and JUDY CHENG SALEM, EXECUTRIX OF THE ESTATE OF ROBERT J. SALEM, : Civil Action No.: 3:01-1889 (SRU) : : :

Defendants. : ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­­ x MOTION ON CONSENT FOR AN EXTENSION OF TIME Defendants Home Diagnostics, Inc. and George H. Holley, by their attorneys Satterlee Stephens Burke & Burke LLP, and Judy Cheng Salem, Executrix of the Estate of Robert J. Salem, by her attorneys Nuzzo & Roberts LLC (together, "Defendants"), respectfully submit this consented to motion for an extension of time to file a motion f r o sanctions. On May 13, 2008, the Court filed an Order and Ruling in the above-captioned action inviting defendants to file a motion for sanctions on or before June 12, 2008. Since the Court issued its Order, plaintiff has filed a notice of appeal from the Court's Order, defendants have prepared their motion for sanctions, and the parties have had ongoing settlement discussions in which the appeal would be withdrawn and defendants would not make their sanctions motion. As of today, the parties have exchanged several releases and a new settlement agreement (some of which are signed and being held in escrow) and the parties are very close to exchanging all documents and fully resolving their issues. However, in the event that a

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Case 3:01-cv-01889-SRU

Document 292

Filed 06/27/2008

Page 2 of 2

full settlement is not reached, defendants do not want to waive their right to file a motion for sanctions, nor does the plaintiff want to waive his right to further perfect his appeal. Accordingly, defendants respectfully request an extension of two-weeks, from June 27, 2008 through and including July 11, 2008, to file their motion for sanctions in the event that a full settlement can not be reached. Defendants have discussed this motion with plaintiff's counsel and plaintiff consents to this motion. This is the second such request for an enlargement of time with respect to the sanctions motion. SATTERLEE STEPHENS BURKE & BURKE LLP By:_________/s/ Aaron M. Zeisler__________ Paul M. Brown (CT 23232) Aaron M. Zeisler (admitted pro hac vice) Justin Klein (admitted pro hac vice) Attorneys for Defendants 230 Park Avenue New York, New York 10169 (212) 818-9200 (203) 818-9606 fax

SO ORDERED

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