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

Case 3:01-cv-01871-JBA

Document 235

Filed 08/03/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ARC/CONNECTICUT, et al., Plaintiffs v. PETER H. O'MEARA, et al., Defendants

: : : : : : : : :

CIVIL ACTION NO. 3:01CV1871 (JBA)

August 2, 2004

DEFENDANTS' SECOND MOTION FOR ENLARGEMENT OF TIME TO FILE DISPOSITIVE MOTIONS Defendants respectfully request a second enlargement of time in which to prepare and serve any dispositive motions, until August 17, 2004, and in support aver the following: 1. On June 4, 2004, the Court issued an Order modifying the scheduling order in this

case. According to that order, dispositive motions were required to be filed by July 3, 2004. 2. On June 29, 2004, the Court issued a Supplemental Scheduling Order further

modifying the deadlines. That order did not modify the deadline for filing dispositive motions. 3. On July 2, 2004, the Defendants filed a motion for enlargement of time to file

dispositive motions until August 3, 2004. 4. The parties are still discussing settlement and believe that a final decision by the

parties on settlement will be made within the next few weeks. If the case is settled, any dispositive motions will be unnecessary. 5. Since the new trial date, pursuant to the Order dated June 29, 2004, is set for

March 14, 2005, this extension of time until August 17, 2004 will still allow almost seven (7) months for the Court to rule on dispositive motions.

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Case 3:01-cv-01871-JBA

Document 235

Filed 08/03/2004

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6.

Defendants' counsel contacted Plaintiffs' counsel, David Shaw, Esquire,

regarding this motion. Plaintiffs' counsel indicated that he would not oppose this motion. 7. motions. WHEREFORE, the Defendants request an enlargement of time until August 17, 2004 to prepare and serve any dispositive motions. Respectfully submitted, DILWORTH PAXSON LLP This is Defendants' second request to enlarge the time for filing any dispositive

Thomas B. York Fed. Bar No. ct 17663 112 Market Street, 8th Floor Harrisburg, PA 17101 Tel.: (717) 236-4812 Attorney for the Defendants

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Case 3:01-cv-01871-JBA

Document 235

Filed 08/03/2004

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served via facsimile and also via first-class, postage-prepaid mail on this ______ of August, 2004 on the following individuals:

David C. Shaw, Esq. 34 Jerome Ave. Suite 210 Bloomfield, CT 06002 Hugh Barber, Esq. Assistant Attorney General Office of the Attorney General P.O. Box 120 (55 Elm Street) Hartford, CT 06141-0120 Thomas Fiorentino, Esq. Assistant Attorney General Office of the Attorney General P.O. Box 120 (55 Elm Street) Hartford, CT 06141-0120 Mark Carta, Esq. Rucci, Burnham, Carta & Edelberg, LLP 30 Old Kings Highway South, P.O. Box 1107 Darien, CT 06820 James P. Welsh, Esq. Director, Legal & Government Affairs CT Dept. of Mental Retardation 460 Capitol Avenue Hartford, CT 06106

______________________________ Thomas B. York

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