Free Motion to Stay - District Court of Connecticut - Connecticut

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Case 3:03-cv-O0141—PCRn1tGI3%&% ,y,0§gIgd 11/17/2005 Page 1 of 3 I
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UNITED STATES DISTRICT COUR f‘[j"|'"
I FOR THE DISTRICT OF CONNECTICUT ,
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MARIO PASOUINI 1 I
Plaintiff, :
: 3:03CV 141 (PCD)
v. : ,
DESCO CORPORATION; DESCO
CORPORATION LONG TERM DISABILITY : I
INCOME PLAN; UNUM LIFE INSURANCE : =
COMPANY OF AMERICA : Q
Defendant : NOVEMBER 16, 2005
PLAINTIFF’S STATUS REPORT
AND ,
SECOND MOTION TO STAY CASE
Plaintiff submits this status report in response to this court’s November 2, 2005 ,
Order to Show Cause why the above-captioned case should not be dismissed. Plaintiff
also moves for a further six-month stay of this case. I
This case involves a claim for disability benefits pursuant to the Employee
g Retirement Income Security Act. As set forth in the prior motion to stay, the defendant
had entered into a multi-state settlement providing a procedure for further
administrative review of previousIy—denied disability claims. Plaintiff consented to
submit his claim to this process, but the defendant required that any pending litigation I
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Case 3:03-cv-00141-PCD Document 37 Filed 11/17/2005 Page 2 of 3 i
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be stayed pending resolution of the administrative review. The Court’s order granted
the motion to stay the case, and required plaintiff to file a status report on August 31,
2005, which plaintiff did not do. Both parts have filed and fully briefed motions for l
judgment on the pleadings, which the Court denied without preiudice pending expiration l
of the stay.
The administrative review of plaintiff’s claim is still pending. The defendant
contacted plaintiff for the first time last week requesting the materials necessary to
commence the review, and plaintiff is diligently assembling the required materials. E
Plaintiff hereby moves for a further six-month stay of this case to May 15, 2006
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pending resolution of the administrative review. lf the Court denies the motion, plaintiff
hereby renews its Motion for Judgment on the Pieadings.
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David S. Rintoul, Esq. l
BROWN, PAINDIRIS & SCOTT, LLP l
2252 Main Street `
Glastonbury, CT 06033 i
(860) 659-0700
Fed. Bar No. ct#08456 l
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Case 3:03-cv-00141-PCD Document 37 Filed 11/1 T/2005 Page 3 of 3
CERTIFICATION
The undersigned hereby certifies that the above motion was served by first class
mail, postagerpre-paid on November 16, 2005to:
Alexander Schwartz
3695 Post Road 5
i=>.o. Box 701 E
Southport CT 06890
David S. Rintoul i
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