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

Case 3:OO—cv-00871-CFD Document 114 Filed O1/13/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
GREYSTONE COMMUNITY I
REINVESTMENT ASSOCIATES, INC., : CIVIL ACTION NO.: 3 :00CV87l (CFD)
Plaintiff :
vs. ‘
FIRST UNION NATIONAL BANK,
Defendant. : JANUARY 13, 2004
JOINT MOTION FOR EXTENSION OF TIME
Pursuant to D. Conn. L. Civ. R. 9(b) the Plaintiff] Greystone Community Reinvestment Z
Associates, Inc. ("Greystone"), and Defendant, First Union National Bank ("First Union")
respectfully request that the Trial Memorandum Order dated October l, 2003 as amended by the
~ Order dated October 31, 2003 currently governing preparation of Trial Memoranda be extended as
a result of the following:
l. By Order dated November l0, 2003, the present action was referred to Magistrate
Judge William I. Garfinkel for a settlement conference;
2. In furtherance of said Order, the parties have exchanged several dates for the
settlement conference and are presently waiting for Magistrate Judge Gariinkel to
schedule the conference;
3. There is presently pending a motion by Greystone to consolidate the present (
action with a companion suit captioned Greystone Community Reinvestment
Associates, Inc., v. Berean Capital Inc., Docket No. 3:02-CV-0l703(CFD)
(hereinafter "Companion Suit");
4. By Order dated November 3, 2003, the Companion Suit was referred to Magistrate
Judge William I. Gartinkel for a settlement conference.
5. In furtherance of said Order, the parties to the Companion Suit have participated i - ‘
in the exchange of dates for a joint settlement and are presently waiting for V
Magistrate Judge Garlinkel to schedule the conference; »

Case 3:00-cv-00871-CFD Document 114 Filed O1/13/2004 Page 2 of 3
- 6. There is presently pending a- motion. seeking dismissal of the Companion Suit by
· Berean Capital Inc. as well as a pending objection to dismissal and a motion for "
` ‘ · summary judgment by Greystone. Oral argument on these motions is scheduled
‘ for February 6, 2004; and
7. The scheduling of the settlement conference before Judge Gariinkel will take
place after a decision on these pending motions.
· This Trial Memorandum Order dated October 1, 2003, as amended, requiring a Trial
Memoranda be filed by January 30, 2004 defeats the purpose of the joint settlement conference
presently being scheduled for both suits and may be rendered obsolete following a decision on
dismissal and summary judgment in the Companion Suit, especially if both actions are eventually -
consolidated for trial. ·
In the interests of justice and in order to avoid the waste of precious judicial resources, it is
respectfully requested that the Trial Memorandum Order be revised to order a filing date of thirty
(30) days following the conclusion of the date of the joint settlement conference. Additionally, the
ability to globally resolve both suits will likely be enhanced if a joint settlement conference were to
occur prior to compliance with the Trial Memorandum Order because the parties’ resources will be —
focused on settlement rather than trial. ·
DEFENDANT, PLAINTIFF,
FIRST UNION NATIONAL BANK GREYSTONE COMMUNITY
` REINVESTM N ASSOCIATES, INC. 4
/_ • " J' } .2-; {I F/F
By: By: tél]. _ ,`
Ja T. Shearin (ct 01326) {UI Eliot B. Gerstenl(ct0532 ¥)
Brian C. Roche (ct 17975) John J. Robacynski (ctl5636
PULLMAN & COMLEY, LLC GERSTEN & CLIFFORD
850 Main Street, 8‘“‘Floor 214 Main Street
Bridgeport, CT 06604 Hartford, CT 06106
(203) 330-2000 (860) 527-7044
Its Attorneys Its Attorneys
-2-

Case 3:00-cv-00871-CFD Document 114 »Fi|ed 01/13/2004 Page 3 of 3
.~ ` CERTIFICATE OF SERVICE
` I herebycertify that on January 13, 2004, a copy of the foregoing was mailed, postage q
prepaid, to all counsel and pro se parties of record: A i ‘ -
James T. Shearin, Esq. L
Brian C. Roche, Esq.
Pullman & Comley LLC i
850 Main Street J
P.O. Box 7006
Bridgeport, CT 06601-7006
r Magistrate Judge William I. Garfinkel ·
United States District Court »
District of Connecticut
915 Lafayette Boulevard ‘ J-
Bridgeport, CT 06604 l _
Eliot B. Gersten l
. _3_