Free Motion to Continue - District Court of Connecticut - Connecticut

I Case 3:OO—cv-OO7@FD Document 72 Filed 12/155003 Page 1 of4 {
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lSTRlCT COURT
UNITED STATES DISTRICT CSGRERTFURD, CTS! I
DISTRICT OF CONNECTICUT
TI-ICMAS SANDERS, ; i
Plaintiff, : DOCKET NO.
: 3:98CV01934(CFD) l
VS. : i
PHILIP LaFLEUR, GERALD HINES, E
MICHAEL GLOVER AND JOHN ;
ARMSTRONG, : ,
Defendants. : DECEMBER 17, 2003
I=>LAINTII=I=‘s MOTION FOR c0NTINuANcE OF JURY SELECTION AND TRIAL AND
REFERRAL TO MAGISTRATE JUDGE FOR TRIAL`
The plaintiff, THOMAS SANDERS, through his undersigned attorney, hereby I
mvces moves this Court to continue the jury selection now scheduled for January 9, i
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2004 and to refer this matter to a United States Magistrate Judge for trial.
In support of this Motion, plaintiff represents as follows:
1. This is a civil rights action brought against various current and former
Department of Correction officials.
2. The plaintiff has been incarcerated as a result of a Connecticut State {
Court conviction during the pendency of this action.
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3. Plaintiff’s counsel has been a sole practitioner since August, 1999.
(Counsel recently hired an associate to practice family law in the
Connecticut state court.)
4. Counsel for the plaintiff has been continuously on trial in the Connecticut
State Court since October 27, 2003. A
5. On October 27*, she commenced a civil trial in the matter of McKiernan
vs. Amento, Docket No. CV—01-04537188. That trial concluded with a jury
verdict on November 10, 2003. I
6. On November 12, 2003, counsel commenced a criminal matter entitled ,
State vs. Van lVlcKenzie—Adams, Docket No. CR02-4040, et als., in the
Connecticut State Court. !
7. Counsel for plaintiff Sanders has been on trial in the IVlcKenzie—Adams
matter since November 12, 2003. Evidence is currently being presented in l
that case. Counsel anticipates that case will not go to the jury until close l
to Christmas. V
8. Undersigned counsel for plaintiff Sanders also has a scheduled out-of-
state family vacation in California between December 25"‘ and January 5,
2004.
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9. Counsel for plaintiff Sanders also has a number of trials scheduled in
January, including the continuation of a trial at the Connecticut Medical }
Examining Board on January 16 and January 23, 2004; and a trial in a
State civil matter the week of January 26, 2004.
10. Given plaintiff's counsel’s trial schedule for the past two months and
scheduled family vacation, it would be virtually impossible for pIaintiff’s
counsel to properly prepare this case forjury selection and trial during the i
month of January, 2004. I
11. PIaintiff’s counsel is seeking a continuance until the February, 2004 Jury i
Selection Calendar. [
12. Alternatively, plaintiff’s counsel seeks a referral to a United States i
Magistrate Judge for trial.
13. All parties agreed to a trial before a Magistrate Judge when the Trial
Preparation Order was filed in September, 2003. ,
14. Counsel for the plaintiff has contacted counsel for the defendants’, f
Assistant Attorney General Terrence O’Neil and Attorney Stephen E
McEIeney, who both consent to the requested extension of time and E
referral to a Magistrate Judge. [
15. This is the first request for an extension of time of Jury Selection. l
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16. There is good cause for granting this motion.
THE PLAINTIFF, THOMAS SANDERS
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BY:
DIANE POLAN
Federal Bar No. ctO0223
129 Church Street, Suite 802
New Haven, CT 06510 _
Telephone: 203-865-5000
Facsimile: 203-865-2177
His Attorney
CERTIFICATION
This is to certify that a copy of the foregoing has been sent via first class mail,
postage prepaid, this day of December, 2003, to the following parties and i
counsel of record:
Terry O'NeiIl, Esquire
Assistant Attorney General
110 Sherman Street
Hartford, CT 06106
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Stephen lVlcEIeney, Esquire
363 I\/lain Street
Hartford, CT 06106
DIA POLAN y
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