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

_ ,’ Case 3:00-cv-OO3@AHN Document 52 Filed O2/@2004 Page 1 of 4
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UNITED STATES DISTRICT C%.HRiI,` u,\ l
DISTRICT OF CWETIE T
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WINTHROP HOUSE ASSOCIATION, INC., ) Case No.:
) 3-00-CV-328-AHN
)
PlaintifiQ )
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BROOKSIDE ELM ASSOCIATES LIMITED PARTNERSHIP, ) l
NESK CORPORATION, )
COMPETROL REAL ESTATE LIMITED, )
OLAYAN AMERICA CORPORATION, ) I
COLLINS ENTERPRISES, LLC, ) I
COLLINS PROPERTIES, LLC, ) L
PREISSfBREISMEISTER P.C., ) g
NEIL H. SMITH, ) I
EDMOND A. KAVOUNAS, ) l
ARTHUR COLLINS, II, ) E
FREDERICK A. PREISS, and ) l
COLLINS CLOSE, LLC, )
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Defendants. ) January 30, 2004
PLAINTIFF’S MOTION FOR EXTENSION OF TIME
ISSUE: Did the Declarant properly disclaim the
implied warranties an d/or express warranties?
The plaintiff in the above-entitled Action, Winthrop House Association, Inc. (the
“Association"), hereby files this Local Rule 9(b) Motion for Extension of Time with regard to filing i
its Local Rule 72.2(a) Objection to the 12/ I9/03 Opinion of the Hon. Holly B. Fitzsimmons, with 1
respect to the above—referenced matter, as follows:
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Plainti[Z{s Motion for Extension of Time Januagg 30, 2004 I

1. The Basis for this Motion. The undersigned received the 12/19/03 Opinion
on l/23/04 when my Secretary printed it from the Court’s website. I did not receive any notice that R
opinions from the Court were not going to be mailed to Counsel but instead had to be downloaded until (
opposing counsel informed me ofthe same late in the day on 1/22/04. (I was under the understanding i
that all documents from the Court would be mailed to Counsel, such as the Notice of the 2/ 12/O4
Pretrial Conference which I received via mail from the Court on 1/24/04.) Thus, this Motion is being
filed within ten days of 1/23/04. In addition, although Judge Nevas on 6/27/O1 had Ordered (copy
attached) that Magistrate Judge Fitzsimmons was to issue an "advisory opinion", however, without
notice to any Counsel, Magistrate Judge Fitzsimmons determined (12/ 1 9/O3 Opinion, p. 2) that her
opinion was to be adecision ofthe Court. Although the undersigned respectfully does not believe that
Magistrate Judge Fitzsimmons has the authority (without notice to Counsel and without a new Order
from Judge Nevas) to issue a decision, in contrast to an advisory opinion, nonetheless, if it is i
determined that the 12/ 1 9/03 Opinion is not an advisory opinion, but a decision of the Court, then, ‘
the Association respectfully requests the relief set forth in Paragraph 2 hereof
2. Relief Requested. The undersigned respectfully requests that the time
deadlines for tiling its Opposition Memorandum with respect to the 12/ 19/O3 Opinion, and its Local
Rule 56(a)(1) Statement of Material Facts (and underlying Affidavits and other evidentiary
materials), be set at the 2/ 12/04 Pretrial Conference that is scheduled with the Court.
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` ll ' ‘ Case 3:00-cv-OO3@AHN Document 52 Filed O2/@262004 Page 3 of 4
l Plaintiffs Motion for Extension o[ Time .4 Jnnuagg 30, 2004
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3. Local Rule 9(b){3) Statements. The undersigned has inquired of opposing
counsel, as follows: (i) per Attorney Dighello on 1/30/04, he has no position with regard to this
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Motion; and (ii) Attorney Milas is out of her Office until 2/2/04 and therefore was unable to express
her position. In addition, this is to confirm that no previous Motions for Extension of Time have
been requested by any party in connection with the 12/ 19/03 Opinion.
• DATED January 30, 2004 at Greenwich, Connecticut. p
PLAINTIFF
By: ( gd"
Philip H. Bartels
For: Holland, Kaufmann & Bartels, LLC
Its Attorneys
289 Greenwich Avenue
Greenwich, CT 06830
(203) 869-5600 — (FAX) 869-4648
Federal Bar No. ctl)6836
CERTIFICATION
THIS IS TO CERTIFY that a copy ofthe foregoing shall be mailed this day, postage prepaid, to all i
formal and informal Counsel of Record, and other relevant persons, on January 30, 2004:
Jane l. Milas, Esq. Richard M. Dighello, Jr., Esq. I
Garcia & Mills Updike, Kelly & Spellacy 1
44 Trumbull Street One State Street I
New Haven, CT 06510-100l` P.O. Box 231277
Hartford, CT 06123-1277
Thomas W. Witherington, Esq. Robert A. Rubin, Esq.
Cohn Birnbatmr & Shea, PC (The Parties’ Mediator)
100 Pearl Street Postner & Rubin i
Hartford, CT 06103-4500 17 Battery Place I
New York, NY 10004-1101 l
Philip H. Bartels
U:\PHB\CONDOS\WlNTHROP\Motion for Extension ot`Time.wpd
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i 'C — Case 3:00-cv-OOSEWHN Document 52 Filed O2/9252004 Page4of4
@§$\ UNITED STATES DISTRICT COURT
. . DISTRICT OF CONNECTICUT “"“" `'`' ° °’0“ G` `
WINTHROP HOUSE : @
V. ; Case No. 3:0Ocv 28(AI-IN)
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BROOKSIDE ELM ET AL : Ctigg
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REFERRAL TO MAGISTRATE JUDGE I
This case is referred to Magistrate Judge Holly B.
Fitzsimmons for the following purposes:
_ All purposes, including trial upon written consent by all
parties (orefcs.)
A ruling on all pretrial motions except dispositive motions
(orefmisc./dscv) l
0 To supervise discovery and resolve discovery disputes ;
(orefmisc./dscv) °
A ruling on the following motion which is currently
pending:(orefm.)
A settlement conference: (orefmisc./cnf)
A conference to discuss the following: (orefmisc./cnf) I
X Other: An advisory opinion on the following question: Did
the Declarant properly exclude the implied warranties and/or
express warranties? (orefmisc./misc)
SO ORDERED this 27th day of June, 2001 at Bridgeport,
Connecticut. g
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Alan H. Nevas n
United States District Judge