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

Case 3:00-cv-00097-EBB

Document 92

Filed 05/12/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SOUTH LYME PROPERTY OWNERS : ASSOCIATION, INC., CHARLES AND : VICTORIA PARSONS AND JOAN BYER : : v. : : TOWN OF OLD LYME, TOWN OF OLD : LYME ZONING COMMISSION, ERIC : FRIES, GEORGE JAMES, JANE : MARSH, THOMAS RISOM, WALTER : SEIFERT, SHARON COLVIN AND : MARILYN OZOLS :

NO.: 300CV97 (EBB)

MAY 8, 2006

MOTION TO MODIFY THE SCHEDULING ORDER The defendants, TOWN OF OLD LYME, TOWN OF OLD LYME ZONING COMMISSION, ERIC FRIES, GEORGE JAMES, JANE MARSH, THOMAS RISOM, WALTER SEIFERT, SHARON COLVIN AND MARILYN OZOLS, hereby move to modify the scheduling order following what is likely, but sadly, been an unproductive year of settlement talks. While the parties were very close, a fundamental misunderstanding about one element of the settlement process did not result in an agreement despite the good faith efforts of the defendants. Magistrate Judge Margolis was intimately involved in these issues and fully understands the good faith efforts of the defendants. Based on the plaintiffs' desire for a trial, some items need to be addressed prior to a trial date. Accordingly, the defendants propose that the parties address some remaining discovery issues by November 1, 2006.

ORAL ARGUMENT IS NOT REQUESTED

Case 3:00-cv-00097-EBB

Document 92

Filed 05/12/2006

Page 2 of 3

That the defendants are permitted to file a dispositive motion by December 1, 2006 and that if a dispositive motion is not filed by such date the joint trial memorandum will be filed by January 1, 2007 or thirty days after any decision on the dispositive motion and that this case be trial ready after January 1, 2007. Pursuant to Local Rule 9(b)(2), the undersigned has contacted counsel for the plaintiffs, Attorney Kenneth R. Slater, and has been advised that the plaintiffs object to the granting of this motion. WHEREFORE, the defendants, TOWN OF OLD LYME, TOWN OF OLD LYME ZONING COMMISSION, ERIC FRIES, GEORGE JAMES, JANE MARSH, THOMAS RISOM, WALTER SEIFERT, SHARON COLVIN AND MARILYN OZOLS, respectfully request that their motion be granted, and that the case management deadlines be modified in accordance with the dates set forth herein. DEFENDANTS, TOWN OF OLD LYME, TOWN OF OLD LYME ZONING COMMISSION, ERIC FRIES, GEORGE JAMES, JANE MARSH, THOMAS RISOM, WALTER SEIFERT, SHARON COLVIN AND MARILYN OZOLS

By/s/John J. Radshaw_ John J. Radshaw, III, ct19882 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax) e-mail: [email protected]

2

Case 3:00-cv-00097-EBB

Document 92

Filed 05/12/2006

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 8th day of May, 2006.

Kenneth R. Slater, Jr., Esquire Laurie R. Steinberg, Esquire Halloran & Sage One Goodwin Square 225 Asylum Street Hartford, CT 06103-4303 Eric Knapp, Esquire Branse, Willis & Knapp, LLC 41-C New London Tpke. Glastonbury, CT 06033-2038

/s/John J. Radshaw John J. Radshaw, III

3