Free Response - District Court of Connecticut - Connecticut

1 l Case 3:03-cv-00619-SRU Document 22 Filed 11/12/2003 Paget of 4
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1 1 UNITED STATES DISTRICT COURT US I1111-`11v,2r§_1`-‘ii)?i ‘
I 1 DISTRICT OF CONNECTICUT Al
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1 OVERNITE TRANSPORTATION z CIVIL ACTION NO.
1 COMPANY : 3:03 CV 0619 (SRU) 1
1 1 Plaintiff, ; I
I v. Z 1
covizn IT, iNc. {
1 Defendant. : NOVEMBER 10, 2003
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PLA|NTIFF’S, OVERNITE TRANSPORTATION COMPANY, OBJECTION TO
1 DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND
1 The Plaintiff, Overnite Transportation Company ("OTC"), hereby objects to 1
1 Defendants Motion to Extend Time to Respond to Post Judgment interrogatories. I
Defendant’s Motion should be denied for several reasons. First and foremost, a 1
1 I
1 default judgment has already been entered by the Court against this Defendant.
Accordingly the Defendant’s Motion to Extend Time to Respond is procedurally
improper and should be denied on this ground alone.
Second, Defendants Motion to Extend Time to Respond should be denied as 1
untimely. Plaintiff obtained its Judgment against the Defendant on September 23, 2003. 1
OTC served Post Judgment interrogatories upon the Defendant on October 2, 2003.
Defendant's responses were due on or before November 3, 2003. However, Defendant
failed to request an extension of time until November 5, 2003 —- one day after the ;
Plaintiff served Defendant's potential alter ego company, North American Outdoor
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;"‘1‘I““I'gtS°'“1“"° HALLORAN imma (860) $22-6103 I
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Hartt`o1·d, CT 06l03 & §u1.1S(i;§)OQ)2;i%gO 6 1

N . . Case 3:03-cv-OO619 l l
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N Products, LLC ("NAOP"), with a Subpoena as a result of NAOP’s failure to respond to
N Post Judgment interrogatories. N
Lastly, Defendant’s Motion to Extend Time to Respond appears to be nothing N
more than an attempt to delay Piaintiff’s efforts to identify assets and execute upon its
Judgment. Indeed, based upon information and belief, Cover It, Inc. and NAOP are N
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engaged in similar, if not identical, business operations at the same address and may N
be one and ofthe same company. The Plaintiff also believes that the Defendant has, or .
is about to, transfer or encumber assets and/or real property that would otherwise be N
available to satisfy the Judgment. The Plaintiff intends to move forward with depositions
of the Defendant’s officers and employees and the officers and employees of NAOP to N
explore the possibility that improper conveyances or transfers may have occurred and
to explore whether the Defendant’s corporate veil can be pierced to satisfy the N
Judgment against the Defendant. An extension of time of an additional thirty days to
respond to Post Judgment interrogatories would severely prejudice and impede the N
Plaintiffs ability to quickly investigate, locate and execute upon assets or real property N
owned by the Defendant or its potential alter egos. N
For the foregoing reasons, the Plaintiff respectfully requests the Court to deny N
Defendant’s Motion to Extend Time to Respond.
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T t Case 3:03-cv-OO619;S·RU Document 22 Filed 11/12€2503 Page 3 of 4
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\ THE PLAINTIFF, T
OVERNITE TRANSPORTATION A
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By 5 T
Peter E. Strniste, Jr. (#ct20 ) A
HALLORAN & SAGE LLP
Its Attorneys 2
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Hartfmyd. CT06¤03 & SAGE LLP Eut-1s(1:r$¤cP26105
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I . . Case 3:03-cv-006197SBU Document 22 Filed 11/12I2QO3 Page 4 of 4
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I CERTIFICATION
“ This is to certify that on November 10, 2003, a copy of the foregoing was either I
I mailed, postage prepaid, sent via Federal Express overnight mail or hand—de|lvered to:
I William A. Butler, Esq.
Gorman, Enright, Butler & Libertl, P.C. I
291 South Lambert Road
Orange, CT 06477 f 2,. I
Peter E. Stmiste, Jr. I
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One Goodwin Squurc Phone {S60) 522-6103
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