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

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Case 3:03-cv-00943-AWT Document 186 Filed 07/01/2008 Page 1 of 4
UNITED STATES DISTRICT COURT a
DISTRICT OF CONNECTICUT
GARY SESSION, CIVIL ACTION NO.
Plaintiff 3:03-CV- 00943 (AWT)
V.
EDWIN RODRIGUEZ, ET AL. JUNE 25, 2008
Defendants
MOTION FOR ENLARGEMENT OF TIME
TO COMPLETE DISCOVERY
Pursuant to Fed. R. Civ. P. 6(b) and Local Rule 7 (b)(2) the plaintiff by the undersigned
respectfully move for an additional thirty (30) day enlargement of time up to and including July
26, 2008 within which to complete discovery in this matter. The defendant through counsel does
not consent to the granting of this Motion.
In support thereof, the plaintiff represents as follows:
1. Discovery is currently scheduled to close on June 26, 2008.
2. On or about February 8, 2008, the defendant filed a Motion for Protective Order
conceming his Internal Affairs file from the New Haven Police Department. The plaintiff
subsequently moved to compel production of those records.
3. A hearing was held on those motions before Magistrate Martinez, and Magistrate
Martinez order that Internal Affairs documents that are the subject of plaintiffs Discovery
Request be produced.
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Case 3:03-cv-00943-AWT Document 186 Filed 07/01/2008 Page 2 of 4
4. On this date undersi gn counsel spoke with counsel for defendant Rodriguez,
Thomas E. Katon, Esq., and he informed the plaintiff that once Magistrate Martinez signs the
order for the release of the outstanding Production, which consists of Internal Affairs documents,
he will immediately produce said documents.
5. At this time, it is necessary for the plaintiff to take only two more depositions,
those of defendant Edwin Rodriguez and Police Officer Delesus. Plaintiff cannot take the
deposition of Mr. Rodriguez until the defendant complies with the production requests that is
outstanding. It is absolutely imperative that the plaintiff takes the two foregoing depositions in
order to prepare for trial. In the event that the plaintiff cannot take said depositions after the
production of the Internal Affairs documents, then the plaintiff will be unduly-prejudice and
unable to effectively present his case at trial.
6. In the event this Motion for Enlargement is granted, plaintiff further seeks an
enlargement of thirty (30) days for the filing of dispositive motions from the new discovery
closure date.
7. As stated above, the defendant through counsel does not consent to the granting of
this Motion.
8. In the event that discovery is completed prior to July 26, 2008, the parties will
report that fact to the Court in order to hasten the completion of the remaining pretrial matters.
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Case 3:03-cv-00943-AWT Document 186 Filed 07/01/2008 Page 3 of 4
9. Undersi gn counsel is plaintiffs new attorney and has filed his appearance along
with the instant motion. Counsel for the plaintiff requires additional time to take the depositions
at issue.
VVherefore, based upon the foregoing, the plaintiff moves for an additional thirty (30)
day extension of time to complete discovery up to and including July 26, 2008.
THE PLAINTIFF
GARY SESSION
John A. Pinheiro, Esq.
167 Cherry Street, PMB 314
Milford, Connecticut 06460
(203) 874-4477
Fax: (203) 882-0354
Cell: (203) 209-2449
Email: [email protected]
Fed. Bar. No. CT02977
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Case 3:03-cv-00943-AWT Document 186 Filed 07/01/2008 Page 4 of 4
CERTIFICATION
I hereby certify that on June 25, 2008 a copy of the foregoing was filed electronically
and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent
by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone
unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may
access this filing through the Court’s CM/ECF System.
Mailed first class, postage prepaid, to:
Thomas E. Katon, Esq.
Susman, Duffy & Segalofi P.C.
55 Whitney Avenue
P.O. Box 1684
New Haven, Connecticut 06507
John A. Pinheiro, Esq. ;
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