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

Case 3:03-cv-00471-DJS

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ISAAC L. SMITH, Plaintiff, v. : JOHN E. POTTER, POSTMASTER GENERAL OF THE UNITED STATES, : Defendant. : JANUARY 29, 2004 : : CIVIL NO. 3:03CV00471(DJS)

MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY Defendant Postmaster General respectfully requests an extension of forty-four (44) days, up to and including March 15, 2003, to complete discovery. The defendant also requests a

corresponding extension of time to April 26, 2004, to file a dispositive motion. In support of this motion, the defendant

represents as follows: 1. This is a Title VII action arising from alleged racial

discrimination when the plaintiff was terminated from his probationary employment with the United States Postal Service. 2. After attempts to confer with the plaintiff pro se were

unsuccessful, Defendant unilaterally filed a 26(f) report on June 27, 2003, and the original scheduling order was issued by the Court thereafter. Defendant then requested an extension of At

discovery through January 30, 2004, which the court granted.

present, discovery ends January 30, 2004 and dispositive motions ORAL ARGUMENT IS NOT REQUESTED

Case 3:03-cv-00471-DJS

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are due March 13, 2004. 3. The defendant has already filed a motion for judgment

on the pleadings that is directed to the entirety of the Complaint. 4. Attempts to depose the Plaintiff pro se have been Defendant noticed Plaintiff's deposition for On January 8, 2004 Plaintiff gave written

unsuccessful.

January 12, 2004.

notice to Defendant that Plaintiff had a family emergency and would be out of Connecticut for several weeks. Plaintiff

informed Defendant in his notice that he would contact Defendant after February 13, 2004, two weeks after the close of discovery, to reschedule the deposition. See Plaintiff's Response To Due to

Defendant's Notice of Deposition, copy attached.1

Defendant's extended absence, we are unable to schedule a deposition by the discovery cutoff. 5. For the foregoing reasons, additional time is needed to

complete discovery. 6. This is the second motion for extension of the

discovery deadline. WHEREFORE Defendant Postmaster General respectfully requests an extension of forty-four (45) days, up to and including March 15 2004, to complete discovery. The defendant also requests a

Defendant mistakenly thought Plaintiff had filed this response with the Clerk. Although Defendant's service copy of the response bears the Clerk's "FILED" stamp dated January 8, 2004, no entry appears on PACER. -2-

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Case 3:03-cv-00471-DJS

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corresponding extension of time to April 26, 2004, to file a dispositive motion. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

CAROLYN A. IKARI ASSISTANT U.S. ATTORNEY 450 Main Street, Room 328 Hartford, Connecticut 06103 (860) 947-1101 Fed. Bar No. ct13437 KEVIN AHERN LAW STUDENT INTERN 450 Main Street, Room 328 Hartford, Connecticut 06103 (860) 947-1101

CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid, via first-class mail, this 29th day of January, 2004, to: Isaac L. Smith 40 Sycaway Street West Haven, Connecticut

06516

________________________________ CAROLYN A. IKARI ASSISTANT UNITED STATES ATTORNEY

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