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

Case 3:03-cv-00471-DJS

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Filed 12/05/2003

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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. : DECEMBER 5, 2003 : : CIVIL NO. 3:03CV00471(DJS)

UNOPPOSED MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY Defendant Postmaster General respectfully requests an initial extension of forty-four (44) days, up to and including January 30, 2004, to complete discovery. The defendant also

requests a corresponding extension of time to March 13, 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. At present, discovery ends December 17, 2003

and dispositive motions are due January 16, 2004.

ORAL ARGUMENT IS NOT REQUESTED

Case 3:03-cv-00471-DJS

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3.

The defendant has already filed a motion for judgment

on the pleadings that is directed to the entirety of the Complaint. 4. I work a 3/5 part-time schedule. Due to expert

discovery and motion practice in other cases, I am not available to depose the plaintiff by the discovery cutoff. 5. On November 26, 2003, Plaintiff, who is proceeding pro

se, filed a Form 26(f) which requested a discovery cutoff of January 8, 2004. Plaintiff's Form 26(f), ¶ V.F.2. Thus, it

appears that Plaintiff does not have a problem with continuing discovery past the current cutoff. 6. In a different filing, also dated November 26, 2003,

Plaintiff identified two persons who he intends to call as expert witnesses, although no area of expertise is identified and no report was produced. the end of discovery. These disclosures come three weeks before Defendant requires additional time to find

out who these witnesses are, determine whether they are experts within the meaning of the Federal Rules, and conduct appropriate discovery. 7. Finally, Defendant's counsel is hoping to provide the

law intern in the U.S. Attorney's Office, Kevin Ahern, the opportunity to conduct Plaintiff's deposition, but Mr. Ahern is not available in December due to law school exams. 8. For the foregoing reasons, additional time is needed to

complete discovery.

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Case 3:03-cv-00471-DJS

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Filed 12/05/2003

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9. deadline. 10.

This is the first motion for extension of the discovery

I exchanged messages with the plaintiff and he does not

object to this request. WHEREFORE Defendant Postmaster General respectfully requests an initial extension of forty-four (44) days, up to and including January 30, 2004, to complete discovery. The defendant also

requests a corresponding extension of time to March 13, 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 CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been mailed, postage prepaid, via first-class mail, this 5th day of December, 2003, to: Isaac L. Smith 40 Sycaway Street West Haven, Connecticut

06516

________________________________ CAROLYN A. IKARI ASSISTANT UNITED STATES ATTORNEY -3-