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

Case 3:03-cv-00459-PCD

Document 25

Filed 05/24/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CROSSROADS COMMUNICATIONS OF OLD SAYBROOK, LLC, Plaintiff, VS. TOWER VENTURES, INC., Defendant. : : : : : : : : :

CIVIL NO. 3:03CV459(PCD)

MAY 24, 2004

JOINT MOTION TO MODIFY SCHEDULING ORDER Plaintiff Crossroads Communications of Old Saybrook, LLC ("Crossroads") and defendant Tower Ventures, Inc. ("TVI") hereby move to extend the deadline for completion of discovery in this matter to June 30, 2004, and for the filing of dispositive motions to July 30, 2004. follows: 1. Under the Court's order dated April 30, 2004, discovery In support thereof, the parties state as

in this matter is currently scheduled to be completed by May 28, 2004, and dispositive motions filed by June 30, 2004 in accord with the Court's Supplemental Order. 2. The parties have completed documentary discovery. They

have exchanged their required initial disclosures.

Plaintiff has The They

provided a damages analysis in accord with the Court's order. parties have exchanged in excess of 1000 pages of documents.

have also obtained a substantial volume of critical documents from a third party -- an attorney who worked with both plaintiff and

Case 3:03-cv-00459-PCD

Document 25

Filed 05/24/2004

Page 2 of 3

defendant on the transaction that gives rise to this litigation. The release of those documents was delayed by attorney-client privilege issues, but was recently completed. The documents are

vital to both parties' deposition preparation, and depositions could not proceed until they were received. 4. After all documents were exchanged, a tentative schedule Unfortunately, the lawyer

was set for the taking of depositions.

for defendant was to have taken the lead role in the depositions, Elizabeth Leong, Esq., has recently become unavailable because of significant obligations in another matter. That conflict has

caused primary defense counsel to assign a new attorney to assist him in the case. However, the staffing change has made the Counsel have

previously-discussed deposition schedule impossible.

conferred about a new schedule, to begin with the plaintiff's deposition on June 3rd, and to continue with several other depositions on other mutually-available dates through the month of June. Although re-arranging the schedule will be difficult,

counsel believe the depositions can be completed by the end of that month. 5. For these reasons, the parties respectfully request that

the deadline for completion of all discovery be modified to June 30, 2004; and the deadline for the filing of dispositive motions be modified to July 30, 2004. These proposed modifications will not

substantially affect the date by which the matter will be trialready. This case is just over one year old. Prior modifications

2

Case 3:03-cv-00459-PCD

Document 25

Filed 05/24/2004

Page 3 of 3

were sought while a Motion to Dismiss was pending before the Court, as the parties were uncertain as to what counts would survive the motion, and thus as to what the scope of necessary discovery would be. Another short modification was sought last month, before the

staffing issue outlined above arose. WHEREFORE, the parties request modification of the scheduling order as requested above. THE PLAINTIFF CROSSOADS COMMUNICATIONS OF OLD SAYBROOK, LLC By_______________________________ Date:_________ David T. Grudberg, ct01186 David L. Belt, ct04274 JACOBS, GRUDBERG, BELT & DOW, P.C. 350 Orange St. P.O. Box 606 New Haven, CT 06503 Ph.:(203) 772-3100 Fax:(203) 772-1691 Email: [email protected] [email protected] THE DEFENDANT TOWER VENTURES, INC. By_____________________________ Steven R. Humphrey, ct06053 Robinson & Cole, LLP 280 Trumbull St. Hartford, CT 06103-3597 Ph.: (860) 275-8200 Fax: (860) 275-8299 Email: [email protected] Date:_________

3