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

Case 3:03-cv-00459-PCD

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Filed 04/21/2004

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

CIVIL NO. 3:03CV459(PCD)

APRIL 21, 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 May 28, 2004, and for the filing of dispositive motions to June 30, 2004. follows: 1. Under the Court's order dated January 14, 2004, discovery In support thereof, the parties state as

in this matter is currently scheduled to be completed by April 30, 2004, and dispositive motions filed by May 28, 2004 in accord with the Court's Supplemental Order. 2. The parties have already exchanged their required initial Plaintiff has provided a damages analysis in accord The parties have exchanged documents It is

disclosures.

with the Court's order.

requests, and are preparing to produce documents.

anticipated that document production will be complete within one week.

Case 3:03-cv-00459-PCD

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3.

Certain additional documents in the hands of a third This

party are necessary, however, before depositions may proceed.

dispute arises out of a contract under which approvals were sought for construction of a communications facility. The approval The lawyer

process is central to the parties' contract dispute.

who represented defendant in that process had agreed to produce copies of his file to both sides, upon receiving appropriate consent from the parties to this case. That consent was provided

approximately a month ago, but the documents still have not been received. They are vital to both parties' deposition preparation,

and depositions cannot proceed until they are received. 4. Counsel have been informed that the former lawyer

anticipates production of his files by the end of April, which would then clear the way for depositions to proceed. Undersigned

counsel expect that depositions, and any remaining discovery, can be completed during May. Though counsel have certain conflicting

obligations, they will set aside time to ensure that they are completed. 5. For these reasons, the parties respectfully request that

the deadline for completion of all discovery be modified to May 28, 2004; and the deadline for the filing of dispositive motions be modified to June 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

were sought while a Motion to Dismiss was pending before the Court,

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Case 3:03-cv-00459-PCD

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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. 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 Elizabeth R. Leong, ct24453 Robinson & Cole, LLP 280 Trumbull St. Hartford, CT 06103-3597 Ph.: (860) 275-8200 Fax: (860) 275-8299 Email: [email protected] [email protected] Date:_________

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