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

--·-
i _ __ Case 3:03-cv-00459-PCD Document 19 Filed O1/08/2OO46}
E
num l
UNITED STATES
DISTRICT OF CONN@CTI£UTp,.h_ y
H 5* in Q_} f Q"? " "
CROSSROADS COMMUNICATIONS OF OLD : I HVMW
SAYBROOK, LLC, :
Plaintiff, : CIVIL NO. 3:03CV459(PCD)
VS. Q
TOWER VENTURES, INC., Q JANUARY 8, 2004
Defendant. :
JOINT MOTION TO MODIFY SCHEDULING ORDER
Plaintiff Crossroads Communications of Old Saybrook, LLC
("Crossroads") and defendant Tower Ventures, Inc. ("TVI") hereby
move to modify the deadlines set forth in the parties' planning
meeting report dated April 30, 2003, and approved by the Court on i
May 8, 2003, and as modified by the Court's order of November 5, i
2003. In support thereof, they state as follows: `
l. On May 20, 2003, defendant served a Motion to Dismiss l
Counts Two, Three and Four of the pending complaint. The . ·
underlying dispute arises out of a contract that Crossroads and the 1
defendant entered into on or about September 20, 200l, relating to
the construction, operation and lease of a communications tower and i
related facilities. The motion was fully briefed as of July l0,
2003. 2
2. On December l9, 2003, the Court ruled on the pending E
motion. The Court granted defendant's motion in part, and denied I
it in part. I
E
l
l
I


`_____i 0 T'-- :‘"IA·-712-E?-T¥T"ir'" V`-- 'EEE-'¥’L"f_jj"f"";;`* ‘· ;_ i J- _ inf H H H H H




. .4 · Case 3:03-cv-OO4@PCD Document 19 Filed O1/($004 Page 2 of 3
3. The Court's ruling on the motion had significant U
potential to affect related issues in the case, and issues related
to case preparation, such as damages analysis and the scope of j
expert testimony, if any, that will be needed. i
4. Counsel conferred regularly regarding this issue during
the pendency of the motion, and agreed that it would be a potential
waste of their respective clients' resources to incur fees for
experts while issues such as the scope of recoverable damages and I
the need for expert testimony remained unresolved. Now that the Q
motion has been decided, the issues are clear and the parties may Q
better proceed with discovery and trial preparation. The parties E
respectfully request modification of the relevant deadlines as set Q
forth below. I
5. For the foregoing reasons, the parties jointly request i
modification of the scheduling order as follows: disclosure of I
plaintiff's experts by March 31, 2003; damages analysis to be &
provided by any party claiming damages by April l5, 2004; E
plaintiff's experts to be deposed by April 30, 2004; defense I
experts to be disclosed by April 30, 2004 and deposed by May 31,
2004; all discovery to be completed by May 3l, 2004; dispositive
motions to be filed in accord with the Court's supplemental order
by June 30, 2004.
6. The dates proposed above will not substantially affect the U
date by which this case will be trial ready, and will avoid the i
undue expenditure of resources by the litigants. The case was l
2 I
i


i
_ A J Case 3:03-cv-OO45S%PCD Document 19 Filed O1/08/2004 Page 3 of 3
Q O 7
\
l
l
filed in March 2003, and is less than a year old. Under the E
proposed schedule, the matter will still be trial-ready within {
approximately 15 months after filing. §
l
WHEREFORE, the parties request modification of the scheduling l
order as requested above.
THE PLAINTIFF Q
CROSSOADS COMMUNICATIONS OE OLD SAYBROOK, LLC ;
‘ 3)/ y
By __ [< __“___________m Date:_&é C)___
avid T. Grudb rg, 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) 772-169l
Email: [email protected] ‘
[email protected] 5
THE DEFENDANT `
TOWER VENTURES, INC. I
. Dateiréli I
Steven R. Humphre , ct06053
Elizabeth R. Leong, ct24453
Robinson & Cole, LLP
280 Trumbull St. I
Hartford, CT 06103-3597
Ph.: (860) 275-8200
Fax: (860) 275-8299
Email: [email protected]
[email protected]
I
J
3 l