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

_ , Case 3:03-cv-OO4%PCD Document 16 Filed 10/$003 Page 1 of 3 §
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F I L E D '
UNITED STATES DISTRICT COU%§¥3‘ E MUFH¤U3
DISTRICT OF CONNECTICUT us i`}?5Z·E*i?C"? ·;;ms1u
HEÂ¥:HAVfH.CONN
CROSSROADS COMMUNICATIONS OF OLD :
SAYBROOK, LLC, :
Plaintiff, : CIVIL NO. 3:03CV459(PCD)
VS. ; i
TOWER VENTURES, INC., ; OCTOBER 31, 2003
Defendant. :
JOINT MOTION TO MODIFY SCHEDULING ORDER E
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 a
May 8, 2003, and as modified by the Court's order of September 18,
2003. In support thereof, they state as follows:
1. On May 20, 2003, defendant served a Motion to Dismiss
Counts Two, Three and Four of the pending complaint. The
underlying dispute arises out of a contract that Crossroads and the
defendant entered into on or about September 20, 2001, relating to
the construction, operation and lease of a communications tower and
related facilities. The motion was fully briefed as of July 10,
2003 and is pending before the Court. i
2. The Court's ruling on the motion may affect related \
issues in the case, and issues related to case preparation, such as I
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· ` Case 3:03-cv-OO4?j°CD Document 16 Filed 10/I5€OO3 Page 2 of 3
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damages analysis and the scope of expert testimony, if any, that _
will be needed. I
3. The current scheduling order approved by the Court calls |
for plaintiff and defense experts to be disclosed by, respectively,
October 3lst and November 30th, and for a damages analysis to be
provided by November l5th. `
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4. Counsel have conferred regarding this issue, and agree
that it would be a potential waste of their respective clients‘ I
resources to incur fees for experts at this stage of the
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proceedings. Therefore, the parties respectfully request
modification of the deadlines as set forth below.
5. Plaintiff had submitted an offer of judgment on July l7, i
2003, preferred not to incur expenses until it was apparent whether
the offer would be accepted. The 60-day window for acceptance
terminated on September l7th.
6. For the foregoing reasons, the parties jointly request
modification of the scheduling order as follows: disclosure of
plaintiff‘s experts by December 3l, 2003; damages analysis to be
provided by any party claiming damages by January 15, 2004;
plaintiff‘s experts to be deposed by January 3l, 2004; defense
experts to be disclosed by January 31, 2004 and deposed by February
28, 2004; all discovery to be completed by February 28, 2004;
dispositive motions to be filed in accord with the Court's I
supplemental order by March 3l, 2004. i
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~ ‘ " Cage 3303-cv-OO4?3PCD Document 16 Filed `IO/@6003 Page 3 of 3
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7. The dates proposed above will not materially affect the
date by which this case will be trial ready, and will hopefully
avoid the undue expenditure of resources by the litigants. The '
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case was filed in March 2003, and is less than a year old. Under
the proposed schedule, the matter will still be trial—ready within
a year after filing. E
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WHEREFORE, the parties request modification of the scheduling E
order as requested above. I
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THE PLAINTIFF E
CROSSOADS COMMUNICATIONS OF OLD SAYBROOK, LLC
`
By_ _ (I _ Date:__
David T. Gru berg, 01186
David L. Belt, ct0 274
JACOBS, GRUDBERG, BELT & DOW, P.C.
350 Orange St. 1
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. y
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BY mi I
Steven R. Humphrey, ct y
Elizabeth R. Leong, ct24453 )
Robinson & Cole, LLP E
280 Trumbull St.
Hartford, CT 06103-3597
Ph.: (860) 275-8200
Fax: (860) 275-8299
Email: [email protected]
[email protected]

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