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

Case 3:03-cv-00383-WIG

Document 304

Filed 03/03/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WASLEY PRODUCTS, INC., PRECISION MASTER CIVIL ACTION NO. 3:03 CV 0383 MOLDING CO., Individually and on behalf of (MRK) (WIG) Wasley Products UAW Local 376 Retirement Plan, Precision Molding 401(k) Plan and Wasley Products 401(k) Plan, Plaintiffs, vs. BARRY LEONARD BULAKITES, et al., Defendants. MARCH 3, 2006 THIS PLEADING PERTAINS TO CIVIL NO. 3:03 CV 0383 (MRK) (WIG)

DEFENDANT NATIONWIDE LIFE INSURANCE COMPANY OF AMERICA'S F/K/A PROVIDENT MUTUAL LIFE INSURANCE COMPANY CONSENTED MOTION FOR EXTENSION OF TIME TO ANSWER AND/OR OTHERWISE PLEAD TO AMENDED PLAINTIFFS' AMENDED COMPLAINT

Defendant Nationwide Life Insurance Company of America f/k/a Provident Mutual Life Insurance Co. ("Nationwide"), hereby requests an extension of time to answer and/or otherwise plead in the above-captioned matter until fourteen (14) days after this Court has determined its efforts to resolve this matter without further litigation should not continue. In support of this motion, Nationwide states the following: 1. On September 29, 2005 the Plaintiffs Wasley Products, Inc. and Precision

Molding Company, Individually and on behalf of Wasley Products UAW Local 376 Retirement Plan, Precision Molding 401(k) Plan and Wasley Products 401(k) Plan (the "Plaintiffs") filed a Motion to For Permission to Join Additional Parties and Amend

CTDOCS/1654613.1

Case 3:03-cv-00383-WIG

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Complaint in the above-captioned matter (the "Motion to Amend") (the "Amended Complaint"). 2. 2006. 3. Through the Amended Complaint the Plaintiffs assert various new theories This Court, Garfinkel, J., granted the Motion to Amend on January 19,

of liability against Nationwide. 4. Nationwide moved for an extension of time on January 25, 2006 to

respond to the Amended Complaint. Absent this current requested extension, a response is due from Nationwide on March 4, 2006. 5. Since February 7, 2006, this Court, Garfinkel, J., has expressed to the

parties an intention to pursue a negotiated resolution of the consolidated Wasley matters. 6. Undersigned Counsel for Nationwide conferred with counsel for the

Plaintiffs, Joseph Meaney, and he consents to an extension of time so as to give the Court's suggested course of settlement discussion an opportunity to come to fruition. WHEREFORE, Nationwide respectfully requests that its motion for extension of time to answer and/or otherwise plead until fourteen (14) days after this Court determines that further discussions, designed to achieve a negotiated resolution of this matter are not warranted, be granted.

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THE DEFENDANT, NATIONWIDE LIFE INSURANCE COMPANY OF AMERICA f/k/a PROVIDENT MUTUAL LIFE INSURANCE CO. ___________________________ Deborah S. Freeman [ct 05257] Sara R. Simeonidis [ct 25566] BINGHAM MCCUTCHEN LLP One State Street Hartford, CT 06103-3178 Phone (860) 240-2700 Fax (860) 240-2800 [email protected] [email protected] Its Attorneys

CTDOCS/1654613.1

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CERTIFICATION This is to certify that a copy of the foregoing Motion for Extension of Time has been served this 3rd day of March, 2006, via operation of the court's electronic notification system, to all counsel and pro se parties of record in these consolidated actions as follows: Theodore J. Tucci, Esq. Jean E. Tomasco, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 Thomas G. Moukawsher, Esq. Ian O. Smith, Esq. Moukawsher & Walsh 21 Oak Street, Suite 209 Hartford, CT 06106 Joseph V. Meaney, Jr. Cranmore, Fitzgerald & Meaney 49 Wethersfield Avenue Hartford, CT 06114-1102 Steven J. Errante, Esq. Eric P. Smith, Esq. Nancy Fitzpatrick Myers, Esq. Marisa A. Bellair, Esq. Lynch, Traub, Keefe & Errante, P.C. 52 Trumbull Street P.O. Box 1612 New Haven, CT 06506-1612 James J. Reardon, Jr., Esq. Thomas G. Rhoback, Esq. Doug Dubitsky, Esq. LeBouef, Lamb, Greene & MacRae 225 Asylum Street Hartford, CT 06103 ____________________________ Sara R. Simeonidis

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