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

Case 3:03-cv-00383-WIG

Document 300

Filed 02/07/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT --------------------------------- x : WASLEY PRODUCTS, INC., ET AL., : : Plaintiff, : : v. : : BARRY BULAKITES, ET AL., : : Defendant. : : : --------------------------------- x

MASTER CONSOLIDATED CASE CIVIL NO. 3:03 CV 383 (MRK) THIS PERTAINS TO: 3:03 CV 383 (MRK)

February 7, 2006

LINCOLN NATIONAL LIFE INSURANCE COMPANY'S CONSENTED MOTION FOR AN EXTENSION OF TIME TO ANSWER AND/OR OTHERWISE PLEAD TO AMENDED PLAINTIFFS' SECOND AMENDED COMPLAINT Defendant Lincoln National Life Insurance Company ("Lincoln National"), hereby respectfully requests an extension of time of two weeks up through and including March 2, 2006, to answer and/or otherwise plead in the above captioned-matter. In support of this Motion, Lincoln National 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 for Permission to Join Additional Parties and Amend Complaint in the above-captioned matter (the "Motion to Amend") (the "Amended Complaint"). 2. 3. This Court, Garfinkel, J. granted the Motion to Amend on January 19, 2006. Plaintiffs filed the Amended Complaint on February 1, 2006. Absent

extension, a response is due February 15, 2006.

Case 3:03-cv-00383-WIG

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4.

Through the Amended Complaint the Plaintiffs assert various new theories of

liability against Lincoln National. 5. Counsel requires additional time to obtain any underlying materials, review

the complaint and consult with out-of-state Lincoln National counsel to appropriately respond to the Amended Complaint. 6. No prior request for an extension of time of any kind has been made by

Lincoln National with respect to the Amended Complaint. The Court, has already granted an identical extension for Defendant Nationwide. 7. Undersigned Counsel for Lincoln National conferred with counsel for the

Plaintiffs, Joseph Meaney, and he consents to a two week extension of time up to and including March 2, 2006. WHEREFORE, Lincoln National respectfully request that its motion for extension of time to answer and/or otherwise plead be granted.

Dated: February 7, 2006

LeBOEUF, LAMB, GREENE & MacRAE LLP

By:

s/ James J. Reardon Thomas G. Rohback James J. Reardon, Jr. Doug Dubitsky LEBOEUF, LAMB, GREENE & MacRAE LLP 225 Asylum Street Hartford, CT 06103 (860) 293-3500 (860) 293-3730 (fax) Counsel for Defendant Lincoln National Life Insurance Company

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Case 3:03-cv-00383-WIG

Document 300

Filed 02/07/2006

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CERTIFICATE OF SERVICE I hereby certify that on February 7, 2006, a copy of the foregoing Consented Motion for Extension of Time to Answer and/or Otherwise Plead to Amended Plaintiffs' Second Amended Complaint was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System.

By:

s/ James J. Reardon James J. Reardon, Jr. (Fed. Bar No. CT13802) LEBOEUF, LAMB, GREENE & MacRAE LLP 225 Asylum Street Hartford, CT 06103 (860) 293-3500 (860) 293-3730 (fax) Counsel for Defendant Lincoln National Life Insurance Company

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