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

Case 3:03-cv-00383-WIG

Document 296

Filed 01/25/2006

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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. JANUARY 25, 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' SECOND AMENDED COMPLAINT

Defendant Nationwide Life Insurance Company of America f/k/a Provident Mutual Life Insurance Co. ("Nationwide"), hereby respectfully requests an extension of time up through and including March 4, 2006, to answer and/or otherwise plead in the above-captioned matter. 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 Complaint in the above-captioned matter (the "Motion to Amend") (the "Amended Complaint").

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Case 3:03-cv-00383-WIG

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2. 2006. 3.

This Court, Garfinkel, J., granted the Motion to Amend on January 19,

Through the Amended Complaint the Plaintiffs assert various new theories

of liability against Nationwide. 4. Counsel requires additional time to obtain any underlying materials,

review the complaint and consult with out-of-state Nationwide counsel to appropriately respond to the Amended Complaint. 5. No prior request for an extension of time of any kind has been made by

Nationwide with respect to the Amended Complaint.1 6. Undersigned Counsel for Nationwide conferred with counsel for the

Plaintiffs, Joseph Meaney, and he consents to an extension of time up to and including March 4, 2006. WHEREFORE, Nationwide respectfully requests that its motion for extension of time to answer and/or otherwise plead be granted.

1 Nationwide previously requested an extension of time to respond to the Amended Complaint which was denied as moot by this Court, Garfinkel, J., on October 24, 2005 because the Court had not yet ruled upon the Plaintiffs' Motion to Amend.

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THE DEFENDANT, NATIONWIDE LIFE INSURANCE COMPANY OF AMERICA f/k/a PROVIDENT MUTUAL LIFE INSURANCE CO. /s/ Sara R. Simeonidis 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

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CERTIFICATION This is to certify that a copy of the foregoing Motion for Extension of Time has been served this 25th day of January, 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 /s/ Sara R. Simeonidis Sara R. Simeonidis

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