Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00350-MRK

Document 37

Filed 11/26/2003

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ADAP, INC. D/B/A AUTOZONE Plaintiff, VS. RITZ REALTY CORP. AND AVALONBAY COMMUNITIES, INC. Defendants. : CIVIL ACTION NO. 303CV350 (MRK) : : : : : : : : NOVEMBER 25, 2003

OBJECTION OF DEFENDANT AVALONBAY COMMUNITIES, INC. TO PLAINTIFF'S FOURTH MOTION FOR EXTENSION OF TIME Defendant AvalonBay Communities, Inc. ("AvalonBay") respectfully objects, in part, to plaintiff's motion for an extension of time within which to complete discovery dated November 7, 2003, and suggests a modified extension of the discovery period. In its motion, plaintiff has requested an extension of time until February 2, 2004 within which to complete fact discovery and an extension of time until March 1, 2004 to disclose experts and submit any damage analysis. If plaintiff's motion were granted, it would be necessary to extend to April 1, 2004 the deadline to depose plaintiff's experts and to May 1, 2004 the deadline for disclosure of defendants' experts. AvalonBay does not object to an extension of time until December 31, 2003 for the completion of all discovery. In addition, AvalonBay respectfully requests that resolution of plaintiff's motion be deferred until the December 1, 2003 telephonic status conference scheduled with Judge Kravitz. The parties are actively engaged in exploring a potential

41459787_1.DOC 091122-03550 November 25, 2003 3:15 PM

Case 3:03-cv-00350-MRK

Document 37

Filed 11/26/2003

Page 2 of 2

resolution of this action and will be able to address the timing and status of those efforts during the conference. DEFENDANT, AVALONBAY COMMUNITIES INC.

By __________________________________ Joseph L. Hammer, Esq. (ct00446) Robin S. Schwartz, Esq. (ct24891) Day, Berry & Howard, LLP CityPlace I Hartford, CT 06103-3499 Tel. (860) 275-0100 Fax (860) 275-0343 Their Attorneys

CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing was sent this 25th day of November, 2003, via first class mail, postage prepaid to: Bruce L. Elstein, Esq. Elstein & Elstein 1087 Broad Street Bridgeport, CT 06604-4294 Phone: (203) 367-4421 Fax: (203) 366-8615 Andrew L. Houlding, Esq. Rome McGuigan Sabanosh, P.C. One State Street Hartford, CT 06103-3101 Phone: (860) 493-3468 Fax: (860) 724-3921 ____________________________________ Joseph L. Hammer

41459787_1.DOC 091122-03550 November 25, 2003 3:15 PM

-2-