Free Status Report - District Court of Connecticut - Connecticut

Case 3:03-cv-003555MRK Document 122 Filed 10{1_$;/2005 Page 1 of 4 I
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ADAP, INC. : CASE NO. 303CV350(I\/[RK)
VS- ? 1%*
RITZ REALTY CORP. and I :1 zi
AVALONBAY COMMUNITIES, INC. : OCTOBER 18, 2005
JOINT STATUS REPORT __
The parties submit this Joint Status Report pursuant to the Court’spQrder dated I
12, 2005. Set forth below is each party’s statement as to the status of this mafter. ni I
Plaintiff, ADAP, Inc.
Defendant, AvalonBay Communities, Inc. (“AvalonBay") has negotiated and agreed
upon a ground lease with the owners of properties at 50 Cross Street and 30 Belden Avenue in
Norwalk, Connecticut. Plaintiff, ADAP, Inc. ("ADAP") and AvalonBay have negotiated and I
agreed upon a building lease for a new building to be constructed on the 50 Cross Street/30
Belden Avenue property to which the existing Riverview Plaza AutoZone store, which is the
subjectiof this action, will be relocated. The new store will be constructed following the issuance
of governmental approvals necessary for such construction. ADAP and AvalonBay are
proceeding with due diligence under the Lease, including environmental and title review and I
I preparation of plans necessary for governmental approvals. Because ADAP has a lease with
defendant Ritz Realty Corp. ("Ritz") for the existing AutoZone store in Riverview Plaza, it will
. be necessary for Ritz to tenninate the existing lease when ADAP relocates. Accordingly, ADAP I
I and AvalonBay will be continuing to seek the participation of Ritz in the proposed resolution of
l l this matter.
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I OCl.0l‘•¢l‘ I3, 2005 4:19 PM
I Rome McGuig¤.n, P.C. • Attorneys at Law
One State Street • H81’t.fO1‘d.COHH€CtiCut 06103-3101 • {860) 549-1000 · Fa.X[860}724-3921 • Juris No. 27726 I
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. _ ase 3:03-cv-OO3i0j\/IRK Document 122 Filed 10(f18/2005 Page 2 of 4
Defendant, Aval0nBay Communities, Inc. I
Defendant AvalonBay joins in the above statement of plaintiff. In addition, it is
AvalonBay’s position that Ritz is contractually obligated to AvalonBay to effect the termination
of the existing ADAP lease as part of the resolution of this matter.
Defendant, Ritz Realty, Inc.
Ritz seeks relief from the continuance and an immediate trial. The information provided
by Plaintiff and seconded by AvalonBay is notably lacking in any demonstration of progress
toward a resolution since August 8, 2005. ADAP and AvalonBay gave the exact same
information nine weeks ago. ADAP states that it has "negotiated and agreed upon a building
lease for a new building," but significantly does not state that such a building lease has been
executed. Ritz has not seen any activity, nor has it been informed of any either directly or ,
indirectly, that would suggest any demonstrable progress toward obtaining "governmental
approvals?
ADAP provides no information whatsoever upon which the court could determine that it
has taken any action whatsoever. It provides no timeline for the accomplishment of goals and
objectives. It does not identify the governmental approvals that it must obtain. It does not state
whether "plans" consist of pencil drawings on napkins or architects’ renderings and engineers’
blueprints. It refers to the negotiation and agreement upon a lease between ADAP and I
AvalonBay, but that agreement had been reached before the August 8 continuance.
The Court, on August 8, continued a trial of this case over Ritz’s objections, and required
this interim joint status report by October ll. At ADAP’s unilateral request, the deadline for R
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October IS, 2005 4.l9 PM
Rome McGuigan, P.C. · Attomeys atLuw _
one stare street '.H8.1`I.fOFd.COIU1CCUCut 06103-3101 - (8601549-1000 · i=·axteeo1724-aaai · Juris Ne. 27726

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Case 3:03-cv-OO3iG—j\/IRK Document 122 Filed 10(/H?/2005 Page 3 of 4
receiving this report was extended until October 18, but the extension of time has not resulted in
any substantive effort to delineate the status.
ADAP and AvalonBay should be ordered forthwith to provide the Court, and Ritz, with I
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evidence showing their progress, if any, made since August 8. Vague assurances that they are J
"proceeding with due diligence" should not be countenanced. And, if evidence of substantive I
progress is not forthcoming, the case should either be set down for an immediate trial or
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Plaintiffs complaint should be dismissed with prejudice.
PLAINTIFF,
ADAP, INC. d/b/a AUTOZONE
Bruce L. Elstein, Esq. (ct01250)
Elstein & Elstein
1087 Broad Street
Bridgeport, CT 06604-4294
Phone: (203) 367-4421
Fax: (203) 366-8615
E-mail: belsteingcbsnetnet
DEFENDANT,
RITZ REALTY CORP.
By
An rew . Houlding, Esq. ( 2137) I
Rome cGuigan, P.C.
One State Street, 13th Floor p
Hartford, CT 06103-3101
Phone: (860) 493-3468
‘ Fax: (860) 724-3921
E-mail: alrouldinggcvrrns-law.com I
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416338I 1.I 091122-035SO ,.3-
October IS, 2005 4: 19 PM I
Rome Mcfiulgan, P.C. · Attorneys at Law
One State Street • Hart.t"0rd.Connc•::tJcut 06103-3101 • (860)549-1000 · Faxi.960) 724-3921 • Juris No. 27726
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ase 3:03-cv-OO350—l\/IRK Document 122 Filed 10(/1%/2005 Page 4 of 4 i
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DEFENDANT, Q
AVALONBAY Communities, Inc. I
By: `
J os L. ammer (ct00446)
David M. Bizar (ct20444)
Day, Berry & Howard LLP
CityPlace I
Hartford, CT 06103-3499
Tel: (860) 275-0100 i
Fax: (860) 275-0343 ;
E—mail: jlhamme1rgéDdloh..com V
E—mail: d·mbizz1r(eDdbh..co1n E
9202-4/4 l 0670
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4l633Bll.109ll22-03550 _4_
October 18, 2005 41I9 PM '
Rome McGuigcm. P.C. • Attorneys at Law i
One State Street • Hartford. Connecticut 06103-3101 · [860)549-1000 · Fax [860] 724-3921 • Juris No. 27726 \
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