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

Case 3:03-cv-00350-MRK

Document 100

Filed 06/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ADAP, INC., D/B/A AUTOZONE, Plaintiff, V. RITZ REALTY CORP., AND AVALONBAY COMMUNITIES, INC., Defendants. : CASE NO.: 303CV350(MRK) : : : : : : : : JUNE 13, 2005

MOTION FOR EXTENSION OF TIME Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 7(b) of the Local Civil Rules of the United States District Court for the District of Connecticut, Defendant AvalonBay Communities, Inc. ("AvalonBay") respectfully moves this Court for an extension of time to and including July 15, 2005 within which to serve upon the Plaintiff its answering proposals to Plaintiff's proposed findings of fact and conclusion of law, witness statements, proposed trial exhibits, and deposition testimony designations in connection with the Joint Trial Memorandum to be filed by the parties in this action. Under the current July 11, 2005 deadline for the filing of the filing of the Joint Trial Memorandum with the Court, service upon Plaintiff of AvalonBay's answering proposals is due on July 4, 2005. The proposed extension would serve to extend to July 22 the deadline for the submission to the Court of the final Joint Trial Memorandum.

Case 3:03-cv-00350-MRK

Document 100

Filed 06/14/2005

Page 2 of 3

Undersigned counsel is scheduled to be out-of-state on a family vacation beginning on June 20 and will be returning to the office on Tuesday, July 5. The requested extension is necessary in order to afford sufficient time to formulate AvalonBay's responses to Plaintiff's submissions. Given that both Defendants are to respond to Plaintiff's submission simultaneously in accordance with the Court's standing instructions for the Joint Trial Memorandum, AvalonBay requests that both Defendants be afforded to July 15 to coordinate and serve their responses upon Plaintiff. Under the proposed schedule, Plaintiff will arrange for delivery of its proposed submissions to Defendants by July 5. This is AvalonBay's first request for extension of the above deadlines related to the Joint Trial Memorandum. The requested extension will not impact the August 3, 2005 trial date of this action. Plaintiff's counsel, Bruce Elstein, and co-defendant's counsel, Andrew Houlding, have been consulted and consent to this request. DEFENDANT, AVALONBAY COMMUNITIES, INC.

By Joseph L. Hammer (ct00446) Day, Berry & Howard LLP CityPlace I Hartford, Connecticut 06103-3499 E-mail: [email protected] Tel: (860) 275-0391 Fax: (860) 275-0343

41603214_1.DOC June 13, 2005 1:57 PM

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Case 3:03-cv-00350-MRK

Document 100

Filed 06/14/2005

Page 3 of 3

CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing was mailed on this 13th day of June, 2005, via first class mail, postage prepaid, to: Bruce L. Elstein, Esq. Elstein & Elstein 1087 Broad Street Bridgeport, CT 06604-4294 Ph.: (203) 367-4421 Fax: (203) 366-8615 Andrew L. Houlding, Esq. Rome McGuigan, P.C. One State Street Hartford, CT 06103-3101 Ph.: (860) 549-1000 Fax: (860) 724-3921

______________________________________ Joseph L. Hammer

41603214_1.DOC June 13, 2005 1:57 PM

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