Free Motion to Continue - District Court of Connecticut - Connecticut

A Case 3:03-cv-00194-CFD Document 29 Filed O3/O2/2005 Page 1 of 3
UNITED STATES DISTRICT COURT { Q _
FOR THE DISTRICT OF CONNECTICUT ‘ i ` “
F9. li · 2 t= <- rr
j )
THOMAS E. TYNDALL, ) . I - -
J · . A i
Plaintiff ) i`
1
vs. )
)
NEW ENGLAND TEAMSTERS & TRUCKING )
INDUSTRY PENSION FUND, ) Case No. 3:03cvl94(CFD)
DAVID W. LAUGHTON, PAUL V. WALSH, )
ANTHONY S. BUONPANE, GEORGE W. )
CASHMAN, J. LEO BARRY, JOHN J. )
MCCARTHY, JR., WILLIAM M. VAUGHN III, )
and J. DAWSON CUNNINGHAM, )
)
Defendants. )
;....)
DEFENDANTS’ REQUEST TO POSTPONE TRIAL CALL
UNTIL AFTER THE COURT HAS RULED ON
DEFENDANTS’ MOTION FOR LEAVE TO FILE
A SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT
NOW COME Defendants, New England Teamsters & Trucking Industry Pension
Fund, etal, and hereby move the Court for a postponement of the Trial Call scheduled for
March 4, 2005, until after the Court has ruled on Defendants’ Motion for Leave to File a
Motion for Summary Judgment. As grounds for their Motion, Defendants state as
follows:
1. On February 18, 2005, Defendants tiled their Motion for Leave to File a
Supplemental Motion for Summary Judgment.
2. Defendants attached to their Motion for Leave a Motion for Supplemental
Summary Judgment along with all supporting documentation.





Case 3:03-cv-00194-CFD Document 29 Filed O3/O2/2005 Page 2 of 3
3. Defendants believe that Defendants’ Supplemental Motion for Summary
Judgment will resolve the outstanding issues remaining in this case and render
a trial unnecessary.
4. Postponing Trial Call until after the Court rules on Defendants’ Motion for
Leave and Supplemental Motion for Summary Judgment would save the
Court and all parties involved from further expenditure of time and resources
that might not be necessary following the Court’s ruling on the Motion for
Leave and Supplemental Motion for Summary Judgment.
5. Defendants’ counsel has conferred with Pro Se Plaintiff Thomas E. Tyndall
regarding this matter. Mr. Tyndall has refused to assent to this Motion.
WI-IEREFORE, Defendants respectfully request that the Court postpone the Trial Call l
of this case until after the Court has ruled on Defendants’ Motion for Leave to File a l
Supplemental Motion for Summary Judgment and Defendants’ Supplemental Motion for
Summary Judgment.
l
Dated: March 1, 2005. I
Respectfully submitted
For the Defendants
By their attorneys,
. l
I Jonathan M. Conti l l
Federal Bar No. ct24593
Feinberg, Campbell & Zack, P.C.
177 Milk Street
Boston, MA 02109
(617) 338-1976
www:[email protected]

· Case 3:03-cv-00194-CFD Document 29 Filed O3/O2/2005 Page 3 of 3
By Local Counsel,
Thomas M. Broekett, g E
Federal Bar No. ct10873
Robert M. Cheverie & Associates, P.C.
333 East River Drive, Suite 101
East Hartford, CT 06108]
(860) 290-9610
www:[email protected]
CERTIFICATE OF SERVICE
I, Jonathan M. Conti, hereby certify that I caused a copy of the foregoing to be served on
pro se plaintiff Thomas E. Tyndall by depositing a copy thereof by certified mail with the
United States Postal Service on March 1, 2005 addressed to Thomas E. Tyndall, P.O.
Box 6041, Wolcott, CT 06716.

Jonathan M. Conti