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

Case 3:03-cv-00118-MRK

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Filed 05/10/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LORI RAYMOND, et al

v. JOHN ROWLAND, in his official Capacity as Governor of the State of Connecticut, and PATRICIA WILSON-COKER, in her official capacity as Commissioner of the State of Connecticut Department of Social Services : Defendants :

: : : : : :

CIVIL ACTION NO. 303CV0118 (MRK)

MAY 7, 2004

MOTION FOR EXTENSION OF TIME AND ADJUSTMENT OF SCHEDULING ORDER The defendants move for a three ­month extension of time until September 3, 2004 for the completion of fact discovery. In addition, defendants request that the scheduling order be adjusted forward by three months. In support thereof, defendants represent that they have expressed to the Court a willingness to enter into settlement negotiations with the assistance of Magistrate Garfinkel, while at the same time proceeding with discovery. Defendants provided the plaintiffs with a draft of its proposed regulations regarding applicants and recipients with disabilities and are awaiting comments from the plaintiffs before finalizing these regulations. Defendants are also in the process of responding to several different discovery requests, including a

ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:03-cv-00118-MRK

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new round of depositions. Defendants are also in the process of scheduling depositions for members of the class. Despite due diligence, defendants will be unable to complete discovery by June 1, 2004. Accordingly, defendants request that the deadline for fact discovery be extended by three months, and that all other scheduling deadlines be adjusted accordingly. The following are the proposed revisions to the scheduling order: 1. Discovery completed: current deadline- 6/1/04; proposed deadline- 9/1/04 2. Motion for summary judgment: current deadline-11/15/04; proposed deadline-2/15/05 3. Status conference: proposed deadline-1/15/05 4. Plaintiffs designate experts: current deadline-6/1/04; proposed deadline-9/1/04 5. Defendants' deposition of plaintiffs' experts: current deadline-7/1/04; proposed deadline-10/1/04 6. Defendants designate experts: current deadline-8/1/04; proposed deadline-11/01/04 7. Plaintiffs' deposition of defendants' experts: current deadline-9/1/04; proposed deadline-12/01/04 8. Plaintiffs' designation of rebuttal experts: current deadline-10/15/04; proposed deadline-1/15/05 9. Defendants' deposition of plaintiffs' rebuttal experts: current deadline-11/1/04; proposed deadline-2/1/05 10. Dispositive motions: current deadline-12/1/04; proposed deadline-3/1/05

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11. Submission of Joint Trial Memorandum: current deadline-1/15/05, or within 60 days of ruling on dispositive motions; proposed deadline-4/15/05, or within 60 days of ruling on dispositive motions 12. Ready for trial: current deadline-4/2/05; proposed deadline-7/2/05 The plaintiffs have consented to the defendants' request for a three month extension of the deadline for fact discovery and adjustment of the scheduling order as set forth above. This is the defendants' first motion for extension of time for the completion of fact discovery. DEFENDANTS BY: RICHARD BLUMENTHAL ATTORNEY GENERAL Richard J. Lynch Assistant Attorney General ____________________________ Peter L. Brown Assistant Attorney General Federal Bar No. 12132 55 Elm Street, 5th Floor Hartford, CT 06141-0120 Tel: (860) 808-5210 Fax: (860) 808-5385 [email protected]

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CERTIFICATION I hereby certify that a copy of the foregoing MOTION
FOR

EXTENSION

OF

TIME

AND

ADJUSTMENT OF SCHEDULING ORDER was mailed, first class, postage prepaid, and faxed this 7th day of May, 2004, to: Lucy Potter, Esq. Maria Morelli-Wolfe, Esq. Greg Bass, Esq. Greater Hartford Legal Aid 999 Asylum Avenue Hartford, Connecticut 06105 Joanne Gibau, Esq. New Haven Legal Assistance, Inc. 426 State Street New Haven, CT 06510 Shirley Bergert, Esq. Connecticut Legal Services 872 Main Street Willimantic, Connecticut 06226 Priya Cloutier, Esq. Connecticut Legal Services 153 Williams Street New London, CT 06320

____________________________ Peter L. Brown Assistant Attorney General

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