Free Motion for Leave to File - District Court of Connecticut - Connecticut


File Size: 104.7 kB
Pages: 4
Date: October 6, 2005
File Format: PDF
State: Connecticut
Category: District Court of Connecticut
Author: unknown
Word Count: 827 Words, 4,957 Characters
Page Size: 612.72 x 1008 pts
URL

https://www.findforms.com/pdf_files/ctd/20552/48.pdf

Download Motion for Leave to File - District Court of Connecticut ( 104.7 kB)


Preview Motion for Leave to File - District Court of Connecticut
. ‘ i Case 3:02-cv-021055tVC Document 48 Filed 10/O?/2005 Page 1 of 4
l
` UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT _
CYNTHIA WELFARE, : CIVIL ACTION NO. I
Plazntf 3:02CV2 1.0}!(AVC)' I: .2 .\ I
PETER O’MEARA COMMISSIONER OF I
THE DEPARTMENT OF MENTAL : ,
RETARDATION FOR THE STATE OF :
CONNECTICUT :
Defendant : October 4, 2005
MOTION FOR PERMISSION To FILE A MOTION FOR SUMMARY JUDGMENT
The defendant respectfully requests permission to file a Motion for Summary Judgment.
This Court originally ordered all dispositive motions to be filed by June 28, 2003. As the I
case went on, the date for filing of dispositive motions was advanced to accommodate the
changing discovery dates. The final date for tiling dispositive motions was set for September 30,
2004. On July 6, 2004, defendant’s counsel (AAG Thomas Fiorentino) was transferred to a
different unit in the Attorney General’s Office and a new attorney for the defendant (AAG MJ.
McCarthy) filed an appearance in this matter. While both parties continued to complete I
interrogatories and depositions, defendant’s new counsel, due to the press of business, adjusting I
to a new caseload, missed the deadline for filing a Motion for Summary Judgment. ,
In the spring of 2005, a date was set for a settlement conference, which was to be held on
l
June 22, 2005. The defendant’s ex-parte statement was timely submitted to the court. However,
due to a family emergency for plaintiff s counsel, the settlement conference was marked off and
has just been re—scheduled for February 9, 2006. (See attached) Although the time has past for
filing dispositive motions, defenda;nt’s counsel now requests permission to file a Motion for
Summary Judgment at this point. The defendant believes that a Summary Judgment would be in
I
E
1



2 iam ii
t i Case 3:02-cv-021OQi/5VC Document 48 Filed 10/05/2005 Page 2 of 4
i
the interest of judicial economy. Further, since a trial date has not been set and a settlement
conference will not be held until February 2006, filing of a summary judgment motion will not `
delay the case.
i
WHEREFORE, the defendant respectfully requests that the Court allow the defendant to i
iile a Motion for Summary Judgment within thirty days ofthe granting of this motion.
é
i
THE DEFENDANT 1
M,]. cCarthy !
Assistant Attorney General i
Federal Bar No. ct00319 i
55 Elm Street, PO Box 120 i
2 Hartford, CT 06141 -0120
Tel: (860) 808-5210 i
Fax: (860) 808-5385 '
mj.m.ccarthygaJg:go.state.ct.us I
i
i
i
1
i
2 i
_~J

Q A Case 3:02-cv-O210@VC Document 48 Filed 10/O@2§)O5 Page 3 of 4
L ;
Q
CERTIFICATION
Q
I hereby certify that a copy ofthe foregoing motion was mailed in accordance with Rule I
5(b) of the Federal Rules of Civil Procedure on this 4th day of October, 2005, first class postage _
Q
prepaid to:
Peter Goselin
` Livingston, Adler, Pulda, Meiklejohn, & Kelly, P.C.
557 Prospect Ave. Q
Hartford, CT 06105 {
M.] . McCarthy Q
Assistant Attorney General ’
Q
Q
Q
Q
_________|

-_T_`-.-n`4_ ;__";Y.“.-“—"é;_*- -Y -. -“—-T—"-I___
. ‘ Q Case 3:02-cv-0210%-—AVC Document 48 Filed 10/05/2005 Page 4 ofpggc 1 $[1 1
. I .~
_ ..·· ‘ · I
McCarthy, MJ mfn
From: CIVIECF@ctd.uscouI·ts.gov
Sent: Wednesday, September 28, 2005 12:04 AM A
To: CMECF@ctd.uscourts.gov
Subject: Summary of ECF Activity
Activity has occurred in the following cases: (
3;Qhere92.1ll.1.:AXQcWelfm.v..o.Mantat..Retardanon
Calendar Entry 47 I
Docket Text:
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL
RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO
IDENTIFICATION. Settlement Conference set for 2/9/2006 10:00 AM in Chambers Room 258, 450 Main St.,
Hartford, CT before Judge Thomas P. Smith. Counsel shall be accompanied by the appropriate persons with ;
authority to settle, including insurance adjusters. See Nick v. M0rgan‘s Foods, 99 F. Supp. 2d 1056, 1062-63
(E.D. Mo 2000). Counsel are hereby ordered to advise their respective principles and insurance adjusters of the
Nick decision. Parties shall submit, via mail or hand delivery, ex parte statements not to exceed four (4) pages
to chambers by 2/7/2006. The ex parte statements shall address settlement negotiations to date as well as .
potential resolutions, including bottom-line dollar amounts. Counsel are also ordered to confer with the
opposing party prior to the settlement conference to attempt to settle the case without judic! ial intervention. }
(Michael, EQ) (
§.;2@r;0Q2§,2;E&’·.lISA.sn...Q_0mn_ecticut,..er_& I
Order I
I
Docket Text:
Special Master’s ORDER on Medical Services . Signed by Special Master, David Ferleger on 9/21/05. (Brown,
S·)
Q§§;&ll].Z&EB.§@11:.@1neac.Li@¤£Lal I
Order _
Docket Text: _ ]
Special Master’s ORDER on Habilitation Review . Signed by Special Master, David Ferleger on 9/21/05. I
(Brown, S.) R
I
I
i
l0/3/2005 ,