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

Case 3:02-cv-02006-WWE

Document 43

Filed 05/03/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
CENTERFOLDS, INC. and MARIO PIROZZOLI, JR., Plaintiffs VS. TOWN OF BERLIN, et al, Defendants : : : CIVIL NO. 3:CV02006 (WWE) : : MAY 2, 2005 : : PLAINTIFF'S REQUEST FOR PERMISSION TO FILE MOTION FOR SUMMARY JUDGMENT The plaintiffs requests that this Court allow the plaintiff to file a motion for summary judgment by June 2, 2005. The plaintiffs represent the following: 1. On December 20, 2005, this Court filed its ruling on the defendants' motion for summary judgment. 2. In the Court's ruling, the Court requested that if the plaintiff chose to file a motion for summary judgment it must be filed with the Court by February 18, 2005. 3. Plaintiff's counsel requested and received an extension of time, until March 21, 2005, to file its summary judgment. -1-

Case 3:02-cv-02006-WWE

Document 43

Filed 05/03/2005

Page 2 of 3

4.

Plaintiff's counsel requested and received an extension of time, until April 21, 2005, to file its summary judgment.

5.

Counsel for both parties have been in negotiations regarding several outstanding issues.

6.

Over one month ago, Plaintiff's counsel provided defendant counsel with a demand for settlement, to which the defendant stated they would respond within several days.

7. 8.

Plaintiff has not had any response from the defendants. Plaintiff's counsel again left a request for the defendants to contact her regarding settlement. Plaintiff has had no response.

9.

Plaintiff has negotiated in good faith with the defendants, and has filed extensions with this court in order to negotiate and resolve the outstanding issues.

10.

It does not appear that defendants are willing to settle thus the plaintiff must proceed.

11.

Plaintiff's counsel has left a message for defendants' counsel but at the time of this motion, defendants' counsel had not responded.

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Case 3:02-cv-02006-WWE

Document 43

Filed 05/03/2005

Page 3 of 3

THE PLAINTIFFS

BY___________________________ Kim Coleman Waisonovitz Federal Bar No. ct25759 Law Offices of Norman A. Pattis LLC 649 Amity Road, P.O. Box 280 Bethany, CT 06524 Telephone (203) 393-3017 Their Attorney

CERTIFICATION

This is to certify that a copy of the foregoing was mailed, first class mail, postage prepaid, on May 2, to the following counsel of record: Thomas R. Gerard, Esq. Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114

________________________ Kim Coleman Waisonovitz

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