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

Case 3:02-cv-01960-EBB

Document 43

Filed 04/22/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : v. : : TOWN OF GRANBY, DOUGLAS CLARK and : ROBERT CASTLE : Defendants : Plaintiff SEAN A. LOVE CASE NO. 302CV1960 (EBB)

APRIL 21, 2004

REQUEST TO DEPOSE WITNESS OUTSIDE OF SCHEDULING ORDER The Defendants, Town of Granby, Douglas Clark and Robert Castle, hereby request the court's permission to depose a fact witness outside of the scheduling order. The Defendants submit that, pursuant to the scheduling order, the deadline to depose fact witnesses was March 31, 2004. The present action arises out of the Plaintiff's arrest by the Defendants, Officer Clark and Sergeant Castle, on November 11, 2000. In his responses to the Interrogatories, the Plaintiff indicated that Ky Schieb was witnessed the events surrounding the Plaintiff's arrest. Prior to the deadline for deposing fact witnesses, defense counsel requested that Plaintiff's counsel make Ky Schieb available to be deposed. In response to the request, Plaintiff's counsel told Defense counsel that they could not locate Mr. Schieb.

Case 3:02-cv-01960-EBB

Document 43

Filed 04/22/2004

Page 2 of 3

On March 31, 2004, however, Plaintiff's counsel notified defense counsel that they had located Mr. Schieb and that he "will be cooperative in making himself available." See Exhibit A, correspondence from Patsy Renzullo to Frank J. Szilagyi, dated March 31, 2004. Defense counsel and Plaintiff's counsel are currently in the process of selecting a date to depose Mr. Schieb. In light of the recent developments regarding the location of Mr. Schieb, the Defendants now request the court's permission to depose Mr. Schieb outside of the scheduling order.

THE DEFENDANTS, TOWN OF GRANBY, DOUGLAS CLARK and ROBERT CASTLE

By:_______________________________ JOSEPHINE A. SPINELLA Silvester & Daly 72 Russ Street Hartford, CT 06103 Tel. (860) 278-2650 Federal Bar No. CT24009

Case 3:02-cv-01960-EBB

Document 43

Filed 04/22/2004

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CERTIFICATION I, Josephine A. Spinella, attorney for the Defendants, hereby certifies that a copy of the foregoing has been mailed, postage prepaid, in the United States Mail, this 21st day of April, 2004 to: Patsy M. Renzullo 65 Elm Street P.O. Box 718 Winsted, CT 06098

By:_________________________ JOSEPHINE A. SPINELLA Silvester & Daly

nai-love/req. depose witness.042004