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

I Case 3:02-cv-01752-CFD Document 27 Filed 05/14/2004 Page 1 of4
I DE ORCHIS & PARTNERS, LLP — I
I 24 Hoyt Street F I L- E D I
I Stamford, Connecticut 06905 I
(203) 323·9I20 Zllillt MAY I Ll F2 iZ= U`!
Attorneys for Plaintiff U_$_ DISTRIU [][]UR`[
I Joseph Palmieri HARTFORD, CT, :
UNITED STATES DISTRICT COURT "
DISTRICT OF CONNECTICUT
------------.---------------..----------~--......-.-----—-... X
JOSEPH PALMIERI,
I
Plaintiff, I
02 CIV. 1752 (CFD) I
— against- I
KEN HALL & ASSOCIATES, INC. cl/b/a
SPORT CRAFT BOATS, SPORT CRAFT
MARINE, SPORT CRAFT, INC., ROBERTS
ACQUISITION CORPORATION and STONE
HARBOR MARINA,
Defendants.
............................. .... .......................... .......-X
I
PLAINTIFF‘S MOTION FOR A IFURTHER EXTENSION OF TIME I
BY WHICH TO CONSUMMATE SE'|'|'LEMENT AND REQUESTING
ORDER RE-OPENING MATTER IF SETTLEMENT IS NOT FINALIZED I
Plaintiff, JOSEPH PALMIERI (hereinafter referred to as the "PLAINTIFF"), by and
through his undersigned attorneys, De Orcihis & Partners, LLP, respectfully moves for an
additional two (2) week extension of time by which to complete the settlement in this matter I
and in support of the same states as follows:
1. On March 29, 2004, the plaintiff and only appearing defendant, Stone Harbor
Marina ("Stone Harbor"), agreed to an amicable resolution of this matter in exchange for
certain consideration. I
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i Case 3:02-cv-01752-CFD Document 27 Filed 05/14/2004 Page 2 of 4
I 2. Thereafter, the plaintiff provided Stone Harbor's counsel with a proposed
{ settlement agreement for which the undersigned has yet to receive any comments much less I
j an executed original.
3. On April 28, 2004, the plaintiff moved this Court for a two week extension of time
by which to consummate settlement.
4. Subsequently, counsel for St-one Harbor contacted the undersigned and stated
that the agreed upon settlement was not in jeopardy but that he had been otherwise
preoccupied with the "most important trial of his Iife." Counsel for Stone Harbor assured the
plaintiff he would review the settlement agreement within the two week extension period. ‘
5. On May 10, 2004, and having received no further communication from Stone
Harbor's counsel, the plaintiff transmitted a facsimile to Stone Harbor's counsel urgently
seeking his comments as to the proposed settlement documents. (
6. As of this writing, and despite the undersigned's various telephone messages, no
response has been received from Stone Harbor's counsel.
7. Based on Stone Harbor's counsel's representations, the undersigned has no g
reason to believe that the amicable settlement has failed and believes additional time is
required to accommodate Stone Harbor's counseI's trial schedule.
8. Notwithstanding, the proposed settlement documentation is in the usual form
and is not complicated such that Stone Harbor's counsel should be able to review the same
within the next two weeks.
9. Plaintiff asserts that if Stone Harbor does not consummate settlement within the
next two weeks, this matter should be re-opened and attorneys‘ fees and costs assessed
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Case 3:02-cv-01752-CFD Document 27 Filed 05/14/2004 Page 3 of 4
against Stone Harbor for their agreeing to a settlement in bad faith which resulted in this
matter being delayed and the plaintiff incurring unnecessary costs and expenses.
10. Accordingly, the plaintiff respectfully requests that the Court refrain from
dismissing this matter for an additional two (2) weeks up to and including May 27, 2004.
11. The plaintiff will advise the Court as soon as the settlement documents and
funds are exchanged.
Dated: _ Stamford, Connecticut:
May 12, 2004
Dis ORCHIS & PARTNERS, LLP
Attorneys for Plaintiff
John K. ulweil r (CT—24765)
e Orchis Partners, LLP (
24 Stre t
Stamford, onnecticut
(203-323-9120) (
Our File: 2113-1 ,
TO: Steven G.M. Blro, Esq. N
291 Vine Road
Stamford, CT 06905-2106
Attorneys for Stone Harbor Marina
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Q Case 3:02-cv-01752-CFD Document 27 Filed 05/14/2004 Page 4 of 4 \
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{ DECLARATION CIF SERVICE BY MAIL I
} Linda Salerno, declares that:
I am not a party to this action, am over 18 years of age, and reside in Staten Island,
New York. I am a secretary for De Orchis & Partners, LLP, the attorneys for the within
, named Plaintiff, with offices at 61 Broadway, 26"‘ Floor, New York, New York 10006.
On Il/lay 12, 2004, I served upon:
STEVEN G.M. BIRO, ESQ.
291 VINE ROAD
STAMFORD,. CT 06905-2106
ATTORNEYS FOR STONE HARBOR MARINA
a true copy of the annexed:
PLAINTIFF’S MOTION FOR A FURTHER EXTENSION OF TIME BY WHICH TO
CONSUMMATE SETTLEMENT AND REIQUESTING ORDER RE-OPENING MATTER
IF SETTLEMENT` IS NOT FINALIZED
by depositing the same in a sealed and postage prepaid wrapper, in a post-office or
official depository of the U.S. Postal Service within the State of New York, addressed to
the last known address ofthe addressee(s) as Indicated above.
I declare under penalty of perjury that the foregoing is true and correct. _
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Executed on May 12, 2004. N
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_ Lind alerno
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