Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

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Case 3:02-cv-02272-AVC Document 175 Filed 07/28/2004 Page 1 of 4 ’
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
...............................................--------..---- X
CROWN THEATRES, L.P., Case N0. 3:02 CV 2272 (AVC)
Plaintiff}
—against—
MILTON L. DALY, DALY TAYLOR-LEIGH,
H\IC., JAMES C. CELLA, G.U.S. DEVELOPMENT,
H\IC., JAMES T. MARTINO, JAMES THOMAS
MARTINO, ARCHITECT, P.C. and
RCD HUDSON, LLC,
Defendants.
...............................................--.........-.. X
JAMES T. MARTHQO and JAMES THOMAS
MARTHQO, ARCHITECT, P.C.
Third—Pa11y Plaintiffs,
- against —
B.B. CONSTRUCTION CONSULTANTS,
LTD., DAVH) CLIFFORD,
and GLENN GARFINKEL,
Third-Party Defendants
...............................................---.......--.. X
DEFENDANTS/THIRD-PARTY PLAINTIFFS’ REQUEST FOR AN
EXTENSION OF TIME TO RESPONSE TO THIRD-PARTY DEFENDANTS
GLENN GARFINKEL and DAVID CLIFFORD’S MOTION TO DISMISS
THE AMENDED THIRD-PARTY COMPLAINT.
Defendants/Third-Party Plaintiffs JAMES T. MARTINO and JAMES THOMAS
MARTINO, ARCHITECT, P.C. (hereinaiier "The Martino Defendants") in the above-referenced
action hereby represents that the Third-Party Defendants GLENN GARFINKEL and DAVID
CLIFFORD (hereinafter "Third-Party Defendants") filed and served a Motion to Dismiss the

\ Case 3:02-cv-02272-AVC Document 175 Filed 07/28/2004 Page 2 of 4
Amended Third-Party Complaint under Rules 12(b)(6), 14 and 18 of the Federal Rules of Civil
Procedures.
The Martino Defendants hereby moves this Court to allow The Martino Defendants and
the Third-Party Defendants additional time to file their responsive papers.
The Martino Defendants in this matter hereby respectfully requests an extension of time
in which to file their opposition to the said motion to dismiss up to and including August 20,
2004. The Third-Party Defendants have also requested an extension of time in which to file
their reply papers to the said motion to dismiss up to and including September 6, 2004.
The attomeys for The Martino Defendants and Third-Party Defendants have consented to
the aforementioned extensions of time.
This request is being made since the attomeys for the Martino Defendants have been
engaged in preparing opposition papers on behalf of another client who is involved in complex
litigation wherein an Order to Show Cause was filed against the client imposing a temporary
injunction. In that matter, the Court issued a short time frame to prepare opposition papers and
move to lift the temporary injunction. In addition, according to the most recent Scheduling
Order the Joint Trial Brief is due on or before August 31, 2004 and therefore all parties have
been and will be engaged in preparing that brief. Because of the time necessary to prepare these
briefs, and because of the attomeys other professional and personal commitments, counsels for
the Martino Defendants and the Third-Party Defendant respectfully request an extension of time.

I Case 3:02-cv-02272-AVC Document 175 Filed 07/28/2004 Page 3 of 4
Dated: White Plains, New York
July 27, 2004
DEFENDANTS/THIRD-PARTY PLAINTIFFS
JAMES T. MARTINO and JAMES THOMAS
MARTINO ARCHITECTS, P.C.

arisa Lanza (Ct 24554)
MILBER MAKRIS PLOUSADIS
& SEIDEN, L.L.P.
3 Barker Avenue, 6th Floor
White Plains, New York 10601
(914) 681-8700
(914) 681-8709 (fax)
[email protected]

' Case 3:02-cv-02272-AVC Document 175 Filed 07/28/2004 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Request for Extension of Time to Respond to
Third-Party Defendants Motion to Dismiss the Amended Third-Party Complaint was served by first
class mail, postage prepaid, on the 27th day of July 2004, upon:
Matthew Rice, Esq.
Jenner & Block, LLC
One IBM Plaza
Chicago, IL 606l l
H. James Pickerstein, Esq.
Pepe & Hazard, LLP
30 Jelliff Lane
Southport, CT 06490
Kerry M. Wisser, Esq.
Weinstein & Wisser, P.C.
29 South Main Street, Suite 207
West Hartford, CT 06107
Robert M. Frost, Esq.
Zeldes, Needles & Cooper
1000 Lafayette Boulevard
Bridgeport, CT 06604
Vanessa Frets