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

Case 3:02-cv-02272-AVC Document 171 Filed 06/18/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
CROWN THEATRES, L.P., )
)
Plaintiff, )
)
v. ) Case No. 3:02CV2272AVC
) Jury Trial Demanded
MILTON L. DALY, TAYLOR-LEIGH, )
INC., ANNE E. DALY, JAMES C. )
CELLA, G.U.S. DEVELOPMENT, INC., ) June 18, 2004
JAMES T. MARTINO AND JAMES )
THOMAS MARTINO, ARCHITECT, )
P.C., and RCD HUDSON, LLC, )
)
Defendants. )
THIRD PARTY DEFENDANTS DAVID CLIFFORD AND
GLENN GARFINKEL’S MOTION FOR EXTENSION OF TIME
TO ANSWER OR PLEAD TO AMENDED THIRD PARTY COMPLAINT
Third Party Defendants David Clifford ("Clifford") and Glenn Gariinkel
("Gartinkel") hereby move this Court to allow Clifford and Garfinkel an additional 21 days, to
and including July 9, 2004, to answer or otherwise plead to the Amended Third Party Complaint
("Amended Complaint") filed by Defendants James T. Martino and James Thomas Martino,
Architect, P.C. (collectively "l\/lartino Defendants"). The Martino Defendants do not object to
the requested extension of time.
In support of this motion, Clifford and Garfinkel state as follows:
1. On March 31, 2004, this Court granted Clifford and Garfinkel’s Motion to
Dismiss the Martino Defendants’ Third-Party Complaint, with leave to amend.
2. On June 1, 2004, the Martino Defendants filed their Amended Complaint.
Pursuant to Rules 6 and 15 of the Federal Rules of Civil Procedure, Clifford and Garfinkel have
until June 18, 2004 to answer or otherwise plead to the Amended Complaint.
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Case 3:02-cv-02272-AVC Document 171 Filed 06/18/2004 Page 2 of 4
3. The Amended Complaint asserts five counts against Clifford and
Garfinkel sounding in contribution, indemnification, negligence, and unjust enrichment. The
allegations in the Amended Complaint are substantially longer and more detailed than those
contained in the original complaint.
4. During the first half of June, counsel for Crown Theatres, L.P., who also
represent Clifford and Garfinkel, were engaged in, among other things, briefing the summary
judgment-related issues in this action. On June 14, 2004, Crown Theatres, L.P. filed four briefs:
its Reply Memorandum in Support of Its Motion for Stunmary Judgment against Milton L. Daly
and Taylor-Leigh, Inc.; its Reply Memorandum in Support of Its Motion for Partial Summary
Judgment Against James T. Martino and James Thomas Martino, Architect, P.C.; its Reply to the
Martino Defendants’ Opposition to Crown Theatres’ Motion for Summary Judgment on the
Martino Defendants’ First and Third Counterclaims; and its Memorandum in Opposition to
Defendants Milton L. Daly and Taylor—Leigh, Inc.’s Motion to Strike Summary Judgment
Materials.
5. Because of the time necessary to prepare these briefs, and because of their
other professional and personal commitments, counsel for Clifford and Garfinkel have not
adequately been able to consider their response to the Amended Complaint.
6. Therefore, Clifford and Garfinkel need an additional 21 days to answer or 1
otherwise plead to the Amended Complaint.
7. Counsel for Clifford and Garfinkel, Matthew H. Rice, has conferred with
counsel for the Martino Defendants, Marisa Lanza. The Martino Defendants do not oppose this
motion for an extension of time.
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Case 3:02-cv-02272-AVC Document 171 Filed 06/18/2004 Page 3 of 4
8. This is the first motion for an extension of time tiled by Clifford or
Gartinkel with respect to the Amended Complaint.
WHEREFORE, Third Party Defendants David Clifford and Glenn Garfinkel
respectfully request that this Court enter an order allowing them until and including July 9, 2004,
to answer or otherwise plead to the Martino Defendants’ Amended Third—Party Complaint.
DAVID CLIFFORD AND GLENN GARFINKEL
- { 19. (“
My r
. James Pickerstein (Bar No. Ct 05094)
‘ Jodi Zils Gagné (Bar No. Ct 24376)
PEPE & HAZARD, LLP
30 Jelliff Lane
Southport, CT 06490
(203) 3 19-4000
(203) 259-0251 (fax)
[email protected]
j gagne@pepehazard. com
and
Craig C. Martin (Bar No. Ct 12198)
Lawrence S. Schaner (Bar No. Ct 24756)
J ENNER & BLOCK LLP
One IBM Plaza
Chicago, IL 60611
(3 12) 222-9350
(312) 840-7776 (fax)
[email protected]
Dated: June 18, 2004 lschaner@j enner.com
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Case 3:02-cv-02272-AVC Document 171 Filed 06/18/2004 Page 4 of 4
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that I have served all counsel of record in
this action with a copy of Third Party Defendants David Clifford and Glenn Garfinkel’s
Motion for Extension of Time by facsimile and by mailing a copy of the same by United States
Mail, postage prepaid, to the following:
Kerry M. Wisser
Weinstein & Wisser, P.C.
29 South Main Street
Suite 207
West Hartford, CT 06107
Mark Seiden
Marisa Lanza
Milber, Makris, Plousadis & Seiden, L.L.P.
3 Barker Avenue
Sixth Floor
White Plains, NY 10601
Robert M. Frost
Zeldes, Needle & Cooper, P.C.
1000 Lafayette Blvd.
P.O. Box 1740
Bridgeport, CT 06601
P f'
Jo ils Gagné
Dated: June 18, 2004
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