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-O227%AVC Document 162 Filed 06/O4/2004 Page 1 of 4
UNITED STATES DISTRICT count
{ FOR THE DISTRICT OF CONNECTICUT "
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{ CROWN THEATRES, L.P., ) { I A _» ml M E __ I
) . _ _1 r;:
{ Plaintiff, ) . . ‘ ; k 1 ;2_s i. i
i . )
v. ) Case N0. 3:02CV2272AVC
) Jury Trial Demanded
{ MILTON L. DALY, TAYLOR-LEIGH, )
INC., ANNE E. DALY, JAMES C. )
CELLA, G.U.S. DEVELOPMENT, INC., ) JUNE 4, 2004
JAMES T. MARTIN O AND JAMES )
{ THOMAS MARTINO, ARCHITECT, ) °
{ P.C., and RCD HUDSON, LLC, )
)
Defendants. ) {
PLAINTIFF CROWN THEATRES, L.I".’S MOTION FOR EXTENSION OF TIME · {
Plaintiff Crown Theatres, L.P. ("Crown Theatres”) hereby moves this Court to I
allow Crown Theatres and the Martino Defendants an additional seven days to file their reply {
briefs in support of their respective motions for summary judgment. The briefs are currently due {
on June 7, 2004. If this motion is granted, the new due date would be June 14, 2004. The briefs {
{ in question are: (1) Crown Theatres’ Reply Brief in Support of Its Motion for Partial Summary I
Judgment Against Defendants James T. Martino and James Thomas Martino, Architect, P.C.’s
(collectively "l\/lartino Defendants"); (2) Crown Theatres’ Reply Brief in Support of Its Motion
for Summary Judgment on the Martino Defendants’ First and Third Counterclaims; (3) Crown
Theatres’ Reply Brief in Support of Its Motion for Summary Judgment against Milton L. Daly
and Taylor—Leigh, Inc. (the “Daly Defendants"); and (4) the Martino Defendants’ Reply Brief in
{ Support of Their Motion for Summary Judgment against Crown Theatres. Neither the Martino
Defendants nor the Daly Defendants object to the requested extension of time.
In further support of this motion, Crown Theatres states as follows:
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i p i I Case 3:02-cv-O22@VC Document 162 Filed O6@j2004 Page 2 of 4 i
y 1. On May 21, 2004, the Martino Defendants filed their opposition briefs to i
i Crown Theatres’ motions for summary judgment. On May 21, 2004, defendants Milton L. Daly i
R and Taylor-Leigh, Inc. (the "Daly Defendants") tiled their opposition to Crown Theatres’ motion
p for summary judgment. On May 20, 2004, Crown Theatres filed its opposition to the Martino
Defendants? motion for summary judgment.
2. Crown Theatres and the Martino Defendants’ are in the process of i
formulating their replies to the aforementioned opposition briefs. I
i 3. In addition to preparing three reply briefs, Crown Theatres is also in the
process of drafting an opposition to the Daly Defendants’ Motion to Strike, which is due on June
ll. Crown Theatres does not seek additional time to tile this brief. I
y 4. Crown Theatres and the Martino Defendants need an additional seven
i days (five business days) to prepare adequate and proper responses to the aforementioned i
T opposition briefs. The need for additional time stems from the volume and complexity of the i
opposition briefs as well as the Memorial Daly holiday.
5. Counsel for Crown Theatres, Matthew H. Rice, has conferred with counsel {
for the Martino Defendants, Marisa Lanza, and counsel for the Daly Defendants, Kerry Wisser.
Counsel for the Daly Defendants does not oppose this motion for an extension of time. Counsel
A for the Martino Defendants also does not oppose this motion for an extension of time, provided
that the Martino Defendants also receive a seven day extension of time to file their reply brief in A
support of their motion for summary judgment. i
6. Anne Daly’s Reply Brief in Support of Her Motion for Summary
Judgment is currently due on June 14, 2004. Accordingly, if Crown Theatres’ motion is granted,
all of the parties’ reply briefs will be due on the same date.
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` Case 3:02-cv-0227 - VC Document 162 Filed 06/ 2004 Page 3 of 4
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WHEREF ORE, plaintiff Crown Theatres, L.P. respectfully requests that this
Court enter an order (1) allowing Crown Theatres until and including June 14, 2004, to file its

j reply briefs in support of its motions for summary judgment directed against the Martino
Defendants and its reply brief in support of its motion for summary judgment directed against
l
Milton L. Daly and Taylor—Leigh, Inc., and (2) allowing the Martino Defendants until and
including June 14, 2004, to file their reply brief in support of their motion for summary judgment
against Crown Theatres. A proposed order accompanies this motion.
Respectfully submitted,
CROWN THEATRE 5 .P. ·
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. James Pickerstein (Bar No. ___t 05094)
Jodi Zils Gagné (Bar N0. Ct 24376) l
PEPE & HAZARD, LLP j
30 J elliff Lane A
( Southport, CT 06490
p (203) 319-4000
I (203) 259-0251 (fax)
[email protected]
j [email protected]
and
I Craig C. Martin (Bar No. Ct 12198)
I Lawrence S. Schaner (Bar No. Ct 24756)
JENNER & BLOCK, LLC
I One IBM Plaza r
Chicago, IL 60611
(312) 222-9350 ,
(312) 840-7776 (fax) I
cmartin@jenne1·.com
( lschaner@j enner.com
j Dated: June 4, 2004
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JZG/32310/2/681404vl
06/04/04-HRT}
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` ` at Case 3:02-cv-O22?2jAVC Document 162 Filed O6<0%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 Plaintiff Crown Theatres’ 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.
p 29 South Main Street
1 Suite 207
West Hartford, CT 06107 ·
Mark Seiden
Marisa Lanza I [
Milber, Makris, Plousadis & Seiden, L.L.P. l
F I 3 Barker Avenue
Sixth Floor r
White Plains, NY 10601 E
Robert M. Frost
Zeldes, Needle & Cooper, P.C.
1000 Lafayette Blvd.
P.O. Box 1740
Bridgeport, CT 06601
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jaifbdi Zils Gagné ' '
Dated: June 4, 2004
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