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

Case 3:02-cv-02272-AVC Document 145 Filed 05/19/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
CROVVN THEATRES, L.P., )
)
Plaintiff, )
)
v. ) Case N0. 3:02CV2272AVC
) Jury Trial Demancled
MILTON L. DALY, TAYLOR-LEIGH, )
INC., ANNE E. DALY, JAMES C. )
CELLA, G.U.S. DEVELOPMENT, INC., ) MAY 19, 2004
JAMES T. MARTINO AND JAMES )
THOMAS MARTINO, ARCHITECT, )
P.C., and RCD HUDSON, LLC, )
)
Defendants. )
PLAINTIFF CROVVN THEATRES, L.P.’S MOTION FOR ONE—DAY EXTENSION OF
TIME TO FILE BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Plaintiff Crown Theatres, L.P. ("Crown Theatres") hereby moves this Court to
allow Crown Theatres an additional day, to and including May 20, 2004, to respond to the
motion of defendants James T. Martino and James Thomas Martino, Architect, P.C.’s
(collectively "Martino") for summary judgment in regards to Cotmts VIII and IX of Crown
Theatres’ Second Amended Complaint. Counsel for Martino has no objection. In addition,
Crown Theatres and Martino request this Court extend the time for Martino to file its response to
Crown- Theatres’ Motion for Partial Summary Judgment and its Motion for Summary Judgment
on the Martino Defendants’ First and Third Counterclaims from May 21, 2004 to and including
May 24, 2004. In support of this motion, Crown Theatres states as follows:
l. On April 26, 2004, Martino filed a Motion for Summary Judgment against
Crown Theatres. The motion was served by U.S. mail.
JZG122310/zxsvsssovi
05/19/04-HRV

Case 3:02-cv-02272-AVC Document 145 Filed 05/19/2004 Page 2 of 4
2. Counsel for Crown Theatres in Chicago did not receive the electronic mail
from this Court that designated the response due date to be May 19, 2004. Local Rule 7(a)(1)
provides that parties have 21 days in which to file briefs opposing motions. Applying Rule 6 of
the Federal Rules of Civil Procedure, Counsel calculated the due date for Crown Theatres’
opposition brief to be 21 days past the date of tiling, April 26, 2004, plus 3 days for mailing.
Thus, Counsel believed — and has been operating under the assumption — that the deadline for its
clients’ response was May 20, 2004.
3. Crown Theatres is in the process of drafting its response and needs until
May 20, 2004 in which to do so.
4. Counsel for Crown Theatres, Matthew H. Rice, has conferred with counsel
for Martino, Marisa Lanza. Counsel for Martino does not oppose this motion for an extension of
time.
5. The parties have further agreed that Martino should be allowed until May
24, 2004, to tile its responses to Crown Theatres’ Motion for Partial Summary Judgment and its
Motion for Summary Judgment on the Martino Defendants’ First and Third Counterclaims.
6. This is the first motion for extension of time tiled by Crown Theatres with
respect to this Court’s deadline for tiling a response to Ma1tino’s Motion for Summary
Judgment.
WHEREF ORE, Plaintiff Crown Theatres, L.P. respectfully requests that this
Court enter an order allowing (1) Crown Theatres until May 20, 2004, to respond to defendants
l James T. Martino and James Thomas Martino, Architect P.C.’s Motion for Summary Judgment;
and (2) Martino until May 24, 2004, to respond to Crown Theaters’ Motion for Partial Summary
-2-
l€E€,%2&’§Q$"°“°”‘

Case 3:02-cv-02272-AVC Document 145 Filed 05/19/2004 Page 3 of 4
Judgment and Crown Theatres? Motion for Summary Judgment on the Martino Defendants’ First
and Third Counterclaims.
Respectfully submitted,
CROWN THEAT ,L.P.
j K
By:
ames Pickerstein (Bar No. 05094)
odi 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 N0. Ct 24756)
JENNER & BLOCK LLP
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
312) 840-7776 (fax)
[email protected]
[email protected]
-3-
Jzo/szsio/zxmssovi
us/19/04.nrm
1

Case 3:02-cv-02272-AVC Document 145 Filed 05/19/2004 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.
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
Bridgepoxt, CT 066 1 I [ I
/1 { y /
Jo ils Gagné ’ A I
_/
Dated: May 19, 2004
-4-
JZGl323l0/2/679550vl
05/l9/04»·HRT/