Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-02239-DJS

Document 101

Filed 12/04/2003

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UNITED STATES DISTRICT COURT for the DISTRICT OF CONNECTICUT ____________________________________ : WILLIAM E. MIKE, individually and : on behalf of other similarly situated : individuals, : Plaintiffs, : : V. : CASE NUMBER: 3:02 CV 2239(DJS) : SAFECO INSURANCE COMPANY : OF AMERICA, : Defendant. : DECEMBER 4, 2003 ____________________________________: DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR EXTENSION OF DEADLINES Pursuant to the Federal Rules of Civil Procedure and Local Rule 7(b) of this Court, Defendant, Safeco Insurance Company of America ("Safeco"), respectfully objects to Plaintiff's Motion for Extension of Deadlines on the grounds that there is no good cause to extend the deadlines contained in the Court's Order of September 24, 2003. Safeco objects to Plaintiff's motion because: 1) except for Defendant's Motion for Summary Judgment, the parties' anticipated motion practice is complete; and 2) extensive discovery has been conducted and no additional discovery is anticipated. In support of this Motion, Defendant states as follows: 1. Plaintiff filed his Amended Motion to Proceed as Collective Action under

the FLSA on June 9, 2003. Safeco filed its opposition memorandum of law on June 16, 2003. The Court denied Plaintiff's motion in its Memorandum of Decision dated July 15, 2003. 2. Plaintiff filed his Motion for Class Certification pursuant to Rule 23 on

September 5, 2003. Safeco filed its opposition memorandum on October 14, 2003. Plaintiff ORAL ARGUMENT NOT REQUESTED

Case 3:02-cv-02239-DJS

Document 101

Filed 12/04/2003

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filed his Reply to Defendant's Opposition to Motion for Class Certification on November 28, 2003. Plaintiff's Motion for Class Certification is presently pending before the Court. 3. Other than Defendant's Motion for Summary Judgment, the parties'

anticipated motion practice is complete. 4. There are no outstanding discovery motions in this case. The parties have

conducted extensive discovery in this matter and no additional discovery is anticipated. 5. Plaintiff also moved for an extension of the Court's pretrial deadlines in

the companion case, Mike v. Safeco Ins. Co., No. 3:03 CV 539 (DJS). Safeco did not object to Plaintiff's motion in that case because there is additional motion practice and discovery to be completed. 6. Defendant is prepared to file its Motion for Summary Judgment on or

before February 9, 2004. Plaintiff's opposition memorandum would not be due until early March, after Attorney Pantuso is scheduled to return to work. WHEREFORE, Safeco respectfully objects to Plaintiff's Motion for Extension of Deadlines dated November 25, 2003 THE DEFENDANT, SAFECO INSURANCE COMPANY OF AMERICA

BY:____________________________________ Margaret J. Strange (ct 08212) James F. Shea (ct 16750) JACKSON LEWIS LLP 55 Farmington Avenue Hartford, CT 06105 Ph. (860) 522-0404 Fax (860) 247-1330

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Document 101

Filed 12/04/2003

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CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing was sent via first class mail, postage prepaid, on this 4th day of December 2003, to the following counsel of record:

Anthony J. Pantuso III, Esq. Hayber & Pantuso, LLC 221 Main Street, Suite 400 Hartford, CT 06106 Ph. (860) 522-8888

William Madsen, Esq. Madsen Prestley & Parenteau LLC 44 Capitol Avenue, Suite 201 Hartford, CT 06106 Ph. (860) 246-2466

____________________________________ Margaret J. Strange
H:\Client Folder\S\Safeco\Mike\Pld\Objection to Extend Deadlines.doc 64406

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