Free Motion for Leave to File - District Court of Connecticut - Connecticut

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FRANK c. SOMOHANO, SR. : CIVIL NO. 3:02cv02196(AwT)
Plaintiff
VS. :
UNITED STATES OF AMERICA J
Defendant : July 7, 2004
MOTION FOR LEAVE TO FILE sEc:oND AMENDED FORM 26(F) REPORT
OF PARTIES’ PLANNING MEETING
Pursuant to Fed. R. Civ. P. 6(b), 16(b) and 26(f) the plaintiff through his
attorney hereby moves the Court 1:o enter a second amended Report of Parties
Planning Meeting pursuant to Fed. R. Civ. P. 26(f), and respectfully represents:
1. The above-captioned matter was commenced by complaint filed against
the United States of America on December 12, 2002.
2. On or about March 21, 2003 the parties filed a Form 26('D Report that the
Court ordered on March 26, 2003. Discovery was to be completed by June 30,
2004.
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5 ase 3:02-cv-O219Ea%WT Document 24 Filed 07/OE)/$004 Page 2 of 4
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W 3. On January 27, 2004, the plaintiff, with consent of the government, filed Ia l
4 motion for leave to file amended Form 26(f) report that the Court granted on Feb. ,
20, 2004. {
4. Since last December, the parties have had a dispute regarding production F
of documents that has prevented discovery from being completed. The plaintiffs
motion to compel, dated Dec. 17, 2003, was transferred to Magistrate Garfinkel.
5. On May 19, 2004 Magistrate Garfinkel ordered the pIaintiff’s motion to
compel denied without prejudice to renewal in order to allow counsel to confer on a
confidentiality order which would permit disclosure of information at issue without
unduly infringing upon privacy concerns. I
6. The Plaintiffs medical condition has been unstable for most of 2003 and
2004; he has undergone total knee replacement surgery. He has not reached a
point of maximum medical improvement, and it is unclear whether or to what extent
either or both of these conditions are causally related to injuries sustained in the
underlying alleged assault.
7. Once the present discovery issue has been resolved, further production of I
documents by the defendant may be forthcoming, and the parties should be able to
proceed with completing discovery. N
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( ase 3:02-cv-O219€=AWT Document 24 Filed 07/O€!5004 Page 3 of 4
‘ 8. Accordingly the plaintiff again moves for the Court to permit the filing ofna
modified Report pursuant to Fed. R. Civ. 26(f) with dates for completion of discovery
extended approximately six additional months, as attached hereto. The plaintiff’s
attorney has consulted with Assistant U.S. Attorney Lauren Nash for the defendant,
and she consents.
THE PLAINTIFF,
FRANK C. SOMOHANO, SR.
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Kenneth E. Lenz, His orney
Federal Bar #: ct064
The Lenz Law Firm, L.L.C.
35 Old Tavern Rd., P.O. Box 965 ‘
Orange, CT 06477-0965 ’
Tel.: (203) 891-9800
CERTIFICATION OF SERVICE
Service of the foregoing motion for leave to file amended report is hereby certified
via first class mail on this 7m day of July, 2004 to Assistant U.S. Attorney Lauren l\/l.
Nash, P.O. Box 1824, New Haven, CT 06508 and Attorney Cynthia L. Tyler, Dept.
of Veterans Affairs, 555 Willard Ave., Newington, CT 06111. ]
Kenéeth E. Lenz, #ct0§é19 i
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4 ase 3:02-cv-O219€=AWT Document 24 Filed 07/29/$004 Page 4 of 4
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4 UNITED STATES DISTRICT COURT
0 D4STR4cT 04= CONNECTICUT
FRANK 0. SOMOHANO, SR. 4 civu. ND.; :»,40zcv0z1SS(Sr.e4
PLAINTIFF 4
VS.
UNITED STATES OF AMERICA 4
DEFENDANT 4
ORDER RE: LEAVE TO4 FILE AMENDED FORM 26(F) REPORT
The plaintiffs motion for leave to file an amended Form 26(f) Report having
come before this Court after due service upon and with the consent of the United
States of America, and cause hav4ng been shown, it is accordingly, ORDERED:
That the motion and the appended Second Amended Form 26(f) Report of
Parties Planning Meeting is hereby:
GRANTED 4 DENIED .
By the Court: 4
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Dated: , 2004 4
United States District Judge
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