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

1 . _ IIase 3:02-cv-O2196yAWT Document 15 Filed O1/29/2004 Page 1 of 4
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I FRANK C. SOMOHANO, SR. : CIVIL NO. 3:02CV02196(GLG)
Plaintiff I
? VS. :
1 :
UNITED STATES OF AMERICA :
Defendant : January 27, 2004
MOTION FOR LEAVE TO FILE AMENDED FORM 26(F) REPORT '
OF PARTIES’ PLANNING MEETING 1
Pursuant to Fed. R. Civ. P. 6(b), 16(b) and 26(f) the plaintiff through his
attorney hereby moves the Court to enter an amended Report of Parties Planning 1
Meeting pursuant to Fed. R. Civ. P. 26(f). and respectfully represents: 1
1. The above-captioned matter was commenced by complaint filed against
the United States of America on December 12, 2002.
2. On or about l\/larch 21, 2003 the parties tiled a Form 26(f) Report that the
Court ordered on l\/Iarch 26, 2003. I
3. Said report called, inter alia , for a case management plan in which I
I discovery should be commenced by April 1, 2003 and completed by October 30,
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2003. 1
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if 4. The plaintiff commenced discovery by propounding his requests for
j production of documents on April 30, 2003. On June 10, 2003 the United States
i filed its objections and responses, raising a substantial discovery dispute which has
not yet been resolved.
5. On Dec. 17, 2003, after failing in attempts to resolve the discovery
l I dispute, plaintiffs attorney filed a motion for order compelling compliance with
l discovery. The United States has requested and been granted an extension of time
in which to respond to the Motion to Compel until Feb. 8, 2004.
6. The Plaintiffs medical condition has been unstable for most of 2003; he
has undergone certain psychiatric treatments, and 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 j
conditions are causally related to injuries sustained in the underlying alleged
assauh. l
7. Once the present discovery issue has been resolved, further production of l
documents by the defendant may be forthcoming, and the parties should be able to
proceed with completing discovery.
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W I 8. Accordingly the pla_intiff moves for the Court to permit the filing of a I I
1 modified Report pursuant to Fed. R. Civ. 28(f) with dates for completion of discovery
extended approximately nine months, as attached hereto. The plaintiffs attorney
has consulted with Assistant U.S. Attorney Lauren Nash for the defendant, and she
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consents.
i THE PLAINTIFF,
FRANK C. SOMOHANO, SR.
1 if Egg? M.)
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Ken"n h E. Lenz, His t ney
Federal Bar #: ct0641 i
The Lenz Law Firm, L.L.C.
35 Old Tavern Rd., P.O. Box 965 ,
Orange, CT 064710965 l
Tel.: (203) 891-9800 J
CERTIFICATION OF SERVICE
Service of the foregoing motion for leave to file amended report is hereby certified i
via first class mail on this 27* day of January, 2004 to Assistant U.S. Attorney
Lauren M. Nash, P.O. Box 1824, New Haven, CT 08508 and Attorney Cynthia L.
Tyler, Dept. of Veterans Affairs, 555 Willard Ave., Newington, CTUOG111.
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Kenne h E. Lenz, #ct064_j.9
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4 FRANK c. somoumvp, sn. ; civil. No.; 3:02cv02196(GLG)
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4 DEFENDANT E
onppn RE: LEAVE TO FILE Aiviizuppp Fonivi zairi Rppom 4
The plaintiffs motion for leave to file an amended Form 26(f) Report having
come before this Court after du service upon and with the consent of the United
States of America, and cause having been shovvn, it is accordingly, ORDERED;
The motion and the appended Amended Form 26(f) Report of Parties' 4
Planning Meeting is hereby:
emnfpp 4 pizivipp 4
By the Court:
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Senior U.S. District Judge 4
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