Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:02-cv-00718-RNC

Document 211

Filed 12/29/2005

Page 1 of 4

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT : : : : : : : : : : : : : : : :

LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually Plaintiffs, V. JOSEPH J. CATANIA, M.D. Defendant and Third-Party/ Apportionment Plaintiff, V. FRANK KESSLER, M.D. Third-Party/Apportionment Defendant.

CIVIL ACTION NO. 3:02 CV 718 (RNC) (DFM)

DECEMBER 28, 2005

MOTION FOR EXTENSION OF TIME The defendant/third-party/apportionment plaintiff, Joseph J. Catania, M.D., hereby moves for a 20-day extension of time, up to and including January 20, 2006, to disclose expert witnesses as to the apportionment defendant, Frank J. Kessler, M.D. In support of this motion, Dr. Catania represents that the deposition of Dr. Kessler which was begun on September 15, 2005 had to be kept open and was only completed on December 15, 2005. Due to the substance of Dr. Kessler's testimony and production of his office records, the undersigned defendant/third-party/apportionment plaintiff requires the extension of time to provide his experts with all pertinent information and documentation.

10858.0123
One Goodwin Square 225 Asylum Street Hartford, CT 06103

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-00718-RNC

Document 211

Filed 12/29/2005

Page 2 of 4

While Dr. Catania is mindful of the Court's hesitancy to grant an extension of time due to the age of the case, Dr. Catania wishes to remind the Court that he was brought into the case less than one year ago, with the plaintiffs' filing of the Second Amended Complaint on March 14, 2005. Moreover, the Apportionment Complaint against Dr. Kessler was filed on June 30, 2005, after the Superseding Scheduling Order Regarding Case Management dated June 6, 2005, which set the December 30, 2005 deadline for the defendant's discloser of expert witnesses. Therefore, it is unclear that the Court intends that Dr. Catania, in his role as third party/apportionment plaintiff, disclose expert witnesses, as against Dr. Kessler, the apportionment defendant, by the same December 30, 2005 deadline. This is the second Motion for Extension of Time filed by Dr, Catania to disclose an expert witness as to as to the apportionment defendant, Frank J. Kessler, M.D. The first motion, filed on December 22, 2005, was denied without prejudice for failure to comply with Local Rule 7 (b) on December 23, 2005. Attorney Andrew Neubardt, counsel for Dr. Kessler, was contacted on December 27, 2005 by telephone. He voiced no objection to this motion. The offices of Attorney Joseph Lanni, counsel for Laura Guigliano, was contacted with regard to this motion on December 27and 28, 2005 by telephone and email. Attorney Lanni's office has not responded.

-2One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-00718-RNC

Document 211

Filed 12/29/2005

Page 3 of 4

WHEREFORE, the defendant/third-party/apportionment plaintiff, Joseph J. Catania, M.D., respectfully moves for a 20-day enlargement of time up to and including January 20, 2006 within which to disclose his expert witnesses against the apportionment defendant, Frank J. Kessler, M.D.

DEFENDANT/THIRD-PARTY/ APPORTIONMENT PLAINTIFF JOSEPH J. CATANIA, M.D. By

One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103 His Attorneys

Timothy J. Grady HALLORAN & SAGE LLP Fed. Bar #ct26730

-3One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:02-cv-00718-RNC

Document 211

Filed 12/29/2005

Page 4 of 4

CERTIFICATION This is to certify that on this 28th day of December 2005, I hereby mailed a copy of the foregoing to: Joseph Lanni, Esq. 138 Chatsworth Avenue, Suites 6-8 Larchmont, NY 10538 For the Plaintiff Eric J. Stockman, Esq. Maureen Sullivan Dinnan, Esq. Nancy A. Meehan, Esq. Michael D. Neubert, Esq. Neubert Pepe & Montieth, P.C. 195 Church Street New Haven, CT 06510 For the Defendant Danbury Hosp. Andrew Neubardt, Esq. Rende, Ryan & Downes, LLP 202 Mamaroneck Road White Plains, NY 10601 For the Third-Party/Apport.-Defendant Kessler _____________________ Timothy J. Grady Scott F. Morgan, Esq. Weiner Millo & Morgan, LLC 220 Fifth Avenue, 7th Floor New York, NY 10001 For the Plaintiff Kevin Tepas, Esq. Beverly J. Hunt, Esq. Ryan, Ryan Johnson & Deluca, LLP 80 Fourth Street Stamford, CT 06905 For the Defendants Danbury Surgical Associates, P.C. and Borruso

771343v.1

-4One Goodwin Square 225 Asylum Street Hartford, CT 06103 Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105