Martinez v. Ferguson Library et al

Filing 34

Martinez v. Ferguson Library et al

Doc. 34

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSE ERNESTO MARTINEZ, an individual, Plaintiff, vs. THE FERGUSON LIBRARY a division of the City of Stamford, and ERNEST DIMATTIA, the President in his Official Position Defendants. : : : : : : : : : : : : : :

CIVIL ACTION NO. 3:07-cv-01212 (VLB)

FEBRUARY 22, 2008

PLAINTIFF'S THIRD CONSENTED TO MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS COMES NOW, Plaintiff, by and through undersigned counsel, hereby files its Third Consented To Motion for an Extension of Time to Respond to Defendants' Motion to Dismiss and as grounds for this Motion, state the following: 1. Plaintiff filed his Complaint on August 8, 2007; and subsequently served Defendants,

on August 24, 2007. 2. 2007. 3. On December 11, 2007, the Court granted Plaintiff's Unopposed Motion for an Defendants timely filed their Motion to Dismiss the Complaint on November 29,

Extension of Time to Respond to Defendant's Motion to Dismiss until January 9, 2008. 4. On January 2, 2008, the Court granted Plaintiff's second request for an extension of

time to respond to Defendant's Motion to Dismiss until February 23, 2008. 5. However, the parties are still negotiating settlement, finalizing the agreement, have

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exchanged drafts of the terms and expect to have a completed settlement agreement within ten (10) business days. 6. Accordingly, Plaintiff, with Defendants' consent, now asks this Court to grant a ten

(10) business day extension of time through and including March 10, 2008, to respond to Defendants' Motion to Dismiss. 7. 8. 9. This motion is filed in good faith and not for the purposes of delay. Granting this motion will not prejudice any of the parties to this action. Plaintiff contacted counsel for Defendants regarding this motion and Defendants have

consented to this extension. WHEREFORE, Plaintiff, Jose Ernesto Martinez, respectfully requests this Court enter an Order Granting Plaintiff a ten (10) business day extension of time to respond to Defendants' Motion to Dismiss up to and including March 10, 2008, and for such other relief as it deems necessary, just and proper.

Respectfully Submitted, KU & MUSSMAN, P.A. Attorneys for Plaintiff 11098 Biscayne Blvd., Suite 301 Miami, FL 33161 Tel: [phone] Fax: [phone] [e-mail] By:/s/ Ioannis A. Kaloidis 2

Ioannis A. Kaloidis (ct25510) KU & MUSSMAN, P.A. Attorneys for Plaintiff Of Counsel 141 East Main Street P.O. Box 2242 Waterbury, CT 06722-2242 Tel: [phone] Fax: [phone] [e-mail] CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail to: Loraine M. Cortese-Costa, Esq., and Michel Bayonne, Esq., Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. , 1057 Broad St., Bridgeport, CT 06604 on this 22nd day of February, 2008. By:/s/ Ioannis A. Kaloidis Ioannis A. Kaloidis (ct25510)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSE ERNESTO MARTINEZ, an individual, Plaintiff, vs. THE FERGUSON LIBRARY a division of the City of Stamford, and ERNEST DIMATTIA, the President in his Official Position Defendants. : : : : : : : : : : : : : :

CIVIL ACTION NO. 3:07-cv-01212 (VLB)

ORDER GRANTING PLAINTIFF'S THIRD CONSENTED TO MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS THIS CAUSE, having come before the Court upon Plaintiff's, Jose Ernesto Martinez, Third Consented To Motion for an Extension of Time to Respond to Defendants' Motion to Dismiss, and the Court being fully advised in the premises. IT IS HEREBY ORDERED AND ADJUDGED that said Motion is GRANTED. DONE AND ORDERED in Chambers this day of , 2008.

UNITED STATES DISTRICT JUDGE cc: All counsel of record

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