Biediger et al v. Quinnipiac Univ

Filing 113

First MOTION for Extension of Time until 3/15/10 First Unopposed Motion for Extension of Time to Oppose Plaintiffs' Motion for Class Certification to Oppose Plaintiffs' Motion for Class Certification 107 MOTION to Certify Class by Quinnipiac Univ. (Friedfel, Susan)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ----------------------------------STEPHANIE BIEDIGER, KAYLA LAWLER, ERIN OVERDEVEST, and KRISTEN CORINALDESI, and LOGAN RIKER, individually and on behalf of all those similarly situated; and ROBIN LAMOTT SPARKS, individually., X : : : : : : : : : Plaintiffs, : : against : : QUINNIPIAC UNIVERSITY, : : Defendant. ----------------------------------- X

CIVIL ACTION NO: 3:09-CV-00621 (SRU)

February 16, 2010

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO OPPOSE PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Pursuant to D. Conn. L. Civ. R. 7(b), Defendant, Quinnipiac University, hereby respectfully requests that this Court extend its time to respond to Plaintiffs' Motion for Class Certification until March 15, 2010. Defendant's opposition is currently due February 22, 2010. On February 1, 2010, Plaintiffs served Defendant with its Motion for Class Certification. The motion, however, is incomplete. As noted in footnote 4 on page 20 of the Plaintiffs' Memorandum of Law in Support of Motion for Class Certification, the named plaintiffs did not filed any declarations with the motion, and they still have not served or filed any such declarations to date. Plaintiffs' counsel has advised defense counsel that he will provide the declarations shortly but has not identified a particular date. Furthermore, the motion raises issues as to three separate areas, participation, scholarship support, and "benefits", which

implicate at least two distinct classes. Responding to the motion will require substantial factual research and legal analysis of the Plaintiffs' claims and their ability to bring the claims as a class action. In addition, defense counsel is going to be away on vacation for a week in February. For these reasons, Defendant requests a three-week extension of time. Plaintiffs' counsel consents to this extension. This is the first request for an extension of time. WHEREFORE, Defendant respectfully requests that this Motion be granted. Dated: February 16, 2010 PROSKAUER ROSE LLP By: _/s/ Susan D. Friedfel _______ Edward A. Brill Federal Bar No. phv015747 Susan D. Friedfel Federal Bar No. phv03585 1585 Broadway New York, NY 10036 Tel: [phone] Fax: [phone] [e-mail] [e-mail] WIGGIN AND DANA Mary Gambardella, Esq. Federal Bar No. ct05386 400 Atlantic Street Stamford, CT 06911-0325 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on February 16, 2010, a copy of the foregoing Defendant's First Motion for Extension of Time to Oppose Plaintiffs' Motion for Class Certification was filed electronically. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

_/s/ Susan D. Friedfel_____ Susan D. Friedfel Federal Bar No. phv03585

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