Smalls v. Corrections

Filing 35

ORDER & NOTICE. See attached. Signed by Judge Donna F. Martinez on 1/6/12. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
STEPHEN SMALLS,

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Plaintiff,
v.
STATE OF CONNECTICUT
DEPARTMENT OF CORRECTION,
Defendant.

CASE NO. 3:10cv962(DFM)

NOTICE
On May 25, 2011, the defendant filed a motion for summary
judgment.

(Doc. #26.)

was due within 21 days.

The plaintiff's opposition to the motion
See D.Conn.L.Civ.R. 7.

On June 3, 2011,

plaintiff's counsel filed a motion for an extension of time until
July 13, 2011 in which to file an opposition to the summary
judgment motion.1
motion.

(Doc. #27.)

(Doc. #28.)

The court granted the plaintiff's

On July 13, 2011, plaintiff's counsel filed

a second motion for extension of time seeking an extension until
August 13, 2011 in which to file an opposition to the defendant's
motion for summary judgment.

(Doc. #29.)

Plaintiff's counsel

stated that the extension was necessitated by "difficulties in
obtaining cooperation from the plaintiff who is undergoing severe
emotional stress due to marital issues and the burden of long term
unemployment."

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(Doc. #29.)

The court granted the motion.

(Doc.

Rule 7 of the Local Civil Rules of the United States District
Court for the District of Connecticut states that "all memoranda in
opposition to any motion shall be filed within twenty-one (21) days
of the filing of the motion."

#30.) On August 11, 2011, plaintiff's counsel filed a third motion
for extension of time seeking an extension until September 2, 2011.
(Doc. #31.)

As grounds for the request, plaintiff's counsel

reiterated the "difficulties in obtaining cooperation from the
plaintiff who is undergoing severe emotional stress due to marital
issues and the burden of long term unemployment."

(Id.)

Counsel

also indicated that he submitted a settlement proposal to the
defendant, which was pending. (Doc. #31.) The court again granted
the plaintiff's request for more time.

(Doc. #32.)

12,

a

2011,

plaintiff's

counsel

filed

fourth

On September

motion

for

an

extension of time seeking an extension until October 20, 2011.
(Doc. #33.)

The motion stated in pertinent part that:

The request is based upon the difficulties in obtaining
cooperation from the Plaintiff who is undergoing severe
emotional stress due to marital issues and the burden of
long term unemployment. . . . Counsel cannot be more
specific as to the basis of this request without
violating client confidences or prejudicing successor
attorney should one choose to enter the case. . . .
Counsel requests an extension until October 20th in order
to afford the plaintiff an
opportunity to obtain a
successor attorney because counsel has informed the
plaintiff of his intention to withdraw his appearance or
in the alternative to withdraw the case. . . . The reason
the extension requested is so long is to afford the
plaintiff ample time to obtain other counsel or authorize
withdrawal of the action.
The court granted the plaintiff's motion.

The court's order

stated that "The plaintiff is advised that no further extensions of
this deadline shall be granted."

(Doc. #34.)

Plaintiff's counsel has not filed anything further.

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He has

not filed either a motion to withdraw as counsel or a motion to
withdraw the case. Plaintiff's counsel has not filed an opposition
to the motion for summary judgment and the deadline has passed.
The defendant's motion for summary judgment is ripe for decision.
Plaintiff's counsel shall provide his client with a copy of
this order.
SO ORDERED at Hartford, Connecticut this 6th day of January,
2012.
___________/s/________________
Donna F. Martinez
United
States
Magistrate
Judge

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