Kiefer v. Moran Foods, Inc.

MOTION for Extension of Time until December 6, 2012 to File Motion to Compel Discovery

D. Conn.November 20, 2012

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ROBERT G. KIEFER, individually and on behalf of all others similarly situated, Plaintiff, v. MORAN FOODS, INC., d/b/a SAVE A LOT LTD.; Defendant. ECF NO.: 3:12-CV-00756 (JCH) November 20, 2012 CONSENT MOTION FOR ADJOURNMENT OF DEADLINE TO COMPEL DISCOVERY Plaintiff Robert Kiefer, by and through his undersigned counsel, hereby moves for a two- week adjournment of the date by which Plaintiff must file a motion to compel discovery from Defendant. Pursuant to the Court’s Individual Practices, Plaintiff must move to compel discovery from Defendant within 30 days of receipt of Defendant’s objections and responses to Plaintiff’s discovery requests. An adjournment is necessary because Defendant requested, and Plaintiff agreed to, additional time to consider Plaintiff’s proposals to narrow his discovery requests and to produce documents. Plaintiff propounded written discovery on September 12, 2012. Responses and production of documents were originally due on October 15, 2012. After a meet and confer telephone conference on October 5, 2012, Plaintiff agreed to extend the time for Defendant to serve responses and objections to October 25, 2012 and to produce documents to November 11, 2012. Defendant served its responses and objections to Plaintiff’s document requests on October 25, 2012. The current date by which Plaintiff must move to compel Defendant to produce responsive documents is November 26, 2012. Case 3:12-cv-00756-JCH Document 99 Filed 11/20/12 Page 1 of 4 2 The parties met and conferred to discuss Defendant’s objections a second time on November 9, 2012. Although the parties were able to resolve several disputes during that meet and confer session, several outstanding disputes remain. Plaintiffs made proposals to narrow certain discovery requests during the November 9, 2012 meet and confer conference, and Defendants have advised Plaintiffs that they will provide a response to these proposals by November 30, 2012. Accordingly, if the parties are unable to resolve their disputes, Plaintiffs respectfully seek a ten-day adjournment of the date by which they must move to compel discovery from Defendant to December 6, 2012. This is the parties’ first request for an adjournment of this deadline. This adjournment will affect will not affect any dates other than the ones set forth herein. Dated: November 20, 2012 New York, New York Respectfully submitted, OUTTEN & GOLDEN LLP /s/ Justin M. Swartz OUTTEN & GOLDEN LLP Justin M. Swartz (pro hac vice) Cyrus E. Dugger (pro hac vice) Elizabeth Wagoner (pro hac vice) 3 Park Avenue, 29th Floor New York, New York 10016 Telephone: (212) 245-1000 Facsimile: (212) 977-4005 jms@outtengolden.com cdugger@outtengolden.com ewagoner@outtengolden.com THE HAYBER LAW FIRM, LLC Richard Hayber Erick I. Díaz Vázquez 221 Main Street, Suite 502 Hartford, CT 06106 Telephone: (203) 522-8888 Case 3:12-cv-00756-JCH Document 99 Filed 11/20/12 Page 2 of 4 3 Facsimile: (203) 915-9555 rhayber@hayberlawfirm.com ediaz@hayberlawfirm.com Attorneys for Plaintiffs, the Collective, and Class Case 3:12-cv-00756-JCH Document 99 Filed 11/20/12 Page 3 of 4 4 CERTIFICATION OF SERVICE I hereby certify that on November 20, 2012, a copy of Plaintiffs’ Consent Motion for Adjournment of Deadline to Compel Discovery was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system and by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s CM/ECF System. /s/ Justin M. Swartz Case 3:12-cv-00756-JCH Document 99 Filed 11/20/12 Page 4 of 4