RE: Cynowa v. CSSS - Response to Summary Judgment

Peter,

You and I cannot agree to change the courtesy copy due date. The March 11 courtesy copy due date was set by the Court to accommodate its schedule. My clients do not want to be prejudiced by the Court not having sufficient time to study the papers and consider the issues. In addition, I and my colleagues working on the case have arranged our schedules to be able to file our reply by March 10 and get courtesy copies to the Court on March 11, and we have other matters to attend to in the days following those dates. If you had come to us earlier we could have had this discussion so that you would have recognized the limitations to the schedule that are clear to us.

If you are not going to accept my offer to give you an extension till tomorrow, then you should present an emergency motion tomorrow morning to Judge Maras (to whom the motion was assigned). She can let us know if pushing back the courtesy copy due date works for her schedule and we both can have the opportunity to share our concerns with her.

Kevin

From: Peter V. Bustamante [mailto:pvbust@ameritech.net]
Sent: Thursday, February 24, 2011 12:47 PM
To: Kevin Duff
Cc: 'Theresa V. Johnson'; jmurray@rddlaw.net; 'Haytham Faraj'; kpritchard@rddlaw.net
Subject: Re: Cynowa v. CSSS - Response to Summary Judgment

Thank you Kevin, but I suggest that if we come in on an agreed order revising the due dates for your reply and for courtesy copies, that will be acceptable to the court. The due date of courtesy copies is 3/11 the hearing is on 3/24, thirteen days later. I am sure that a couple of days is not unreasonable and that the court will have plenty of time to fully review our submissions.

Let me know.

Peter

----- Original Message -----

From: Kevin Duff

To: 'Peter V. Bustamante'

Cc: 'Theresa V. Johnson' ; jmurray@rddlaw.net ; 'Haytham Faraj' ; kpritchard@rddlaw.net

Sent: Thursday, February 24, 2011 12:37 PM

Subject: RE: Cynowa v. CSSS - Response to Summary Judgment

Peter,

Because courtesy copies of all the papers are due to the Court on March 11, which is one day after our reply is due, any extension to your client cannot be matched with a corresponding extension to my clients. There is no room for slippage in the schedule because of that date and the approaching trial date. We also want to make sure that the Court has sufficient time to consider all the papers before the hearing on the motion. You will remember that the Court moved the trial date in order to give you as much time as you needed to respond to our summary judgment motion and you picked today as your due date. Unfortunately, Theresa has a long-standing pattern of missing deadlines in this case. Under the circumstances, the most I can do is to agree to an extension until tomorrow. Please make sure to serve us by email with your response and all accompanying papers.

Kevin

From: Peter V. Bustamante [mailto:pvbust@ameritech.net]
Sent: Thursday, February 24, 2011 12:22 PM
To: Kevin Duff
Cc: Theresa V. Johnson
Subject: Cynowa v. CSSS - Response to Summary Judgment

Kevin, Theresa needs a couple more days to finish the response to your motion. May we have until Monday, by agreement and of course, extend your deadline by the same number of days? This will not change the hearing date. Please let me know. Thank you.

Peter

Peter V. Bustamante
150 North Michigan Avenue
Suite 690
Chicago, Illinois 60601
(312) 346-2072
(312) 346-2074 facsimile

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