Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:00-cv-00705-CFD

Document 148

Filed 05/25/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

In re PE Corporation Securities Litigation

: : : Master File No. 3:00 CV 705 (CFD) : : MAY 24, 2005 : :

MOTION ON CONSENT TO MODIFY DISCOVERY SCHEDULE Pursuant to the provisions of Local Rule 7(b), defendant PE Corporation (n/k/a Applera Corporation), Tony L. White, Dennis L. Winger, and Vikram Jog hereby respectfully move this Court for a short extension of the discovery deadline. In support of this motion, defendants represent as follows: 1. The Court's Ruling on Plaintiffs' Motion to Compel dated April 8, 2005 granted a

45-day extension of the discovery cut-off from the date of that ruling for the sole purpose of deposing Dr. Francis Collins of the National Institutes of Health. 2. The deposition of Dr. Collins had been scheduled for earlier this month but

scheduling conflicts prevented it from going forward at that time. 3. 4. Dr. Collins' deposition has been rescheduled for June 15, 2005. Counsel for defendants has inquired of counsel for plaintiffs who consent to the

relief requested by this motion. The parties have entered into a Stipulation reflecting this agreement attached hereto as Exhibit A. 5. Pursuant to Local Rule 7(a), as this motion does not involve a disputed issue of

lat, this motion is not accompanied by a written memorandum of law.

ORAL ARGUMENT NOT REQUESTED

Case 3:00-cv-00705-CFD

Document 148

Filed 05/25/2005

Page 2 of 3

RELIEF REQUESTED WHEREFORE, Defendants respectfully request an extension of the discovery cut-off for the sole purpose of taking the deposition of Dr. Francis Collins on June 15, 2005. DEFENDANTS PE CORPORATION, TONY L. WHITE, DENNIS L. WINGER and VIKRAM JOG By: ___________/s/________________ Stanley A. Twardy, Jr. (ct05096) Thomas D. Goldberg (ct04836) Terence J. Gallagher (ct22415) Day, Berry & Howard LLP One Canterbury Green Stamford, CT 06901 (203) 977-7300 (203) 977-7301 (fax) and Michael J. Chepiga (ct01173) Robert A. Bourque (ct05269) William M. Regan (ct25100) Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY 10017 (212) 455-2000 Their Attorneys

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Case 3:00-cv-00705-CFD

Document 148

Filed 05/25/2005

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was sent by first class mail this 24th day of May, 2005, to:

J. Daniel Sagarin, Esq. Hurwitz, Sagarin & Slossberg, LLC 147 N. Broad Street P.O. Box 112 Milford, CT 06460 Liaison Counsel

Sanford P. Dumain, Esq. Carlos F. Ramirez, Esq. Milberg Weiss Bershad & Schulman LLP One Penn Plaza ­ 49th Floor New York, NY 10119 Lead Counsel for Plaintiffs

__________________/s/__________________ Terence J. Gallagher

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