Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv—00705—CFD Document 126 Filed 01/10/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
: Case No. 3:00 CV 705 (CFD)
in re PE Corporation Securities Litigation
JANUARY 10, 2005
MOTION ON CONSENT FOR EXTENSION OF
SUMMARY JUDGMENT BRIEFING SCHEDULE
Plaintiffs David Berlin and Vinh Vuong ("plaintiffs”), through their undersigned
counsel, hereby move pursuant to Federal Rule of Civil Procedure 6(b) for an extension
of the summary judgment motion briefing schedule. ln support of this motion, plaintiffs
represent: .
l. On December 2l, 2004, defendants filed their motion for summary
judgment, which plaintiffs intend to oppose. Pursuant to Local Rule 7(a), plaintiffs’
memorandum in opposition to defendants’ motion is due to be filed with the Court by
January ll, 2005.
2. Defendants’ motion for summary judgment is 40 pages in length and
raises numerous factual and legal issues. In addition, defendants have referenced 55
exhibits in their motion, totaling hundreds o l' pages of documentary evidence, which
require careful analysis by plaintiffs’ counsel. ln order for plaintiffs to properly address
the arguments raised in defendants motion, plaintiffs require additional time to file their
opposition. Accordingly, plaintiffs request an extension to, and including, February ll,
2005, to file their memorandum in opposition to detendants’ motion. Defendants’ reply
brief will be filed on March 18, 2005.

Case 3:00-cv—00705—CFD Document 126 Filed 01/10/2005 Page 2 of 4
3. Plaintiffs counsel have conferred with defendants counsel concerning the
request to extend the time by which plaintiffs must tile their opposing memorandum and
defendants counsel have consented to the request. Moreover, in light of the summary
judgment motion, the parties have agreed to a new expert discovery schedule.
RELIEF REQUESTED
Based on the foregoing, plaintiffs respectfully request that the Court issue an
Order extending the time by which plaintiffs must file their memorandum in opposition
to defendants motion for summary judgment to, and including, February 11, 2005, and
the time by which defendants must tile their reply brief to, and including, March 18,
2005. Consequently, (i) defendants shall designate all trial experts and serve their reports
pursuant to Fed. R. Civ. P. 26(a)(2) by February 11, 2005, (ii) defendants shall depose
plaintiffs experts during the week of February 21, 2005, (iii) plaintiffs shall designate all
rebuttal experts, if any, and serve their reports pursuant to Fed. R. Civ. P. 26(a)(2) by
March 21, 2005, (iv) plaintiffs shall depose defendants experts during the week of April
4, 2005, and (v) defendants shall depose plaintiffs rebuttal experts during the week of
April 18, 2005.
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Case 3:00-cv—00705—CFD Document 126 Filed 01/10/2005 Page 3 of 4
PLAINTIF F S DAVID BERLIN AND VINH
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By: Ei 5
David A. Slossberg (C'l`l3 l l6)
Brian C. Fournier (C'l`l6272)
Hurwitz, Sagarin & Slossberg, LLC
147 North Broad Street
P.O. Box 112
Milford, CT 06460
(203) 877-8000
Liaison Counsel for Lead Plaintifls
—and-
L Sanford P. Dumain (CT08l38)
Lee A. Weiss (pro Imc vice)
Carlos F. Ramirez (pro imc vice)
l\/lilberg Weiss Bersliad & Schulman LLP
One Pennsylvania Plaza
New York, NY l01 19
(212) 594-5300
Lead Counsel for Plaintiffs

Case 3:00-cv—00705—CFD Document 126 Filed 01/10/2005 Page 4 of 4
CERTIFICATION
This is to certify that a eopy of the foregoing Motion on Consent for Extension of
Summary Judgment Briefing Schedule was served by facsimile, and first class mail,
on January 10, 2005, on the following:
Stanley A. Tvvardy, J rg, Esq. Michael J. Chepiga, Esq.
Thomas D. Goldberg, Esq. Robert A. Bourque, Esq.
Terence J. Gallagher, Esq. William M. Regan, Esq.
Day, Berry & Howard LLP Simpson Thaeher & Bartlett LLP
One Canterbury Green 425 Lexington Avenue
Stamford, CT 06901 New York, NY 10017
Counsel for Defendants Counsel for Defendants
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Brian C. Fournier
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