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

Case 3:03-cv-00644-CFD

Document 85

Filed 06/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BRUCE CHARLES RYAN, RUSSELL WILLIAM NEWTON, ROBERT FITZPATRICK, and MERIT CAPITOL ASSOCIATES, INC. Plaintiffs, ) ) CIVIL ACTION NO. ) 3:03 CV 00644 (CFD) ) ) ) ) ) ) ) ) ) ) )

vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and AIG TECHNICAL SERVICES, INC., Defendants DAVID W. GWYNN, RAQUEL GWYNN AND GWYNN FINANCIAL SERVICES, INC.

) ) CIVIL ACTION NO. ) 3:03 CV 01154 (CFD) Plaintiffs, ) ) vs. ) ) NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA., and ) AIG TECHNICAL SERVICES, INC., ) ) Defendants ) ________________________________________________) JUNE 3, 2005 PLAINTIFFS' MOTION TO MODIFY SCHEDULING ORDER The plaintiffs David Gwynn, Raquel Gwynn and Gwynn Financial Services, hereafter "plaintiffs," through their counsel, respectfully move this Court to extend the deadlines in the Scheduling Order entered herein, by way of telephonic status conference on September 20, 2004

Case 3:03-cv-00644-CFD

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as follows:

October 1, 2005 October 15, 2005 November 30, 2005 November 30, 2005 January 15, 2006 February 1, 2006 April 1, 2006

Fact Discovery to be completed Plaintiffs to disclose their expert witnesses Depositions of plaintiffs' experts to be completed Defendants to disclose their expert witnesses Depositions of defendants' experts to be completed Dispositive motions to be filed Joint Trial Memorandum to be filed (if no dispositive motions; otherwise, 60 days after all dispositive motions have been ruled on)

The requested revision is necessary for the parties to complete discovery in this case. To date, plaintiffs and co-plaintiffs Merit Capital Associates, et al. (hereafter, "the Merit plaintiffs") have produced literally tens of thousands of pages of documents to defendants. Depositions of six witnesses have been taken. The parties have discussed their intention of deposing additional witnesses, which will likely require travel to Oklahoma City, Oklahoma; Phoenix, Arizona; and Eugene, Oregon. Moreover, there are outstanding discovery disputes that the parties are attempting to resolve without judicial intervention.

Case 3:03-cv-00644-CFD

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The schedule proposed above was circulated to counsel for all parties one week ago for comment or other input, in anticipation of filing this Motion. A communication was also sent by email this morning, advising counsel that the Motion would be filed today. Counsel to the Merit plaintiffs joins in this Motion. Counsel to the defendants has not objected to the modified dates proposed above.

PLAINTIFFS, DAVID GWYNN, RAQUEL GWYNN AND GWYNN FINANCIAL SERVICES, INC.

By__________________________________ Mario DiNatale (ct 12449) Jonathan M. Levine (ct 07584) Silver Golub & Teitell, LLP 184 Atlantic Street Stamford, CT 06904 (203) 325-4491 (203) 325-3769 (Fax) Email: [email protected] [email protected]

Case 3:03-cv-00644-CFD

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CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a copy of the foregoing was sent U.S. mail, postage prepaid on this 3rd day of June, 2005, postage prepaid, to: James R. Hawkins, II, Esq. Finn Dixon & Herling LLP One Landmark Square Stamford CT 06901 Peter M. Nolin, Esq. Sandak Hennessey & Greco LLP 707 Summer Street Stamford, CT 06905 ______________________________ MARIO DiNATALE