Free Motion to Set Aside - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD

Document 264

Filed 01/22/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BRUCE CHARLES RYAN, RUSSELL WILLIAM NEWTON, ROBERT FITZPATRICK, and MERIT CAPITAL ASSOCIATES, INC., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and AIG TECHNICAL SERVICES, INC., Defendants, DAVID W. GWYNN and RAQUEL GWYNN, Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and AIG TECHNICAL SERVICES, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NUMBER: 3:03 CV 00644 (CFD)

CASE NUMBER: 3:03 CV 1154 (CFD)

JANUARY 22, 2007

DEFENDANTS' OBJECTION TO JANUARY 16, 2007 ORDER Pursuant to Fed. R. Civ. P. 72(a), defendants, National Union Fire Insurance Company of Pittsburgh, PA and AIG Technical Services, Inc. n/k/a AIG Domestic Claims Inc. ("AIG") (collectively, "Defendants") respectfully object to the Court's electronic order issued by Judge Magistrate Smith and dated January 16, 2007 (the "Order"). The Order provides as follows: ORDER denying [244] Motion for Protective Order. The court finds that the defendants have not met their burden of demonstrating good cause to issue a protective order. In re Agent Orange Prod. Liab. Litig., 821 F.2d 139, 145 (2d Cir. 1987). The defendants have failed to show that the continued deposition of AIG on particular subjects that may have been previously addressed to some degree would result in "oppression, or

Case 3:03-cv-00644-CFD

Document 264

Filed 01/22/2007

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undue burden or expense." Fed. R. Civ. P. 26(c). Signed by Judge Thomas P. Smith on January 16, 2007. (Slitt, M.) As discussed in Defendants' Motion For Protective Order and Memorandum of Law In Support of Defendants' Motion For Protective Order dated and filed on December 18, 2006, Defendants respectfully submit that permitting depositions to continue on topics that have already been repeatedly addressed in the discovery process is unreasonably duplicative and serves no purpose except to harass and cause undue burden and expense on AIG. Accordingly, Defendants respectfully object to the Order and ask the Court to set it aside.

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HFD_173457_1/DSAMUELS

Case 3:03-cv-00644-CFD

Document 264

Filed 01/22/2007

Page 3 of 4

DEFENDANTS/COUNTERPLAINTIFFS NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. and AIG TECHNICAL SERVICES, INC. ` By: /s/ David S. Samuels Mark B. Seiger Fed. Bar No. ct05580 David S. Samuels Fed. Bar No. ct 24460 Edwards Angell Palmer & Dodge LLP 90 State House Square Hartford, CT 06103-2715 Tel: (860) 525-5065 Fax: (860) 527-4198 Email: [email protected] Email: [email protected] John D. Hughes Massachusetts BBO # 243660 Edwards Angell Palmer & Dodge LLP 111 Huntington Avenue Boston, MA 02199 Tel: (617) 951-3373 Fax: (617) 439-4170 Email: [email protected] Donna M. Greenspan Florida Bar No.: 059110 Edwards Angell Palmer & Dodge LLP One North Clematis Street, Suite 400 West Palm Beach, FL 33401 Tel: (561) 833-7700 Fax: (561) 655-8719 Email: [email protected]

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HFD_173457_1/DSAMUELS

Case 3:03-cv-00644-CFD

Document 264

Filed 01/22/2007

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CERTIFICATION I hereby certify that on January 22, 2007, the foregoing Defendants' Objection To January 16, 2007 Order was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by email to all parties by operation of the court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this document through the court's CM/ECF System.

/s/ David S. Samuels David S. Samuels

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HFD_173457_1/DSAMUELS