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

Case 3:03-cv-00644-CFD

Document 253

Filed 12/22/2006

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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)

DECEMBER 22, 2006

JOINT MOTION FOR MODIFICATION OF SCHEDULING ORDER Defendants, National Union Fire Insurance Company of Pittsburgh, PA and AIG Technical Services, Inc. n/k/a AIG Domestic Claims, Inc., ("Defendants"), and Plaintiffs, David Gwynn, Raquel Gwynn, Bruce C. Ryan, Russell W. Newton, Robert Fitzpatrick, and Merit Capital Associates, Inc. ("Plaintiffs"), hereby jointly move for a modification of the Scheduling Order.

Case 3:03-cv-00644-CFD

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The reasons for the joint request to modify the scheduling order are as follows: 1. The deadline for fact discovery to be completed under the current scheduling

order is December 31, 2006. This deadline was extended from September 29, 2006 after the parties jointly requested a modification to the scheduling order because of numerous depositions that still needed to be completed. 2. Since September 1, 2006, the parties have attempted to complete the numerous

depositions by the December 31, 2006 deadline. Indeed, since that date, counsel for both Plaintiffs and Defendants have flown throughout the country and have taken nine (9) depositions, and anticipate taking four (4) additional depositions by year end. additional depositions include: These

(1) one additional 30(b)(6) representative for AIG; (2)

Michael Sowell; (3) Donald Wilson; and (4) Janenne Lackey. 3. The parties have encountered certain scheduling conflicts with respect to the

remaining depositions that need to be taken out of state. These additional depositions include Jeffrey King and William Federman. 4. The parties have agreed that no further depositions will be noticed except by

agreement of the parties or by Court order, except as noted in Paragraph 5 below. 5. AIG has objected to certain areas of inquiry noted on the notice of deposition

of the 30(b)(6) representative scheduled for December 19, 2006. If the Court should overrule these objections and order a continued deposition, then AIG will not object to having the continued deposition taken after December 31, 2006 and prior to February 28, 2006.

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Case 3:03-cv-00644-CFD

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6.

The parties feel that the proposed deadlines set forth below are fair and

reasonable for all parties and will allow the parties to complete the remaining depositions. This is the fourth request for a modification of the scheduling order. 7. (1) (2) (3) (4) (5) (6) Plaintiffs and Defendants request the following schedule: February 28, 2007 March 16, 2007 April 20, 2007 May 18, 2007 June 22, 2007 July 23, 20071 Fact Discovery to be Completed Plaintiffs to Disclose Expert Witnesses Depositions of Plaintiffs' Experts Completed Defendants to Disclose Expert Witnesses Depositions of Defendants' Experts Completed Joint Trial Memorandum Filed

WHEREFORE, Defendants and Plaintiffs respectfully request that the Court grant their Joint Motion for Modification of the Scheduling Order, as outlined above.

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Or thirty (30) days following the ruling on any dispositive motions, whichever is later.

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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. ct24460 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 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] 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]

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CERTIFICATION I hereby certify that on December 22, 2006, a copy of the foregoing Joint Motion for Modification of Scheduling Order of David S. Samuels 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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