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

Case 3:03-cv-01009-SRU

Document 108

Filed 12/12/2005

Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

JOSEPH ATTIAS & HAIM ATTIAS Plaintiffs

: : :

CIVIL NO. 3:03 CV 01009 (SRU)

PATRONS MUTUAL INSURANCE COMPANY OF CONNECTICUT Defendant

: : : DECEMBER 12, 2005

PLAINTIFFS' MOTION TO EXTEND PLAINTIFF'S DEADLINE TO DISCLOSE EXPERT WITNESS

The Plaintiffs Joseph & Haim Attias, hereby request through their counsel to extend the deadline for disclosing expert witnesses to disclosure as an expert witness Louis E. Ranciato of Executive Adjustment Services, LLC, in Durham, Connecticut in lieu of Darin R. Checchia, of Adjusters International in Albany, New York who was previously disclosed. Undersigned counsel faxed a request to defense counsel Heather Adams-Beman regarding the defendant's position on this motion. As of the time of filing, no response has been received. In support of this motion the plaintiff's assert the following: 1. 2. The deadline for disclosing expert witnesses expired on August 31, 2004. The pleadings in this case did not close until the plaintiffs filed a responsive pleading to the defendant's amended counterclaim on August 19, 2005. 3. No trial date has been scheduled for this matter.

Case 3:03-cv-01009-SRU

Document 108

Filed 12/12/2005

Page 2 of 3

4.

The plaintiffs had previously disclosed as an expert witness Darin R. Checchia of Adjusters International in Albany, New York.

5.

The defendant took the deposition of Mr. Checchia as a fact witness only, choosing never to explore his expert opinions as disclosed.

6.

The plaintiffs have determined that the geographic location of Mr. Checchia has impeded the plaintiff and counsel's ability to work as closely with Mr. Checchia as preferred, especially as a trial becomes more likely. This was not anticipated at the time of the original disclosure.

7.

Mr. Ranciato's geographic location makes him more available to work closely with plaintiffs' counsel as needed for an expert witness in this complicated matter.

8. 9.

Mr. Ranciato use as an expert witness would be in lieu of Mr. Checchia. Mr. Ranciato would be able to make himself available for deposition on reasonable notice by the defendants.

10.

On September 26, 2005 the plaintiffs filed a notice of disclosure of expert witness for Mr. Ranciato on the defendant, forwarding his complete report with said disclosure.

11.

The defendant in turn filed a motion to preclude on October 11, 2005 to which the plaintiffs file an objection on October 31, 2005

12.

No prejudice would result on allowing this substitution of experts as the defendant's never deposed Mr. Checchia as an expert and no trial has yet been scheduled in this matter.

13.

Prejudice would result to the plaintiffs if this substitution were not permitted.

2

Case 3:03-cv-01009-SRU

Document 108

Filed 12/12/2005

Page 3 of 3

14.

A copy of Mr. Ranciato's report and resume are attached hereto has exhibits A & B.

Undersigned counsel faxed a request to defense counsel Heather Adams-Beman regarding the defendant's position on this motion. As of the time of filing, no response has been received. .
THE PLAINTIFF,

BY Cheryl E. Heffernan Faver & Heffernan 2842 Old Dixwell Avenue Hamden, Connecticut 06518 Telephone: 203-288-8266 Facsimile: 203-288-4702 Fed Bar No.:CT 06473

CERTIFICATION
I hereby certify that a copy of the foregoing was sent by first class mail, postage prepaid this 12th day of December 2005, to: Joel J. Rottner, Esq. Heather Adams-Beman, Esq. Skelley Rottner P.C. PO Box 340890 Hartford, CT 06134-0890

Cheryl E. Heffernan

3