Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:03-cv—O1008-SRU Document 75 Filed O3/21/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
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HALOX TECHNOLOGIES, INC., I
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Plaintiff, I
Counterclaim Defendant I
v. I Civil Action No. 3:03CV0l008 (SRU)
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DRIPPING WET WATER, INC., I
RICHARD L. SAMPSON and I
ALLISON H. SAMPSON, I
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Defendants. I
Counterclaim Plaintiffs I
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PULSAFEEDER, INC. and IDEX CORP. I
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Additional Counterclaim I
Defendants I
CORRECTED JOINT MOTION TO AMEND THE SCHEDULING ORDER
On March 16, 2006, the parties tiled a Joint Motion to Amend the Scheduling Order,
however paragraphs 4 and 5 of said Joint Motion mistakenly requested modification to the
scheduling dates for expert rebuttal reports rather than the date set for the conclusion of all
discovery and all dispositive motions, respectively. The parties jointly move this Court to
modify the current scheduling order in accordance with this Corrected Joint Motion to Amend
the Scheduling Order.
As grounds therefore, the parties state that settlement discussions have recently taken
place to resolve this matter. Specifically, the parties recently discussed a resolution of this
matter that led to Defendants (also Counterclaim Plaintiffs) extending a written proposal to settle
this matter dated March 2, 2006. Plaintiff and Counterclaim Defendants responded with a

Case 3:03-cv—O1008-SRU Document 75 Filed O3/21/2006 Page 2 of 4
written ceunterpropesal dated March l0, 2006. The parties are continuing te discuss the
resolution of this matter. As the parties are currently making good faith efforts settle this matter,
the parties hereby jointly move this Court to amend the current scheduling order by extended the
deadlines by forty—five (45) days as follows:
l. Pursuant to the current Scheduling Order, the party bearing the burden of proof on a
particular claim to which an expert will be called to testify at trial shall designate all such trial
experts, exclusive of damages, and provide opposing counsel with reports from retained experts
pursuant to Fed.R.Civ.P 26(a)(2) by March 24, 2006. The parties hereby move this Honorable
Court to change the date upon which such expert reports are due to May 9, 2006.
2. Pursuant to the current Scheduling Order, damages analysis is to be provided by any
party who has a claim or counterclaim for damages by March 24, 2006. The parties hereby
move this Honorable Court to change the date upon which such damages analysis is due to May
9, 2006.
3. Pursuant to the current Scheduling Order, expert rebuttal reports are to be provided to
opposing counsel by April 7, 2006. The parties hereby move this Honorable Court to change the
date upon which such expert rebuttal reports are due to May 23, 2006.
4. Pursuant to the current Scheduling Order, all discovery, including depositions of
expert witnesses pursuant to Fed. R. Civ. P. 26(b)(4), is to be completed by May 8, 2006. The
parties hereby move this Honorable Court to change the date upon which all discovery is to be
completed to June 22, 2006.
5. Pursuant to the current Scheduling Order, dispositive motions are to be filed on or
before June 22, 2006. The parties hereby move this Honorable Court to change the date upon
which such dispositive motions are to be filed, to August 6, 2006.
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Case 3:03-cv—O1008-SRU Document 75 Filed O3/21/2006 Page 3 of 4
For Plaintiff and For Defendants and
Counte3>?:gaiintDefeiidants, Counterclaim Plaintiffs,
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Michael J. Rye ( 1 /354) Frank Frisenda, Jr. #’
Charles F. O’Bri n (éét 22074) Admitted Pro Hczc Vice
CANTOR COLBURN LLP Frisenda, Quinton & Nicholson
55 Griffin Road South 11601 Wilshire Blvd., Suite 500
Bloomfield, Connecticut 06002 Los Angeles, California 90025
Telephone: (860) 286-2929 Telephone: (702) 792-3910
Facsimile: (860) 286-0115 Facsimile: (702) 792-3604
Date: Date: Qgf
/
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Case 3:03-cv—O1008-SRU Document 75 Filed O3/21/2006 Page 4 of 4
CERTIFECATE OF SERVICE
I hereby certify that a true and accurate copy of the Corrected Joint Motion to Amend the
Scheduled Deadlines was served via facsimile and regular mail, postage prepaid, on this 20th day
of March, 2006 upon:
Edward R. Scofield, Esq.
Zeldes, Needle & Cooper, P.C.
1000 Lafayette Blvd., Suite 500
Bridgeport, Connecticut 06604
Facsimile: (203) 333-1489
Frank Frisenda, Jr.
Frisenda, Quinton & Nicholson
11601 Wilshire Blvd., Suite 500
Los Angeles, California 90025
Facsimile: (702) 792-3604 4
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7 l it it
By: { 5 T .
Michael J. Rye,
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