Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-00945-CFD

Document 229

Filed 12/21/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

CLARENCE R. COLLINS, JR., et al Plaintiffs, VS. OLIN CORPORATION, et al Defendants

: : : : : : : :

3:03-CV-945 (CFD)

DEC. 21, 2007

PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR A BRIEFING SCHEDULE The Plaintiffs respond as follows to Defendant Olin Corporation's Motion to Set a Briefing Schedule Regarding Olin's Pending Motion for Partial Summary Judgment: 1. Plaintiffs have previously set forth in their Motion to Stay Briefing (Docket #214)

their reasons for believing that briefing on defendant's motion for partial summary judgment should be stayed. 2. Plaintiffs continue to believe that the briefing schedule for summary judgment

should follow the completion of discovery on the merits, as was contemplated when the Court approved the current scheduling order on November 13, 2006 (Docket #188). 3. In further support of this position, Plaintiffs point out that discovery as to what

individual plaintiffs knew about the contamination and when is ongoing as part of fact discovery. For example, it was only on November 5, 2007 that the Defendant produced to Plaintiffs' counsel copies of the correspondence that it had with individual plaintiffs about contamination on their properties.

Case 3:03-cv-00945-CFD

Document 229

Filed 12/21/2007

Page 2 of 3

Accordingly, the Plaintiffs respectfully request that the Court defer briefing on summary judgment until after the completion of fact discovery. Respectfully submitted for the plaintiffs,

By_/s/ Andrew Rainer ____ Mark Roberts, Esq. [email protected] Andrew Rainer, Esq. Federal Bar #ct25938 [email protected] McRoberts, Roberts & Rainer LLP 53 State Street Boston, Massachusetts 02109 Tele: (617) 722-8222 Fax: (617) 720-2320 David B. Zabel, Esq. ct01382 [email protected] Monte E. Frank, Esq. ct13666 [email protected] Adam Blank [email protected] Cohen and Wolf, PC 1115 Broad Street Bridgeport, Connecticut 06604 Tele: (203) 368-0211 Fax: (203) 394-9901 Neil T. Leifer, Esq. [email protected] David C. Strouss, Esq. [email protected] Thornton & Naumes L.L.P 100 Summer Street, 30th Floor Boston, Massachusetts 02110 Tele: (617) 720-1333 Fax: (617) 720-2445

Case 3:03-cv-00945-CFD

Document 229

Filed 12/21/2007

Page 3 of 3

CERTIFICATION I hereby certify that on this 21st day of December, 2007 a copy of the foregoing was served electronically and by first class U.S. mail, postage prepaid, upon all counsel of record. /s/ Andrew Rainer Andrew. Rainer