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

Case 3:03-cv-00945-CFD

Document 228

Filed 12/19/2007

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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. 19, 2007

JOINT MOTION TO EXTEND DISCOVERY The parties hereby move to extend the period for fact discovery in this case to a date to be set at the Scheduling Conference on January 4, 2008. In support of this motion, the parties state as follows: 1. The Court held a scheduling conference in this case on October 26, 2006, and

requested that the parties submit a joint case management order for the remaining proceedings in this case. The parties thereafter submitted an agreed upon scheduling order (Docket #186), which was approved by the Court on November 13, 2006 (Docket #188). 2. Under the terms of the Scheduling Order approved by the Court (copy attached),

the parties were to complete discovery and briefing on class certification in the summer of 2007, and also to proceed with fact discovery on other issues, which was to be completed by December 14, 2007. The Court scheduled a scheduling conference for January 4, 2008 to set dates for the completion of expert discovery and the filing of dispositive motions. 3. Consistent with the Scheduling Order, the parties completed discovery and

briefing on class certification issues, and appeared for a hearing on class certification on September 7, 2007.

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4.

The parties also initiated discovery on other issues in the spring of 2007, which

has been ongoing since that time. In particular, the defendant propounded interrogatories and document requests to the plaintiffs, and the plaintiffs propounded interrogatories, document requests, and requests for admission to the defendant. The plaintiffs have also subpoenaed records from third parties, and have noticed a Rule 30(b)(6) deposition of the defendant. 5. However, because of the age of the documents involved in the case, and the

number of different persons who hold those records, the completion of document discovery has required many months. The parties are only now nearing the point where they have all the relevant records and are just beginning deposition discovery. 6. The parties therefore request an extension of the period to conduct fact discovery

to a date to be set at the status conference on January 4, 2008 (anticipated to be four to six months). At the conference, the parties expect also to seek the Court's guidance on the time for briefing on summary judgment, including the defendant's pending motion for summary judgment, the time period for completion of expert discovery, and the extent to which any of these deadlines may be affected by the Court's ruling on class certification. WHEREFORE, the parties respectfully request that Court extend the period for fact discovery to a date to be set at the scheduling conference on January 4, 2008. 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

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Tele: (617) 722-8222 Fax: (617) 720-2320 David B. Zabel, Esq. ct01382 [email protected] Monte E. Frank, Esq. ct13666 [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

OLIN CORPORATION By__/s/ Omri Praiss___________ Michael Wetmore Joel Samson Omri Praiss Husch & Eppenberger, LLC 190 Carondelet Plz Ste 600 Saint Louis MO 63105-3433 (314) 480-1500 Mark S. Baldwin, Esq. Brown Rudnick Berlack Israels LLP 185 Asylum St Fl 38 Hartford CT 06103-3408

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CERTIFICATION I hereby certify that on this 19th day of December, 2007, a copy of the foregoing was served by electronic filing and by first class U.S. mail, postage prepaid, upon all counsel of record.

__/s/ Andrew Rainer________ Andrew A. Rainer