Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:03-cv-00945-CFD

Document 189

Filed 11/27/2006

Page 1 of 4

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)

NOVEMBER 27, 2006

ASSENTED TO REQUEST FOR MODIFICATION OF SCHEDULING ORDER The Plaintiffs, with the assent of the Defendants, hereby request that the Court modify the Scheduling Ordered entered on November 13, 2006 to extend the date for the filing of a Second Amended Complaint and Amended Class Certification motion and memorandum from November 29, 2006 to December 20, 2006, and extend the date for the Defendants to answer or otherwise respond to the complaint from January 15, 2007 to February 2, 2007. In support of this request, the Plaintiffs state as follows: 1. At the scheduling conference on October 26, 2006, the Plaintiffs requested an opportunity to file a Second Amended Complaint that would take account of the dispositive rulings the Court has entered to date in this case. The Plaintiffs believed that all dispositive motions had been ruled on, and that they were therefore in a position to file such an amended pleading. 2. At the time of the scheduling conference, however, the Court requested further submissions with respect to Olin's motions to dismiss, and by order dated November 13, 2006, has requested supplemental briefing by December 1, 2006.

Case 3:03-cv-00945-CFD

Document 189

Filed 11/27/2006

Page 2 of 4

3.

Because of the pending briefs on Olin's motions to dismiss, the Plaintiffs are not yet in a position to file a Second Amended Complaint that takes account of the Court's view of what claims remain in and what claims are out of the case.

4.

The Plaintiffs therefore request a postponement of the filing of the Second Amended Complaint until December 20, 2006, to which the Defendants agree. The Plaintiffs understand that it may or may not be possible for the Court to provide guidance on the remaining claims before that date.

5.

The Defendants have requested a corresponding extension of their response deadline to February 2, 2007, to which the Plaintiffs agree.

WHEREFORE, the Plaintiffs, with the assent of the Defendants, hereby respectfully request that the Court permit them until December 20, 2006 to file a Second Amended Complaint and Amended Class Certification motion and memorandum, and permit the Defendants to answer or otherwise respond on or before February 2, 2007.

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

Case 3:03-cv-00945-CFD

Document 189

Filed 11/27/2006

Page 3 of 4

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 189

Filed 11/27/2006

Page 4 of 4

CERTIFICATION I hereby certify that on this 27th day of November, 2006, a copy of the foregoing was served electronically and by first class U.S. mail, postage prepaid, upon all counsel of record, as follows:

Michael H. Wetmore, Esq. Joel B. Samson, Esq. Husch & Eppenberger, LLC 190 Carondelet Plz Ste 600 Saint Louis MO 63105-3433 Sandra K. Davis, Esq. Mark S. Baldwin, Esq. Brown Rudnick Berlack Israels LLP 185 Asylum St Fl 38 Hartford CT 06103-3408 Ann M. Catino, Esq. Joseph Fortner, Esq. Halloran & Sage, LLP One Goodwin Square 225 Asylum Street Hartford, CT 06103

/s/ Andrew Rainer Andrew. Rainer