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

Case 3:03-cv-00945-CFD

Document 164

Filed 03/10/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

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

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3:03-CV-945 (CFD)

MARCH 10, 2006

AGREED MOTION FOR NEW SCHEDULING ORDER The Plaintiffs, with the consent of the Defendants, hereby move that the Court defer the deadline for them to serve a revised Motion for Class Certification and expert Affidavits in support thereof, and schedule a Status Conference for entry of a new Case Management Order after the Court rules on Olin's Motions to Dismiss and for Summary Judgment. In Support of this request, the Movants state: 1. The Court recently entered a decision on the Motions to Dismiss and for Summary Judgment filed by the Town of Hamden. The Court stated that it was going to be entering a separate decision on the dispositive motions filed by Olin Corporation. 2. The Court's decision on the motions filed by the Town substantially affected the liability of the Town in this action. The Plaintiffs do not know whether the same will be true of the Court's decision on the motions filed by Olin. 3. Given the substantial time and expense entailed in completing the revised motion and expert affidavits, and given the possibility that the substance of those materials could be affected by the Court's ruling on Olin's motions, the Plaintiffs

Case 3:03-cv-00945-CFD

Document 164

Filed 03/10/2006

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seek to defer the completion of those materials until after the Court has ruled on Olin's motions. 4. The Plaintiffs request that the Court schedule a Status Conference after it rules on Olin's motions to establish a new Case Management Order in the case. 5. In further support of this request, the Plaintiffs note that several of the other deadlines in the current Case Management Order are based upon the completion of an investigation by Olin and the DEP of contamination in the Newhall neighborhood, and there have been several developments concerning that investigation since the Case Management Order was originally entered in 2003. 6. Plaintiffs have discussed this motion with counsel for the Defendants and the Defendants do not oppose the relief requested. WHEREFORE, Plaintiffs respectfully request that Court defer the deadline for them to serve a revised Motion for Class Certification and expert Affidavits in support thereof, and schedule a Status Conference for entry of a new Case Management Order after the Court rules on Olin's Motions to Dismiss and for Summary Judgment. THE PLAINTIFFS

By_/s/ Adam Blank Adam Blank, Esq. ct26554 [email protected] 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

Case 3:03-cv-00945-CFD

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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 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 164

Filed 03/10/2006

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CERTIFICATION I hereby certify that on this 10th day of March, 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