Free Motion to Expedite - District Court of Connecticut - Connecticut

Case 3:01-cv-02198-PCD

Document 438

Filed 01/07/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SECURITY INSURANCE COMPANY OF HARTFORD, ) ) ) Plaintiff, ) ) v. ) ) TRUSTMARK INSURANCE COMPANY, ) ) Defendant. ) __________________________________________) ) TRUSTMARK INSURANCE COMPANY, ) ) Third Party Plaintiff, ) ) v. ) ) TIG INSURANCE COMPANY, ) ) Third Party Defendant. )

Civil No. 301CV2198(PCD)

JANUARY 7, 2005

TRUSTMARK INSURANCE COMPANY'S MOTION FOR EXPEDITED CONSIDERATION OF ITS MOTION TO COMPEL DOCUMENTS AND TESTIMONY FROM MESSRS. TOOTHMAN, LO, AND THIRKILL Defendant and Third Party Plaintiff, Trustmark Insurance Company ("Trustmark") hereby respectfully requests that this Court expedite the briefing and consideration of its Motion to Compel Documents and Testimony from Messrs. Toothman, Lo and Thirkill. In support of this motion, Trustmark states as follows: 1. On January 7, 2005, contemporaneous with the filing of this Motion, Trustmark

served on the parties to this litigation its Motion to Compel Documents and Testimony from Messrs. Toothman, Lo and Thirkill. 2. Third party Defendant TIG Insurance Company ("TIG") continues to refuse to

provide Trustmark the materials necessary to properly examine TIG's expert, Mr. Toothman,

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despite TIG's agreement to produce all documents on November 29, 2004 pursuant to a subpoena used for all experts, and even after Mr. Toothman's deposition on December 15, 2004. In addition, TIG refuses to allow discovery from Messrs. Lo and Thirkill, persons who collaborated with Mr. Toothman in preparing his expert report. 3. Trustmark's counsel attempted to confer with TIG's counsel to discuss TIG's refusal,

pursuant to Fed. R. Civ. Pro. 37(a)(2)(B) and Connecticut Local Rule 37(a)(2). (See Affidavit of Everett J. Cygal, attached to Trustmark's Motion to Compel.) 4. Trustmark has not delayed in filing its Combined Motion to Compel, but has

presented this matter to the Court following its conference with opposing counsel pursuant to Fed. R. Civ. Pro. 37(a)(2)(B) and Connecticut Local Rule 37(a)(2). 5. Discovery of TIG's expert was scheduled to be completed in this matter on December

15, 2004. Trustmark is entitled to complete the deposition of TIG's expert witnesses as soon as possible. Moreover, the discovery sought in Trustmark's Motion to Compel will impact

Trustmark's Rebuttal Expert Report, due by January 14, 2005, and may also affect Trustmark's compliance with the Court's Trial Preparation Order, Part A of which is due on February 28, 2005. As such, Trustmark requests the Court to expedite the briefing schedule and the Court's consideration of this matter. WHEREFORE, Trustmark respectfully requests that this Court expedite its consideration of Trustmark's Motion to Compel Documents and Testimony from Messrs. Toothman, Lo and Thirkill.

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Respectfully submitted,

DEFENDANT/THIRD PARTY PLAINTIFF TRUSTMARK INSURANCE COMPANY

By:

/s/ David R. Schaefer David R. Schaefer, Esq. (CT 04334) Rowena A. Moffett, Esq. (CT 19811) BRENNER, SALTZMAN & WALLMAN LLP 271 Whitney Avenue New Haven, CT 06511 Tel.: (203) 772-2600 Fax: (203) 562-2098 Email: [email protected] [email protected] David M. Spector (CT 21679) Paula J. Morency (CT 24740) Everett J. Cygal (CT 22765) SCHIFF HARDIN LLP 6600 Sears Tower Chicago, Illinois 60606-6473 Counsel for Trustmark Insurance Company

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CERTIFICATE OF SERVICE

I, David R. Schaefer do certify that a true and correct copy of the foregoing Trustmark Insurance Company's Motion For Expedited Consideration Of Its Motion To Compel Documents And Testimony From Messrs. Toothman, Lo And Thirkill and Memorandum Of Law in support thereof were sent by facsimile and United States mail January 7, 2005 addressed to: Frank F. Coulom, Jr., Esq. Marion Manzo Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103 Mark B. Holton, Esq. David J. Grais, Esq. Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166-0193 David A. Slossberg, Esq. Hurwitz & Sagarin 147 North Broad Street Milford, CT 06460-0112 Harry P. Cohen, Esq. Brian J. O'Sullivan, Esq. Cadwalader, Wickersham & Taft 100 Maiden Lane New York, NY 10038 /s/ David R. Schaefer David R. Schaefer, Esq (CT 04334)