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

Case 3:01-cv-02198-PCD

Document 357

Filed 08/26/2004

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

Civil No. 301CV2198(PCD)

AUGUST 26, 2004

TRUSTMARK'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH ORDER GRANTING IN PART TIG'S MOTION TO COMPEL Defendant Trustmark Insurance Company ("Trustmark") respectfully requests that the Court grant it two week extension of time in which to comply with the Court's August 4, 2004 order, which granted in part Third Party Defendant TIG Insurance Company's ("TIG") motion to compel production of the WEB hard drive. In support of its motion, Trustmark states as follows: 1. On August 12, 2004, Trustmark received notice and the clerk's office docketed

this Court's Order dated August 4, 2004 (the "Order"). Among other rulings, the Order granted in part TIG's motion to compel production of the hard drive to WEB's computer used by Robin Ekwall. In relevant part, the Court determined that:

Case 3:01-cv-02198-PCD

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[A]ll relevant files, whether deleted files still stored on the hard drive or active files, shall be placed in a single directory. The properties of the files in this directory shall be displayed in detail and the printed form of such display shall be produced. (Order at 6.) 2. Pursuant to Local Rule 37(a)5, Trustmark is permitted ten days in which to

comply with the Order. Under the Federal Rules, excluding weekends, the time period for compliance therefore expires on August 26, 2004. 3. Compliance with the Order, however, presents Trustmark with some technically

complex issues which require the assistance of a computer and e-discovery consultant. Trustmark has been working diligently to obtain such expert assistance. Counsel for Trustmark has met personally with representatives of three expert computer consultant services since receiving the Order, working to develop the appropriate steps for compliance, and has so advised counsel for TIG. Trustmark believes that it is close to resolving the technical issues that have arisen. Despite those efforts, though, Trustmark is not yet able to produce the directory and information required by the Order. 4. Accordingly, Trustmark respectfully requests that it be permitted a short two-

week extension to the period provided by Local Rule 37(a)5 in which to complete its technical analysis, prepare the required documentation, and produce the information to the parties. Trustmark requests this extension in good faith without any purpose of delay. 5. Trustmark has conferred with counsel for TIG and TIG has not yet agreed to

Trustmark's motion. WHEREAS, for all of the foregoing reasons, Trustmark respectfully requests that it be permitted a short extension of time, until September 9, 2004, in which to comply with the Court's order granting in part TIG's motion to compel production of the WEB hard drive.

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DEFENDANT TRUSTMARK INSURANCE COMPANY

/s/ Rowena A. Moffett David R. Schaefer (ct 04334) Rowena A. Moffett (ct 19811) BRENNER, SALTZMAN & WALLMAN LLP 271 Whitney Avenue New Haven, Connecticut 06511 Telephone: (203)772-2600 Facsimile: (203)562-2098 E-Mail: [email protected] E-Mail: [email protected] David M. Spector (ct21679) Paula J. Morency (ct24740) Everett J. Cygal (ct22765) SCHIFF HARDIN LLP 6600 Sears Tower Chicago, Illinois 60606-6473 Telephone: (312) 258-5500 Facsimile: (312) 258-5600 Attorneys for Trustmark Insurance Company

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CERTIFICATE OF SERVICE I, Rowena A. Moffett, certify that on August 26, 2004, I caused a true and correct copy of Motion for Extension of Time to Comply with Order Granting in Part TIG's Motion to Compel to be served by facsimile and overnight courier on: David J. Grais, Esq. Kathryn C. Ellsworth, Esq. Dewey Ballantine LLP 1301 Avenue of the Americas New York, New York 10019-6092 Frank F. Coulom Jr., Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT, 06103-3597 J. Daniel Sagarin, Esq. Hurwitz, Sagarin & Slossberg, LLC 147 North Broad Street Milford, CT 06460 Mark B. Holton, Esq. Kathryn Nealon, Esq. Gibson Dunn & Crutcher 200 Park Avenue, Floor 48 New York, New York 10166 Harry P. Cohen, Esq. Brian O'Sullivan Cadwalader, Wickersham & Taft LLP 100 Maiden Lane New York, NY 10038

/s/ Rowena A. Moffett Rowena A. Moffett

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