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

Case 1:04-cv-01565-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ARLIN M. ADAMS, Chapter 11 Trustee of the Post-Confirmation Bankruptcy Estates of CORAM HEALTHCARE CORPORATION, a Delaware Corporation, and of CORAM, INC., a Delaware Corporation, Plaintiff, v. DANIEL D. CROWLEY Defendant Case No. 04-1565 (SLR)

AMENDED JOINT MOTION FOR EXTENSION OF CERTAIN DEADLINES CONTAINED IN THE COURT'S APRIL 25, 2006 SCHEDULING ORDER ______________________________________________________________________________ Pursuant to Local Rule 16.5, the parties, through counsel, hereby respectfully move this Court for an Order amending the current Scheduling Order dated April 25, 2006 (docket no. 70) to extend certain deadlines. This Joint Motion is based on the following grounds: 1. The parties are involved in related litigation in the District of Colorado, in which

dispositive motions have been filed, or will be filed later this month, which may affect this action. 2. Counsel for Defendant Daniel D. Crowley are working diligently to review and

synthesize the large quantity of documents produced in discovery in this case and to obtain through service of process and to schedule the depositions of many third-party witnesses. 3. Counsel for Arlin M. Adams, Chapter 11 Trustee of the Post-Confirmation

Bankruptcy Estates of Coram Healthcare Corporation, a Delaware corporation, and of Coram, Inc., a Delaware corporation, are working diligently to respond to the requests for production and interrogatories by Mr. Crowley served on October 10 and October 17 respectively.

Case 1:04-cv-01565-SLR

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4.

Accordingly, the parties have agreed that it is in their mutual interest, and in the

interest of efficiency, judicial economy, and justice, to extend certain deadlines set forth in this Court's April 25, 2006 Order as follows: a) b) All fact discovery shall be completed by March 23, 2007. Reports from retained experts under Rule 26(a)(2) on issues for which any party has the burden of proof due by May 25, 2007. Rebuttal expert reports due by June 22, 2007. Depositions of such experts to be completed on or before July 13, 2007. 5. The parties further agree that Plaintiff's responses to the aforementioned

discovery requests shall be served on or before December 8, 2006. 6. The parties respectfully request that all other dates set pursuant to the Order dated

April 25, 2006 remain the same, including that summary judgment motions shall be served and filed no later than April 17, 2007 and that the jury trial in this matter is scheduled to commence on September 17, 2007. 7. Local Rule 16.5 Certification: Undersigned counsel certify that they have sent a

copy of this Joint Motion to their respective clients.

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Dated: November 14, 2006

/s/ Christina M. Thompson JEFFREY WISLER (#2795) CHRISTINA M. THOMPSON (#3976) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 N. Orange Street P.O. Box 2207 Wilmington, DE 19899 Telephone: (302) 658-9141 Facsimile: (302) 658-0380 Email: [email protected] Email: [email protected] ELLIOT R. PETERS LAURIE CARR MIMS KEKER & VAN NEST, LLP 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Email: [email protected] Email: [email protected] Attorneys for Defendant DANIEL D. CROWLEY

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Case 1:04-cv-01565-SLR

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Dated: November 14, 2006

/s/ Richard A. Barkasy RICHARD A. BARKASY (#4683) MICHAEL J. BARRIE (#4684) SCHNADER HARRISON SEGAL & LEWIS LLP 824 N. Market Street, Suite 1001 Wilmington, DE 19801 Telephone: (302) 888-4554 Email: [email protected] Email: [email protected] BARRY E. BRESSLER WILBUR L. KIPNES JENNIFER NESTLE SCHNADER HARRISON SEGAL & LEWIS LLP 1600 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 751-2000 Facsimile: (215) 751-2205 Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for Plaintiff ARLIN M. ADAMS, Chapter 11 Trustee

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