Free Motion to Expedite - District Court of Colorado - Colorado

Case 1:04-cv-01225-MSK-BNB

Document 164

Filed 07/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 04-cv-1225-MSK-BNB (Consolidated with 04-cv-1226-MSK-BNB)

MALIK M. HASAN, M.D., an individual; and SEEME G. HASAN, an individual, Plaintiffs, v. GOLDMAN SACHS 1998 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants. T EN ME D F N A T ' H A D E E D N S MOTION FOR FORTHWITH HEARING

Pursuant to MSK Civ. Practice V.E., the Named Defendants respectfully move the Court fr fr wt ha n o " Named Defendan ' t nT St edline For Disclosures o a ot i er g n The h h i t Mo o o e D a s i Fo Pa tf E pr O At nt e F r t r ee ( t n) fed July 27, 2005 rm ln f ' xe s r lravl o Oh R lf " i " i i is t e i y e i " Mo o , l (Doc. # 161). A forthwith hearing on the Motion is necessary to allow for the timely completion of expert disclosure discovery for the trial on arbitrability set for September 21-22. As stated in the referenced Motion, plaintiffs have disclosed that they may call at the trial expert witnesses on

Case 1:04-cv-01225-MSK-BNB

Document 164

Filed 07/27/2005

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document printing and binding techniques as part of their defense in chief as well as experts to r u MrV cadf dn ' xe .MrV ca e t . ac, e nat epr b e s t . ac was first disclosed by name and credentials on June 15, 2005; his report was disclosed on July 11, 2005. Plaintiffs, though, have not disclosed the identity of any of their experts; any of their credentials; or any of their opinions. Further, in consultations with defense counsel, plaintiffs have failed t ar t a a cr i fr ln f ' o ge o dt e a o p i is e e tn a tf experts to make their Rule 26(a)(2) disclosures. With the approaching trial date, a deadline is needed. Under norm l r f gshdl , ln f ' epnet t Mo o i deA gs 1. a bi i ceu sp i is r os o h en e a tf s e t n s u uut 8 i Thus, absent a forthwith hearing on the Motion, plaintiffs disclosures will be due no earlier than late August, making it very difficult for the Named Defendants to review, discover and prepare for trial. Given the additional time resulting from the two-month continuance of the trial, gat o p i is m t n t r i n ne t pe d e df dn wt l t r e n ln f ' o o, h e s o ed o r ui e nat i a -minute nd a tf i e j c e s h s disclosures. On July 26, the Named Defendants requested plaintiffs' oio psi t nregarding df dn ' e nat e s request for forthwith hearing on the Motion.Pa tf cuslepne t t e a too busy ln f ' oner odd h h w s i is s a at that time to provide a statement of position and indicated that he might be able to do so later in the day or today, July 27. As of the time of filing of this motion for forthwith hearing, counsel for plaintiffs had not yet communicated any further position regarding forthwith hearing and consideration of the Motion. A proposed form of order granting the relief requested herein is attached for consideration and entry by the Court.

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Case 1:04-cv-01225-MSK-BNB

Document 164

Filed 07/27/2005

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DATED: July 27, 2005

Respectfully submitted,

s/ Bruce Featherstone Bruce A. Featherstone Matthew D. Collins FEATHERSTONE DESISTO LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (303) 626-7100 Facsimile: (303) 626-7101 E-mail: [email protected] E-mail: [email protected] Max Gitter Nancy I. Ruskin CLEARY GOTTLIEB STEEN & HAMILTON LLP One Liberty Plaza New York, New York 10006 Telephone: (212) 225-2000 E-mail: [email protected] ATTORNEYS FOR THE NAMED DEFENDANTS

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Case 1:04-cv-01225-MSK-BNB

Document 164

Filed 07/27/2005

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CERTIFICATE OF MAILING I hereby certify that on July 27, 2005, I electronically filed the foregoing THE NAMED D F N A T ' T O F R F R H T H A I G with the Clerk of Court using E E D N S MO I N O O T WI H E R N the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Glenn W. Merrick SENN VISCIANO KIRSCHENBAUM MERRICK P.C. [email protected] Lee Katherine Goldstein SENN VISCIANO KIRSCHENBAUM MERRICK P.C. [email protected] Max Gitter CLEARY GOTTLIEB STEEN & HAMILTON LLP [email protected] and I hereby certify that I have mailed or served the same on the following non-CM/ECF participant by placing same in the U.S. Mail, postage prepaid addressed to: Nancy I. Ruskin Cleary, Gottlieb, Steen, & Hamilton-New York One Liberty Plaza New York, NY 10006

s/ Bruce Featherstone Bruce A. Featherstone FEATHERSTONE DESISTO LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (303) 626-7100 Facsimile: (303) 626-7101 E-mail: [email protected] ATTORNEYS FOR THE NAMED DEFENDANTS