Free Motion to Expedite - District Court of Colorado - Colorado

Case 1:04-cv-00779-PSF-BNB

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0779-PSF-BNB BRITISH AIRWAYS PLC, a foreign corporation, Plaintiff, v. AIRCRAFT SERVICE INTERNATIONAL, INC., a foreign corporation, AIRCRAFT SERVICE INTERNATIONAL GROUP, INC., a foreign corporation; and ASIG HOLDING CORP., a foreign corporation, Defendants; and AIRCRAFT SERVICE INTERNATIONAL, INC., a foreign corporation, Third Party Plaintiff, v. THE BOEING COMPANY, a foreign corporation; WHITTAKER CONTROLS, INC., a foreign corporation; and SWEENEY ENGINEERING CORP., a foreign corporation, Third Party Defendants.

UNOPPOSED MOTION OF DEFENDANT AND THIRD-PARTY PLAINTIFF AIRCRAFT SERVICE INTERNATIONAL, INC. FOR CONTINUANCE OF EXPERT DISCLOSURE DATES ______________________________________________________________________________

COMES NOW AIRCRAFT SERVICE INTERNATIONAL, INC., ("ASII"), by and through undersigned counsel and states as follows: 1. At the Status and Scheduling Conference was held on May 25, 2005, expert

witness disclosure deadlines were established as follows:

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September 15, 2005: Principal Expert Witness Disclosures October 15, 2005: Defense Expert Witness Disclosures November 15, 2005: Rebuttal Expert Witness Disclosures 2. ASII has selected a metallurgy expert who was not involved in the underlying

NTSB investigation of the incident at issue, and that expert needs to examine the specific component parts involved in the incident, and also to examine similar parts from a subsequent similar event, without a fire, that occurred at the Atlanta airport in August 2003 involving the fueling of a British Airways Boeing 777 aircraft and the separation of a fueling hose from the aircraft during the fueling operation. 3. As indicated in the letter from British Airways' counsel attached as Exhibit A,

they have agreed to produce the parts for inspection on September 8, 2005, at ASII's expert's facility in Pensacola, Florida. Unfortunately, ASII's expert is not available on that date and will be engaged in delivering testimony in a trial in Canada. 4. As further stated in British Airways' counsel's letter, they have kindly agreed to

an Unopposed Motion for extension of the disclosure deadlines. 5. An alternative inspection date of September 14 and 15 was then posed.

Unfortunately, as evidenced by the e-mail attached as Exhibit B, British Airways' experts are not available on those dates. As such, British Airways has consented to a 30-day extension of the disclosure deadlines. 6. Counsel for ASII has conferred with counsel for all other parties, as required by

D.C.Colo.LCivR 7.1, and none oppose this Motion.

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7.

Inasmuch as there will be insufficient time between the date ASII's expert

metallurgist is able to examine the specified components and the current deadline for the disclosure of principal expert witnesses, September 15th, counsel for the parties have agreed that an unopposed request for a 30-day extension of each of the current expert disclosure deadlines is appropriate and acceptable. 8. The other current case management deadlines are not impacted by the requested

extension of time for expert witness disclosures. Counsel will still be able to prepare and submit the Confidential Mediation Statements by December 1, 2005, and to participate in the Mandatory Settlement Conference on December 13, 2005. The discovery cut-off of January 31, 2006, will be unaffected, and the Pretrial Conference date of February 28, 2006, remains unaffected, as well. 9. As such, ASII proposes that the following deadlines be established for expert

witness disclosure: October 15, 2005: Principal expert witness disclosure for any party offering expert witness testimony on an issue for which it bears the burden of proof November 14, 2005: Defense expert witness disclosure by Defendants and Third Party Defendants on issues for which they do not bear the burden of proof December 19, 2005: Rebuttal expert witness disclosures rebutting the Defense Experts. 10. No changes need to be made to any of the other case management deadlines, and

no delay or prejudice will result by the requested unopposed extension of time. 11. Consistent with D.C.Colo.LCivR 6.1(D), a copy of the foregoing is

served herewith on the party representative for Aircraft Service International, Inc. 3

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WHEREFORE, Defendant AIRCRAFT SERVICE INTERNATIONAL, INC., with the consent of all other parties to this matter, respectfully prays that this Honorable Court enter an Order with the following provisions: A. That the current deadlines for disclosure of experts be modified from the May 25,

2005 schedule, as follows: October 15, 2005: Principal expert witness disclosure for any party offering expert witness testimony on an issue for which it bears the burden of proof. November 14, 2005: Defense expert witness disclosure by Defendants and Third Party Defendants on issues for which they do not bear the burden of proof. December 19, 2005: Rebuttal expert witness disclosures rebutting the Defense Experts. B. That all remaining case deadlines and case management dates as established at the

May 25, 2005 Status and Scheduling Conference remain in effect, unchanged. Dated this 9th day of September 2005. Respectfully submitted, WELLS, ANDERSON & RACE, LLC /s/ Timothy R. Pitner By _______________________________________ Geoffrey S. Race, Esq. Timothy R. Pitner, Esq. 1700 Broadway, #1020 Denver, Colorado 80290 (303) 830-1212 [email protected] [email protected]

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DOMBROFF & GILMORE Mark A. Dombroff, Esq. Charles W. Ryan, III, Esq. 1676 International Drive Penthouse McLean, Virginia 22102 (703) 336-8800 Attorneys for Defendants and Third Party Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of September 2005, I electronically filed the foregoing UNOPPOSED MOTION OF DEFENDANT AND THIRD-PARTY PLAINTIFF AIRCRAFT SERVICE INTERNATIONAL, INC. FOR CONTINUANCE OF EXPERT DISCLOSURE DATES with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
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Amy L. Benson [email protected] [email protected];[email protected];[email protected];[email protected];[email protected] Jeffrey J. Cowman [email protected] Richard Robinson Eyler [email protected] Donald Lawrence, Jr [email protected] Charles Warren Ryan, III [email protected] Diane Westwood Wilson [email protected]

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_/s/ Karin Carreaga ________________________________ and I hereby certify that I have mailed the document to the following non-CM/ECF participants in the U.S. mail, as follows: 5

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Diane Westwood Wilson, Esq. CONDON & FORSYTH LLP 7 Times Square New York, New York 10036 Joe Silvernale, Esq. PERKINS COIE, LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Michael G. McQuillen, Esq. Mark S. Susina, Esq. ADLER MURPHY & McQUILLEN One North LaSalle Street, Suite 2300 Chicago, Illinois 60602 Aircraft Service International, Inc. c/o Joseph Goldstein, Esq. 201 S. Orange Avenue Suite 1400 Orlando, FL 32801 Benjamin Alexander Kahn, Esq. Brownstein, Hyatt & Farber, P.C. 410 17th Street, Suite 2200 Denver, CO 80202-4437

/s/ Karin Carreaga _______________________________

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