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

Case 1:03-cv-02608-WDM-MJW

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Filed 11/22/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02608-WDM-MJW LORNA FOOSHEE, individually, as personal representative of the estate of MICHAEL FOOSHEE, deceased, and as parent of DARLENE FOOSHEE, a minor; RICK FOOSHEE, and MARILYN FOOSHEE Plaintiffs, v. THE UNITED STATES OF AMERICA, and MYLAN PHARMACEUTICALS, INC. Defendants.

MOTION FOR ENLARGEMENT OF TIME

Defendant, Mylan Pharmaceuticals Inc. ("Mylan"), by and through its counsel, Pietragallo, Bosick & Gordon, LLP, and Jackson Kelly PLLC, submits this Motion for Enlargement of Time, averring as follows: CERTIFICATE OF CONFERENCE Counsel for Mylan has conferred with Plaintiffs' counsel via telephone on November 22, 2006 and has received counsel's consent to this motion. Counsel for Mylan sent a letter dated November 20, 2006 to counsel for the United States of America and attempted to confer with Attorney Bohn on November 22, 2006 but was unable to reach him. MOTION 1. Pursuant to the Court's Minute Order dated October 5, 2006, Defendants

filed expert reports on November 6, 2006.

Case 1:03-cv-02608-WDM-MJW

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2.

On November 7, 2006, this Honorable Court granted Mylan's Motion for

Enlargement of Time to file two additional reports, by a neurologist and pathologist, by November 20, 2006. 3. 4. On November 20, 2006, Mylan filed the report of its neurologist. On October 10 and November 1, 2006, Mylan Pharmaceuticals served

subpoenas on the Coroner of El Paso County, Colorado. However, Counsel for Mylan did not receive a complete response to the subpoenas until November 20, 2006. 5. As a result, Dr. Rubin, a Board Certified Pathologist, was unable to

complete his expert review of this matter by November 20, 2006. 6. Mylan respectfully requests an extension until December 1, 2006 to file

the report of Dr. Rubin. 7. The granting of this motion will not impede the progress of this matter and

will not result in any delay or prejudice to any party. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order extending the deadline for the filing of expert reports by the Defendant Mylan Pharmaceuticals, Inc. to December 1, 2006. Respectfully submitted, PIETRAGALLO, BOSICK & GORDON
LLP

By:

/s/ Clem C. Trischler Clem C. Trischler, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 Phone: (412) 263-2000 Fax: (412) 261-5295 [email protected]

Case 1:03-cv-02608-WDM-MJW

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JACKSON KELLY, PLLC

By:

/s/ William David Byassee William David Byassee 1099 18th Street, #2150 Denver, CO 80202 Phone: (303) 390-0003 Fax: (303) 390-0177 [email protected]

Attorneys for Defendant, Mylan Pharmaceuticals Inc.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to all parties by first class mail, postage prepaid, on this 22nd day of November 2006 to the persons and addresses listed below: D. Robert Jones, Esq. D. Robert Jones, P.C. 219 West Colorado Avenue, #210 Colorado Springs, CO 80903 Counsel for Plaintiffs Kurt J. Bohn, Esq. U.S. Attorney's Office 1225 Seventeenth Street, #700 Denver, CO 80202 Counsel for Defendant United States

/c/ Clem C. Trischler Clem C. Trischler