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

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

Document 57

Filed 11/03/2006

Page 1 of 4

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 has conferred via telephone on November 1 and 2, 2006 with all opposing counsel and has received counsels' consent to this motion. MOTION 1. Pursuant to the Court's Minute Order dated October 5, 2006, Defendants

are to file their expert reports on or before November 6, 2006. 2. Previously, on October 4, 2006, Defendant Mylan filed a Disclosure of

Experts, identifying several experts, specializing in various fields of expertise and setting forth a summary of each expert's opinion.

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

Document 57

Filed 11/03/2006

Page 2 of 4

3.

Counsel has been informed on this date, that one of its experts, Rodney A.

Radtke, M.D., will have difficulty meeting the deadline of November 6, 2006, due to personal and professional commitments. 4. In addition, Mylan has subpoenaed, but not yet received various

documents and other items, including tissue and blood samples, taken by the coroner during the autopsy of Michael Fooshee. 5. These items are necessary for Dr. Rubin, a Board Certified Pathologist, to

complete his expert review of this matter. 6. A Settlement Conference was scheduled for November 6, 2006. However,

due to the conflict of other counsel, on October 31, 2006, counsel for Plaintiffs and the United States requested that this conference be rescheduled. 7. Mylan intends to file several of its expert reports in a timely fashion on

November 6, 2006, but is respectfully requesting an additional 14 days, or until November 20, 2006, to file additional reports by Dr. Rodney Radtke, or another qualified neurologist, and Dr. Rubin, or another qualified pathologist. 8. 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.

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

Document 57

Filed 11/03/2006

Page 3 of 4

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 November 20, 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] 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.

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

Document 57

Filed 11/03/2006

Page 4 of 4

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 3rd day of November 2006 to the persons and addresses listed below: D. Robert Jones, Esq. 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