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

Case 3:00-cv-00705-CFD Document 121 Filed 11/29/2004 Page 1 of 3
K UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
: Case N0. 3:00 CV 705 (CFD)
In re PE Corporation Securities Litigation NOVEMBER 24, 2004
MOTION ON CONSENT FOR EXTENSION OF EXPERT DISCOVERY SCHEDULE
Plaintiffs David Berlin and Vinh Vuong ("plaintiffs"), through their undersigned counsel,
hereby move pursuant to Federal Rule of Civil Procedure 6(b) for an extension of the expert discovery
and briehng schedules. In support of this motion, plaintiffs represent:
l. On May 2l, 2003, the parties submitted their Report of Planning Meeting pursuant to
Rule 26(f) (the "Report"). The Report set forth, among other things, the fact and expert discovery
schedule. The Report was approved and ordered by the Court on June I2, 2003.
2. Fact discovery ended on October 20, 2004. Paragraph E.7 of the Report and this
Court’s Order of October 4, 2004, which set the present fact and expert discovery schedule,
contemplate that (i) plaintiffs will designate all trial experts and serve their reports pursuant to Fed. R.
Civ. P. 26(a)(2) by December 6, 2004, (ii) defendants will designate all trial experts and serve their
reports pursuant to Fed. R. Civ. P. 26(a)(2) by January 20, 2005, (iii) and that plaintiffs will designate
all rebuttal experts, if any, and serve their reports pursuant to Ped. R. Civ. P. 26(a)(2) by March 7,
2005.
3. Plaintiffs’ expert will be traveling outside ofthe country on business for one week
during which time he will be unable to work on the preparation of his Rule 26(a)(2) report. Plaintiffs’
expert witness scheduled this trip prior to being retained as a trial expert in this matter. Accordingly,
in light of the pre—scheduled business trip, and the upcoming holiday. plaintiffs respectfully request an
extension of the time by which they are required to designate and serve their reports pursuant to P ed.
R. Civ. P. 26(a)(2) to December 20, 2004.

Case 3:00-cv—00705—CFD Document 121 Filed 11/29/2004 Page 2 of 3
_ 4. Plaintiffs’ counsel have conferred with defendants’ counsel concerning the request to
extend the expert discovery schedule and defendant’s counsel have consented to the request.
RELIEF REQUESTED
Based on the foregoing, plaintiffs respectfully request that the Court issue an Order extending
the time by which plaintiffs must designate their trial witnesses and serve their reports pursuant to Fed.
R. Civ. P. 26(a)(2) to December 20, 2004. Consequently, (i) defendants shall designate all trial experts
and serve their reports pursuant to Ped. R. Civ. P. 26(a)(2) by February 3, 2005, (ii) plaintiffs shall
designate all rebuttal experts, if any, and serve their reports pursuant to Fed. R. Civ. P. 26(a)(2) by
March 21, 2005, and (iii) depositions of any such trial experts will commence 30 days after designation
and service of an expert report and will be concluded within 60 days of such designation.
- PLAINTIFPS DAVID BERLIN AND VINH
VUONG, M7
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By: KW ·~.,___ ·x,,__NMW“NM“m·~“
David A. Slossberg (CT13116)
Brian C. Fournier (CT16272)
Hurwitz, Sagarin & Slossberg, LLC
l47 North Broad Street
P.O. Box 1 12
Milford, CT 06460
(203) 877-8000
Liaison Counsel for Lead Plaintiffs
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Sanford P. Dumain (CT08138)
Lee A. Weiss (pro Imc vice)
. Carlos P`. Ramirez (pro hczc vice)
Milberg Weiss Bershad & Schulman LLP
One Pennsylvania Plaza
New York, NY 10119
(212) 594-5300
Lead Counsel for Lead Plaintiffs

Case 3:00-cv—00705—CFD Document 121 Filed 11/29/2004 Page 3 of 3
_ CERTIFICATE OF SERVICE
T This is to certify that a copy ofthe foregoing Motion on Consent for Extension of Expert
Discovery Schedule was served by first class mail, on November 24, 2004, on the following:
Stanley A. Twardy, Jr., Esq. Michael J. Chepiga, Esq.
Thomas D. Goldberg, Esq. Robert A. Bourque, Esq.
Terence J. Gallagher, Esq. William M. Regan, Esq.
Day, Berry & Howard LLP Laura D. Murphy, Esq.
One Canterbury Green ‘ Simpson Thacher & Bartlett LLP
Stamford, CT 0690l 425 Lexington Avenue
New York, NY 100].7
Counsel for Defendants
Counsel for Defendants
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Brian C. Fournier