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

Case 3:03-cv-00399-SRU

Document 25

Filed 03/10/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARY WARD V. BOSTON SCIENTIFIC CORPORATION AND MEDI-TECH : : : : : CIVIL ACTION NO. 3:03 CV 399 (SRU)

MARCH

, 2004

JOINT MOTION REQUESTING ASSIGNMENT OF THIS MATTER TO MAGISTRATE GARFINKEL FOR MEDIATION AND FOR AN EXTENSION OF THE DISCOVERY AND TRIAL READINESS ORDERS The parties in this action have completed extensive written discovery. In addition, the parties have completed the depositions of two of the Plaintiff's treating physicians, one of whom is also an expert for the Plaintiff. Further, the parties have begun the deposition of the Plaintiff. Subsequent to the completion of the depositions noted above, and given the status of this file, the parties hereby respectfully request the Court to assign this matter for a non-binding mediation before Magistrate Garfinkel as soon as his schedule allows. In addition, the parties hereby request this Court to extend the discovery and trial readiness orders in this matter for four months. Counsel has been advised that Magistrate Garfinkel can likely accommodate a non-binding mediation for them in April or May. Extending the discovery and trial readiness orders will allow counsel to focus on the mediation. If discovery continues in this matter in accordance with the present

One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

08194.0045

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:03-cv-00399-SRU

Document 25

Filed 03/10/2004

Page 2 of 4

discovery and trial readiness orders, it could prove to be quite costly and have a negative impact upon the chances for this case to settle. Specifically, both parties are requesting the following discovery and trial readiness deadlines: Completion of Depositions of Fact Witnesses: Completion of Deposition of Plaintiff's Experts: Disclosure of Defendant's Experts: Completion of Depositions of Defendant's Experts: Completion of all Discovery: Filing of Joint Trial Memorandum: Case to be Trial Ready: June 30, 2004; June 30, 2004; July 30, 2004; August 31, 2004; August 31, 2004; October 29, 2004; November 30, 2004.

Counsel for Plaintiff joins in this Motion. The assignment of this case for mediation and the additional time requested above will not prejudice either party in their preparation of the case. For all the foregoing reasons, the parties respectfully request this Court to grant this Motion.

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:03-cv-00399-SRU

Document 25

Filed 03/10/2004

Page 3 of 4

THE PLAINTIFF, MARY WARD

BY___________________________ David H. Johnson of KENNEDY, JOHNSON D'ELIA & GILLOOLY Fed Bar #ct 05355 545 Long Wharf Drive New Haven, CT 06511 (203) 865-8430

THE DEFENDANTS, BOSTON SCIENTIFIC CORPORATION AND MEDI-TECH

By Christopher J. Lynch of HALLORAN & SAGE LLP Fed. Bar #ct 07308 One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105

Case 3:03-cv-00399-SRU

Document 25

Filed 03/10/2004

Page 4 of 4

CERTIFICATION This is to certify that on this the foregoing to: David H. Johnson, Esq. Kennedy, Johnson, D'Elia & Gillooly Long Wharf Maritime Center 545 Long Wharf Drive New Haven, CT 06511 th day of March, 2004, I hereby mailed a copy of

Christopher J. Lynch

523786

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One Goodwin Square 225 Asylum Street Hartford, CT 06103

HALLORAN & SAGE LLP

Phone (860) 522-6103 Fax (860) 548-0006 Juris No. 26105