Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv-01538-SLR Document 114 Filed 11/02/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HEIDI VASCEK, individually and as :
Administratrix of the ESTATE OF :
JOHN VASCEK, JR., :
Plaintiffs, :
: C.A. N0. 04-1538 SLR
vs. :
UNITED PARCEL SERVICE, INC. and
MARK BARD, :
Defendants. :
PLAINTIFF’S BRIEF IN SUPPORT OF
PLAINTIFF’S MOTION TO EXTEND THE DEADLINE
FOR SUBMISSION OF EXPERT REBUTTAL REPORTS
I. INTRODUCTION
Plaintiff incorporates the Introduction and Statement of Facts contained in
Plaintiffs Response to Defendants, United Parcel Service’s and Mark Bard’s Motion for
Protective Order and Plaintiffs Omnibus Motion and other Motions and Responses in
this case.
II. ARGUMENT
On October 19, 2005 Plaintiff and Defendant exchanged expert reports. Plaintiff
submitted the report of George Govatos, Ph.D. Defendants submitted the reports of
William M. Otto and Tyler Kress, Ph.D. In their reports, Otto and Kress relied on
numerous documents, publications and other materials in reaching their conclusions. In
order to prepare a rebuttal report, Plaintiffs expert requires the documents considered by
Defendants’ experts. On October 26, 2005 via fax Plaintiff requested the documents,
publications and other materials considered by Defendants’ experts. On October 28,
2005 in response to a similar request by Defendants, Plaintiff hand delivered the

Case 1:04-cv-01538-SLR Document 114 Filed 11/02/2005 Page 2 of 3
documents considered by Plaintiff` s expert Govatos in preparing his report. On
November 1, 2005 Defendant advised Plaintiff that they are still gathering materials
relied upon by Defendants’ experts and would forward the materials "as soon as
possible." The materials have not been received. Absent these materials, Plaintiff`s
expert cannot prepare a rebuttal report. Plaintiff is therefore prejudiced.
The mediation conference is scheduled for November 21, 2005. Accordingly,
Plaintiff respectfully requests that the deadline for submission of rebuttal expert reports
be extended to November 20, 2005.
Respectfully submitted,
RICHARD R. WIER, JR., P.A.
Dated: 11/2/05 /s/ Daniel W. Scialpi
Richard R. Wier, Jr. (#716)
Daniel W. Scialpi (#4146)
1220 Market Street, Suite 600
Wilmington, DE 19801
(302)888—3222
[email protected]
OF COUNSEL:
Michael T. van der Veen
Kats, Jamison, van der Veen & Associates
25 Bustleton Pike
Feasterville, PA 19053

Case 1:04-cv-01538-SLR Document 114 Filed 11/02/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HEIDI VASCEK, individually and as :
Administratrix ofthe ESTATE OF :
JOHN VASCEK, JR., :
Plaintiffs, :
: C.A. N0. 04-1538 SLR
vs. :
UNITED PARCEL SERVICE, INC. and
MARK BARD, :
Defendants. :

CERTIFICATE OF SERVICE
l, Daniel W. Scialpi., Esquire, certify that on this 2nd day of November, 2005,
that l caused to be electronically filed the attached with the Clerk of the Court using
CM/ECF, which will send notification of such filing(s) to the following:
William J. Catie, III, Esquire
Rawle & Henderson
300 Delaware Avenue, Suite 1015
PO Box 588
Wilmington, DE 19899
Attorney for Defendants
Jayne A. Risk, Esquire
One Liberty Place
1650 Market Street, Suite 4900
Philadelphia, PA 19103
Via Regular Mail
RICHARD R. WIER, JR., P.A.
/s/ Daniel W. Scialpi
Richard R. Wier, Jr. (#716)
Daniel W. Scialpi (#4146)
1220 Market Street, Suite 600
Wilmington, Delaware 19801
(302)888—3222
[email protected]