Free Motion for Extension of Time to Complete Discovery - District Court of Delaware - Delaware

Case 1:05-cv-00699-SLR-IVIPT Document 102 Filed O1/17/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
E. I. du PONT de NEMOURS and )
COMPANY, )
Plaintiff )
v. )
) CA N 05-699-***
LUMBERMENS MUTUAL CASUALTY ) ` ` O.
COMPANY, )
Defendant. )
)
JOINT MOTION TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION DEADLINES
Plaintiff E. I. du Pont de Nemours and Company ("DuPont”) and Defendant
Lumbennens Mutual Casualty Company ("Kemper") (collectively "the pa1ties"),
pursuant to Federal Rule of Civil Procedure 29 and Local Rule 16.5, file this Joint
Motion to Extend Discovery and Dispositive Motion Deadlines. In support thereof, the
Parties state:
1. On October 16, 2006, the Court entered a revised Scheduling Order, which
provided, in part, for discovery to close on January 12, 2007 and for case dispositive
motions to be filed by February 23, 2007.
2. The parties have worked diligently in attempting to complete discovery by
the January 12, 2007 discovery cut-off.
3. In this regard, Kemper has produced 39,665 pages of documents and
DuPont has produced 323,813 pages of documents. In addition, the Parties have
completed fourteen (14) party and non-party depositions.
4. Due to unavoidable scheduling conflicts of certain witnesses and several
remaining discovery issues that the Parties are attempting to resolve without the need for
judicial intervention, the Parties have been unable to complete discovery by the January
12, 2007 discovery cut-off.

Case 1:05-cv-00699-SLR-IVIPT Document 102 Filed 01/17/2007 Page 2 of 3
5. The Parties jointly request a forty-five day extension in which to complete
all discovery, and a corresponding forty—tive day extension to the dispositive motion
deadline.
6. The Parties are not seeking to alter the dates currently scheduled for the
pretrial conference or trial.
7. Pursuant to Local Rule 16.5, the undersigned counsel certify that they
have sent copies of this request to extend the discovery deadline to their respective
clients.
WHEREFORE, for the reasons stated above, the Parties respectfully request that
the Court grant this Joint Motion to Extend Discovery and Dispositive Motion Deadlines,
extend the discovery cut-off to February 27, 2007 and the dispositive motion deadline to
April 2, 2007, and enter an order in the fonn attached hereto.
Of Counsel: POTTER ANDERSON & CORROON LLP
John M. Sylvester By: /s/ John E. James
Christopher C. French Jolm E. James (No. 996)
Scott A. Bowan Richard L. Horwitz (No. 2246)
KIRKPATRICK & LOCKI-LART Hercules Plaza — Sixth Floor
PRESTON GATES ELLIS LLP 1313 North Market Street
Henry W. Oliver Building Wilmington, DE 19801
535 Smithfield Street Telephone: (302) 984-6000
Pittsburgh, PA 15222
Telephone: (412) 355-6500 Atrvmeysfvr Pieintbt
E. I du Pont cle Nemours and Company
Of Counsel: PEPPER HAMILTON LLP
Ml°l‘aal M- Eldalmaa
Raadall M- Laadmg David B. suamm (N6. 960)
l alfaly M- Hallman M. Duncan cram (N6. 2994)
VEDDEK PRICE Hercules Plaza - Suite 5100
KAUFMAN & KAMMHOL2, P.C. 1313 Market Street
NOfth LaSalle StI`C€t, SUIIC Wilmington,
Clalaaga lL 6ll6lll·lllll3 Telephone: (302) 777-6566
Telephone: (312) 609-7500
Attorneys for Defendant
Dated: January 17, 2007 Lumbermens Mutual Casualty Company
772919/20120-345
2

Case 1:05-cv-00699-SLR-IVIPT Document 102 Filed 01/17/2007 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
E. I. du PONT de NEMOURS and )
COMPANY, )
Plaintiff, )
v. )
J _ _***
LUMBERMENS MUTUAL CASUALTY ) C`A' NO' 05 699
COMPANY, )
Defendant. )
)
ORDER
AND NOW, on this day of , 2007, upon
consideration of the parties’ Joint Motion to Extend Discovery and Dispositive Motion
Deadlines, it is hereby ORDERED that said Motion is GRANTED. The discovery cut-
off date is now February 27, 2007, and dispositive motions are to be tiled by April 2,
2007.
BY THE COURT:
Honorable Mary Pat Thynge
United States Magistrate Judge