Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:00-cv-00705-CFD

Document 94

Filed 02/25/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

In re PE Corporation Securities Litigation

: Master File No. : 3:00 CV 705 (CFD) : : : : FEBRUARY 25, 2004

DEFENDANTS' MOTION FOR LEAVE TO FILE SUR-REPLY IN FURTHER OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Defendants PE Corporation (now known as Applera Corporation), Tony L. White, Dennis L. Winger and Vikram Jog (collectively "Defendants"), respectfully seek leave of the Court to file the accompanying sur-reply memorandum of law in further opposition to plaintiffs' motion for class certification. Defendants seek leave of the Court because, as discussed in the accompanying memorandum of law, plaintiffs' reply brief articulates new arguments regarding class certification, misapplies the law to those new arguments and relies upon a document that was requested but not produced by plaintiffs in the course of class certification discovery.

ORAL ARGUMENT NOT REQUESTED

Case 3:00-cv-00705-CFD

Document 94

Filed 02/25/2004

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Counsel for Defendants have inquired of counsel for Lead Plaintiffs who have represented the following: Plaintiffs do not believe that the filing of a sur-reply is necessary in this matter. Nevertheless, to the extent that the Court decides to consider Defendants' request, Plaintiffs note that they do not intend to file an opposition to this motion. Defendants respectfully request that this Court grant Defendants the opportunity to respond to Plaintiffs' newly raised arguments in the form of the sur-reply brief submitted herewith.

DEFENDANTS PE CORPORATION, TONY L. WHITE, DENNIS L. WINGER, and VIKRAM JOG

By:___________________________ Stanley A. Twardy, Jr. (ct 05096) Thomas D. Goldberg (ct 04836) Terence J. Gallagher (ct 22415) Day, Berry & Howard LLP One Canterbury Green Stamford, Connecticut 06901 (203) 977-7300 ­ Telephone (203) 977-7301 ­ Facsimile - and Michael J. Chepiga (ct 01173) Robert A. Bourque (ct 05269) William M. Regan (ct 25100) Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, New York (212) 455-2000 -- Telephone (212) 455-2502 -- Facsimile Their attorneys

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Case 3:00-cv-00705-CFD

Document 94

Filed 02/25/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was sent by first class mail this 25th day of February, 2004, to:

J. Daniel Sagarin, Esq. Hurwitz & Sagarin, LLC 147 N. Broad Street P.O. Box 112 Milford, CT 06460 Liaison Counsel

Sanford P. Dumain, Esq. Carlos F. Ramirez, Esq. Milberg Weiss Bershad Hynes & Lerach LLP One Penn Plaza ­ 49th Floor New York, NY 10119 Lead Counsel for Plaintiffs

_____________________________ Terence J. Gallagher

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