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

Case 3:03-cv-00644-CFD Document 339 Filed 07/22/2008 Page 1 of 3 ;
UNITED STATES DISTRICT COURT E
DISTRICT OF CONNECTICUT
BRUCE CHARLES RYAN, RUSSELL )
WILLIAM NEWTON, ROBERT FITZPATRICK, )
and MERIT CAPITAL ASSOCIATES, TNC., ) 2
Plaintiffs, )
) CIVIL ACTION NO. ;
v. ) 3:03CV00644(CFD)
)
NATIONAL UNION F IRE INSURANCE ) I
COMPANY OF PITTSBURGH, PA., and )
AIG TECHNICAL SERVICES, INC., )
Defendants. ) i

DAVID W. GWYNN and RAQUEL GWYNN )
Plaintiffs, ) CIVIL ACTION NO.
v. ) 3:03CV0l l54(CFD)
)
NATIONAL UNION FIRE INSURANCE ) ,
COMPANY OF PITTSBURGH, PA., and )
AIG TECHNICAL SERVICES, INC., ) .
Defendants. )
) JULY 22, 2008
MOTION FOR EXTENSION OF TIME TO MAKE REBUTTAL EXPERT
DISCLOSURE _
Defendants/Counter Plaintiffs National Union Fire Insurance Company of Pittsburgh, PA
and AIG Technical Services, Inc. ("Defendants"), hereby move for an extension of time for
disclosing their rebuttal expert on insurance industry standards of conduct.
Plaintiffs expert on insurance industry standards of conduct, James Schratz, was deposed
on Thursday July 17, 2008. At his deposition Mr. Schratz disclosed that his report produced by
Plaintiffs does not include all of the opinions he intends to testify to at trial as required by Fed.
R. Civ. P. 26(a)(2). In addition, l\/Ir. Schratz testified that as a result of an oversight by his
assistant his report also did not include a complete statement of the materials he reviewed and
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Case 3:03-cv-00644-CFD Document 339 Filed 07/22/2008 Page 2 of 3
considered as required by Fed R. Civ. P. 26(a)(2). Accordingly, Plaintiffs failed to timely
disclose a proper expert report in accordance with this Cou1t’s scheduling order. Mr. Schratz
estimated it would be three weeks before he could produce a revised report. l
Currently Defendants’ expert disclosures are due August 14, 2008, with depositions to be
conducted by September 14, 2008. In light of the testimony of Mr. Scbratz, Defendants sought
additional time to rebut the report of Mr. Scbratz. Counsel for the Ryan Plaintiff s refused to
agree to an extension citing a desire to avoid delay in the case.
Any delay is the result of Plaintiffs’ failure to comply with Rule 26 and the scheduling
order of this Court for proper expert disclosure. Accordingly, Defendants’ move that the report I
of their rebuttal. expert to Mr. Schratz be due 30—days after receipt of Mr. Schratz’s revised _
report, with the deposition to be conducted within 60-days of the receipt of Mr. Schratz’s report.
Dated at Hartford, Connecticut, this 22nd day of July, 2008. 2
THE DEFENDANTS,
NATIONAL UNION FIRE INSURANCE -
. COMPANY OF PITTSBURGH, PA {
and E
AIG CI-INICAL S INC. I
By:
Dennis O. Brown (ct04598)
Edwards Angell Palmer & Dodge LLP
20 Church Street
Hartford, CT 06103
Tel: (860) 541-7750
Fax: (860) 527-4198
Email: [email protected]
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Case 3:03-cv-00644-CFD Document 339 Filed 07/22/2008 Page 3 of 3
CERTIFICATION OF SERVICE
I hereby certify that on July 22, 2008, the foregoing Motion for Extension of Time To i
Make Rebuttal Expert Disclosure was tiled electronically and served by mail on anyone unable
to accept electronic tiling. Notice of this tiling will be sent by email to all parties by operation of
the court’s electronic tiling system or by mail to anyone unable to accept electronic tiling as -
indicated on the Notice of Electronic Filing. Parties may access this document through the
Euffs CM/ECF System.
ennis O. Brown, Esq. (ct04598) Q
Edwards Angell Palmer & Dodge LLP
90 State House Square, 9m Floor
Hartford, CT 06103
Phone: $60525.5065
Fax: 860.527.4l98
Email: dbrown _ ea dlavincom
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