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

Case 3:03-cv-00630-DJS

Document 55

Filed 12/03/2003

Page 1 of 5

UNITED STATES DISTRICT COURT for the DISTRICT OF CONNECTICUT __________________________________________ : MARIO RICHARDS, : Plaintiff, : : : v. : : : COMPUTER SCIENCES CORPORATION. : Defendant. : __________________________________________: CIVIL NO. 303CV00630 (DJS)

DECEMBER 3, 2003

DEFENDANT'S FIRST MOTION FOR ENLARGEMENT OF TIME TO COMPLETE EXPERT REPORTS AND TO CONDUCT DISCOVERY

Pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court, the Defendant, Computer Sciences Corporation, hereby respectfully moves for a sixty (60) day enlargement of time, until February 9, 2004, to disclose expert reports and for a corresponding extension, until March 9, 2004, for the close of discovery. In support of this Motion, Defendant states as follows: 1. Plaintiff filed a Motion for Class Certification and Permission to Serve

Notice on September 2, 2003. Defendant filed an Opposition on October 14, 2003 and Plaintiff filed his Reply on November 17, 2003. On November 26, 2003 Defendant filed a Motion for Permission to file a Sur-Reply. Defendant also filed on October 14, 2003 a Motion to Strike the Affidavit of Plaintiff, Mario Richards. Plaintiff filed an Opposition on November 19, 2003 and Defendant files a Reply on this date, December 3, 2003. These Motions are currently pending

ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:03-cv-00630-DJS

Document 55

Filed 12/03/2003

Page 2 of 5

before the Court. Also pending before the Court are Plaintiff's Motion to Compel discovery and Defendant's Motion to Compel discovery. 2. With Plaintiff's Reply to Defendant's Opposition to Motion for Class

Certification and Permission to Serve Notice Plaintiff submitted new evidence, never before disclosed to Defendant, including documents, another affidavit from Plaintiff, and five affidavits of other individuals who state they wish to opt into this action. 3. Defendant requires additional time to review the new information

produced by Plaintiff, to conduct additional discovery based on this information as appropriate, and to ascertain the scope and necessity of experts. 4. Plaintiff previously requested an extension of his deadlines for disclosure

of experts reports and the Court granted an extension to November 7, 2003. To date Plaintiff has not disclosed expert reports. 5. 6. This is the first such motion for enlargement of time filed in this case. The undersigned counsel for Defendant has attempted to contact

Plaintiff's counsel to obtain his position on this Motion but has been unable to reach him.

WHEREFORE, Defendant respectfully moves for a sixty (60) day enlargement of time, until February 9, 2004, to disclose expert reports and for a corresponding extension, until March 9, 2004, for the close of discovery.

2

Case 3:03-cv-00630-DJS

Document 55

Filed 12/03/2003

Page 3 of 5

DEFENDANT, COMPUTER SCIENCES CORPORATION

By: Tasos C. Paindiris (ct 16739) William J. Anthony (ct 17865) Jackson Lewis LLP 55 Farmington Avenue, Suite 1200 Hartford, CT 06105 Tel. (860) 522-0404 Fax. (860) 247-1330 E-mail: [email protected]

Lisa A. Schreter (ct 17647) Jackson Lewis LLP 245 Peachtree Center Avenue, N.E. 1900 Marquis One Tower Atlanta, GA 30303-1226 Tel. (404) 525-8200 Fax. (404) 525-1173

3

Case 3:03-cv-00630-DJS

Document 55

Filed 12/03/2003

Page 4 of 5

CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing was sent by first class mail, postage prepaid, on this 3rd day of December, 2003, to the following:

Michael J. Melly 143 Oneco Avenue New London, CT 06320

___________________________ Tasos C. Paindiris

4

Case 3:03-cv-00630-DJS

Document 55

Filed 12/03/2003

Page 5 of 5

H:\Client Folder\C\Computer Sciences Corp\Richards\Mot Extension Time Expert and Discovery.DOC

5