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

Case 3:02-cv-02237-MRK

Document 28

Filed 12/31/2003

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : Plaintiff, : : v. : : BP PRODUCTS NORTH AMERICA, INC. : : Defendant. :

TRILEGIANT CORPORATION

NO. 3:02CV2237(MRK)

MODIFIED SCHEDULING ORDER The parties' Joint Motion to Extend Scheduling Order (Doc. #26), dated December 19, 2003, is GRANTED. The following case management schedule will govern:

1.

Discovery: All discovery, including all discovery relating to expert witnesses, will be completed (not just propounded) by March 15, 2004: NOTE: All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District's Local Rules. Before filing any motion relating to discovery, the parties are required to jointly confer with the Court by telephone, 203-773-2022.

2.

Expert Discovery: Disclosure of plaintiff's amended expert report will be completed by January 15, 2004. Defendant's expert reports will be served by February 15, 2004, and all depositions of defendant's experts will be completed by March 15, 2004. Dispositive Motions: Dispositive motions, if any, including all motions to exclude testimony of experts pursuant to Fed. R. Evid. 702-05 and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases shall be filed by April 15, 2004. Trial Memorandum: If no dispositive motions are filed, the Parties' Joint Trial Memorandum is due May 14, 2004. If dispositive motions are filed, the Joint Trial Memorandum is due 30 days after the Court's decision on the dispositive motion.

3.

4.

Case 3:02-cv-02237-MRK

Document 28

Filed 12/31/2003

Page 2 of 3

5.

Trial Ready Date: If no dispositive motions are filed, the case will be considered trial ready on May 14, 2004. If dispositive motions are filed, the case will be considered trial ready immediately after the filing of the parties' Joint Trial Memorandum. Status Conference: A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON APRIL 1, 2004 AT 1:30 p.m. Plaintiff's counsel will initiate the conference call. The parties will submit a joint status report (instructions attached) to Chambers no later than March 25, 2004.

6.

NO MODIFICATIONS OF THESE DEADLINES WILL BE GRANTED ABSENT A SHOWING OF GOOD CAUSE WHICH REQUIRES A PARTICULARIZED SHOWING THAT THE PARTY SEEKING THE EXTENSION HAS ACTED WITH DUE DILIGENCE AND THAT THE REASONS FOR THE MODIFICATION COULD NOT REASONABLY HAVE BEEN ANTICIPATED BY THE PARTIES WHEN THEY FILED THEIR PROPOSED CASE MANAGEMENT PLAN.

IT IS SO ORDERED.

/s/

Mark R. Kravitz U.S.D.J.

Dated at New Haven, Connecticut: December 31, 2003.

2

Case 3:02-cv-02237-MRK

Document 28

Filed 12/31/2003

Page 3 of 3

RE: CASE NO. 3:02cv2237 (MRK) ---------------------------------------------------------------TO: COUNSEL OF RECORD:

---------------------------------------------------------------On or before March 25, 2004, THE PARTIES SHALL SUBMIT TO THE CHAMBERS OF THE HONORABLE MARK R. KRAVITZ[with certification copies sent to all counsel of record] AN ORIGINAL STATUS REPORT, STATING THE FOLLOWING: (a) THE STATUS OF THE CASE, IDENTIFYING ANY PENDING MOTIONS, OR ANY CIRCUMSTANCES POTENTIALLY INTERFERING WITH THE PARTIES' COMPLIANCE WITH THE SCHEDULING ORDER; (b) INTEREST IN REFERRAL FOR SETTLEMENT PURPOSES TO A UNITED STATES MAGISTRATE JUDGE OR TO THE DISTRICT`S SPECIAL MASTERS PROGRAM; (c) WHETHER THE PARTIES WILL CONSENT TO A TRIAL BEFORE A MAGISTRATE JUDGE; AND (d) THE ESTIMATED LENGTH OF TRIAL. NO STATUS REPORTS WILL BE ACCEPTED VIA FACSIMILE.

BY ORDER OF THE COURT KEVIN F. ROWE, CLERK