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

Case 3:02-cv-00976-WWE

Document 25

Filed 04/01/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NATIONAL SURETY CORPORATION Plaintiff, vs. STEADFAST INSURANCE COMPANY, NATIONAL RAILROAD PASSENGER CORPORATION d/b/a AMTRAK, METRO NORTH COMMUTER RAILROAD COMPANY, DUCCI ELECTRICAL CONTRACTORS, INC. and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Defendants. : : CIVIL ACTION NO. : 3:02CV976 (WWE) : : : : : : : : : : : : March 31, 2004

MOTION TO MODIFY SCHEDULING ORDER Pursuant to D. Conn. L. Civ.R. 7, the plaintiff in the above-referenced matter, National Surety Corporation, hereby moves, with consent of all counsel, for a further modification of the scheduling orders set forth in the Parties' Planning Meeting Report. In support hereof, the undersigned counsel represents the following: 1. This declaratory judgment action seeks a judicial determination of the allocation of

insurance coverage for the defendants National Railroad Passenger Corporation d/b/a Amtrak ("Amtrak") and Metro North Commuter Railroad Company ("Metro North") relating to two pending personal injury cases, as well as the respective defense obligations owed by the plaintiff and the defendants Steadfast Insurance Company ("Steadfast") and National Union Fire Insurance Company of Pittsburgh, PA ("National Union") to Amtrak and Metro North in those cases. The dispute generally concerns Railroad Protective Liability Policies issued by Steadfast and National Union and No Oral Argument Requested

Case 3:02-cv-00976-WWE

Document 25

Filed 04/01/2004

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additional insured coverage for the defendants Amtrak and Metro North under a Commercial General Liability Policy issued by the plaintiff. 2. On or about October 28, 2003, the plaintiff served interrogatories and requests for

production of the defendants. On January 15, 2004, the undersigned counsel wrote to counsel for the defendants requesting compliance with this discovery. Having received no word from the defendants of their efforts to comply with this discovery, on March 1, 2004 the plaintiff filed and served a Motion to Compel responses to this discovery pursuant to Federal Rule of Civil Procedure 37(a)(2)(B). That motion is currently pending before this Court. 3. The undersigned counsel has been in contact with counsel for the defendants

Steadfast, Amtrak and Metro North, as well as counsel for the newly added defendant National Union. Both counsel indicate that compliance with the aforementioned discovery is forthcoming. 4. In view of the foregoing delays in compliance with written discovery, the parties would

request a modification in the scheduling orders as follows: Discovery cutoff........................................................................... Due date for filing dispositive motions...................................... 5. Counsel for the defendants have been contacted about this motion to modify and 10/15/2004 7/1/2004

consent to the granting of same. Further, the undersigned counsel represents that this is the third motion requesting a modification of the scheduled orders. WHEREFORE, the plaintiffs prays this motion be granted.

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Case 3:02-cv-00976-WWE

Document 25

Filed 04/01/2004

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THE PLAINTIFF, NATIONAL SURETY CORPORATION By: ___________________________ Darren P. Renner, Esq. (ct15901) Lustig & Brown, LLP 1150 Summer Street Stamford, CT 06905 Phone No. 203-977-7840 Fax No. 203-977-8649

CERTIFICATE OF SERVICE Pursuant to D.Conn.L.Civ.R.5, this is to certify that a copy of the foregoing has this date been mailed, postage prepaid to the following: Nancy D. Lyness, Esq. White, Fleischner & Fino 140 Broadway New York, NY 11005 Karen Gerber, Esq. Nuzzo & Roberts, LLC One Town Center P.O. Box 747 Cheshire, CT 06410 Darren P. Renner, Esq

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