Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1 :05-cv—00035-GIVIS Document 37 Filed 05/18/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BADALAMENT, INC., et al. :
Plaintiffs, C.A. No. 05-()35(GMS)
DAYSTAR SILLS, INC., et al.
Defendants,
and
NUCOR BUILDING SYSTEMS
Third-Party Plaintiff,
WESTFIELD INSURANCE GROUP
Third-Party Defendant.
STIPULATION TO EXTEND DEADLINES
Plaintiffs, Badalarnent, Inc. and Transcontinental Insurance Company, as Subrogee of
Badalarnent, Inc., and Defendants, Daystar Sills, Inc., Eclipse Erectors and Nucor Building
Systems, by and through their undersigned counsel, and subject to approval by the Court, hereby
stipulate to extend all deadlines in this matter. In support of this Motion, the parties respectfully
submit the following:
I. This is a property damage action that arises out of a partial building collapse
which occurred on February 23, 2003 at the property occupied by Plaintiff, Badalament, Inc.
(hereinafter "Badalament") located at 6 Dockview Drive, No. 100, Building 2A, New Castle,
Delaware 19720.

Case 1:05-cv—00035-G|\/IS Document 37 Filed 05/18/2006 Page 2 of 3
2. On November 3, 2005, the Court issued an Order setting forth the following
deadlines for discovery and trial ( A true and correct copy of the Scheduling Order is attached
hereto as Exhibit "A"):
Completion of Discovery April 28, 2006
Case Dispositive Motions May 12, 2006
Pretrial Conference November 8, 2006
Trial November 27, 2006
3. On November 8, 2005, the Court issued an Order scheduling a mediation before
Magistrate Judge Thynge for June 23, 2006. (A true and correct copy of the Mediation
Scheduling Order is attached hereto as Exhibit “B.")
4. In an effort to limit the substantial costs associated with completing discovery, the
parties have analyzed this case and detemiined that a full and complete understanding of
Plaintiffs’ damages will significantly improve the prospects of an amicable resolution of this
matter at mediation.
5. To facilitate this process, Plaintiffs produced voluminous documentation in
support of the damages sustained as a result of this loss, and the parties have conducted the
deposition of Plaintiffs’ independent adjuster. At the present, an additional deposition of
Plaintiffs’ accounting expert has been confirmed for June 28, 2006, and the parties believe that
this additional deposition will provide sufficient information to make a resolution of this matter
at mediation likely.
6. On March 15, 2006, the Court issued another Order re-scheduling the mediation
conference to August li', 2006. (A true and correct copy of the March 15, 2006 Mediation
Scheduling Order is attached hereto as Exhibit °‘C.")
'F. The parties are stipulating to extend the deadlines in an effort to conserve the
parties` and the Court’s resources. The parties believe in good faith that an amicable resolution
of this matter may occur at mediation, and have limited discovery in this matter to the issue of
damages so as to conserve time and expense.
2

Case 1:05-cv—00035-Gl\/IS Document 37 Filed 05/18/2006 Page 3 of 3
8. The parties agree that, inthe unlikely event that an amicable resolution is not
achieved following mediation, additional time to complete extensive discovery regarding
liability, including the preparation of expert witness reports and conducting associated
depositions, will be required for the parties to fully prepare for the trial of this matter.
9. All counsel have stipulated to this extension, and a copy of the Stipulation is
attached hereto as Exhibit "D."
10. Based on the foregoing, the parties respectfully request this Honorable Court enter
the attached Order extending all of the deadlines in this matter.
Respectfully submitted,
COZEN O’CONNOR
BY: (SI
SEAN J. BELLEW, ESQUIRE (DE No. 4072)
Chase Manhattan Centre
1201 North Market Street
Wilmington, DE 19801
(302) 295-2026 (direct)
(302) 295-2013 (fax)
JUSTIN B. WINEBURGH, ESQUIRE (PHV)
1900 Market Street
The Atrium, 3"I Floor
Philadelphia, PA 19103
(215) 665-2734
(215) 665-2013 (fax)
Attorneys for Plaintiffs
Dated: May 18, 2005