Free Motion for Extension of Time to Complete Discovery - District Court of Delaware - Delaware

Case 1 :04-cv-01488-JJF Document 43 Filed 08/11/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT V. TOWNES, IV, )
Individually and on behalf of )
all persons similarly situated, )
) CIVIL ACTION N0. 04-1488-JJF
Plaintiff )
)
vs. )
)
TRANS UNION, LLC and ) CLASS ACTION
TRUELINK, INC., )
)
Defendants. )
JOINT MOTION FOR EXTENSION OF
INITIAL DISCOVERY CUTOFF AND OTHER DEADLINES
The parties hereby jointly move the Court for a 90-day extension of the initial discovery
cut-off and related deadlines in this action. The parties note that the extensions requested herein,
if granted, will not affect the final discovery cut-off and trial date. The grounds for this Motion
are as follows:
l. This is a putative nationwide class action lawsuit. The parties have engaged in
substantial discovery in this case. Defendant TrueLink, Inc. has produced thousands of pages of
documents to Plaintiff and has tendered numerous witnesses for depositions. Those depositions
have taken place over at least I0 days during the discovery period.
2. Despite the parties’ diligence and efforts, discovery has not been completed.
There are at least four remaining depositions to be taken. Due to scheduling conflicts, the Rule
30(b)(6) deposition of TrueLink, Inc. has not been completed. One other TrueLink witness also
needs to be deposed. Because TrueLink’s offices are located in San Luis Obispo, Califomia, and
counsel for the parties are located elsewhere, the rescheduling of these depositions is a
complicated matter, requiring coordination of schedules for all counsel for substantial travel
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Case 1:04-cv-01488-JJF Document 43 Filed 08/11/2006 Page 2 of 4
time, as well as coordinating with the witnesses for their availability. Additionally, the parties
must complete the discovery directed to Trans Union, LLC, the other defendant in the case.
Plaintiffs have served an Amended Rule 30(b)(6) Deposition Notice on Trans Union, LLC and
the parties have been working to resolve disagreements concerning the scope of the topics upon
which examination is requested without involving the Court. The parties hope to resolve those
differences in the coming l0 days. Based upon the parties’ current discussions, Trans Union,
LLC anticipates tendering two (2) persons for deposition in response to the Rule 30(b)(6) notice.
3. Based on the foregoing, all parties have agreed that a 90-day extension of the
initial discovery cut-off (not the final discovery cut-off) and related deadlines will be sufficient
to complete the remaining discovery. The parties have asked for 90 days, rather than 60 days, in
order to ensure that the parties do not have to ask for a second extension, given the current
difficulties being encountered in scheduling depositions.
4. The specific deadlines of which the parties request extensions are the following:
a. the initial discovery deadline (in paragraph 4(a) of the Court’s November 18,
2005 Scheduling Order be extended from July 30, 2006 to October 30, 2006;
b. the case dispositive motion deadline and class certification motion deadline (in
paragraphs 7 and 8 of said Order) be extended to December l5, 2006, and that the deadlines in
the same paragraph for responding to such motions be extended to January l5, 2007.
5. The final discovery cut—off and expert deadlines are unaffected by this motion.
The parties do not anticipate at this time requesting extensions of these deadlines.
6. A proposed Order is attached which would replace this Court’s November l8,
2005 Order.
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Case 1:04-cv-01488-JJF Document 43 Filed 08/11/2006 Page 3 of 4
WHEREFORE, the parties jointly request that the Court grant an extension of time by 90
days of the initial discovery deadline, case dispositive motion deadline and the class certification
motion deadline.
Date: August 11, 2006
ROSENTHAL, MONHAIT & GODDESS, P.A.
By: /s/ Carmella P. Keener
Cannella P. Keener (DSBA No. 2810)
Citizens Bank Center, Suite 1401
919 N. Market Street
Wilmington, DE 19801
(302) 656-4433
[email protected]
Attorneys for Plaintiff
OF COUNSEL:
Michael L. McGlamry
Wade H. Tomlinson III
Pope McGlamry Kilpatrick Morrison & Norwood LLP
The Pinnacle, Suite 925
3455 Peachtree Road, N.E.
Post Office Box 191625 (31119-1625)
Atlanta, Georgia 30326-3243
(404) 523-7706
Wilson F. Green
Harlan F. Winn lll
Battle Fleenor Green Winn & Clemmer LLP
The Financial Center
505 North 20th Street, Ste. 1150
Birmingham, Alabama 35203
(205) 397-8160
One of the Attomeys for Defendants:
OF COUNSEL: /s/ William M. Lafferty
Roger L. Longtin William M. Lafferty (DSBA No. 2755)
Michael O’Neil Morris, Nichols, Arsht & Tunnell
Monica Thompson 1201 N. Market Street
Paula Friedman Wilmington, DE 19801
Sonya Naar Phone: (302) 658-9200
Denise Castillo Fax (302) 658-3989
DLA Piper Rudnick Gray Cary US LLP
203 North LaSalle Street, Suite 1900
Chicago, IL 60601-1293
(312)368-4000
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Case 1:04-cv-01488-JJF Document 43 Filed 08/11/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, Carmella P. Keener, hereby certify that on this 1 lth day of August, 2006, I electronically
tiled JOINT MOTION FOR EXTENSION OF INITIAL DISCOVERY CUTOFF AND
OTHER DEADLINES with the Clerk of the Court using CM/ECF, which will send notification
of such tiling to the following:
Ralph Nicholas Sianni, Esquire William M. Lafferty, Esquire
Milberg Weiss Bershad & Schulman LLP Morris, Nichols, Arsht & Tunnell
919 N. Market Street, Suite 980 1201 N. Market Street
Wilmington, DE 19801 P.O. Box 1347
Wilmington, DE 19899
Michael L. McG1amry, Esquire
Pope, McGlamry, Kilpatrick,
Morrison & Norwood, LLP
The Pinnacle, Suite 925
3455 Peachtree Road, N.E.
P.O. Box 191625
Atlanta, GA 30326-3243
/s/ Carmella P. Keener
Carmella P. Keener (DSBA No. 2810)
ROSENTHAL, MONHAIT & GODDESS, P.A.
919 N. Market Street, Suite 1401
Citizens Bank Center
P.O. Box 1070
Wilmington, DE 19899-1070
(302) 656-4433
[email protected]
1 Attorneyfor Plaintw