MOTION for Extension of Time to Complete Discovery up to and including August 15, 2005WITH ATTACHED MEMO by Churchill & Banks, Cottage Plaza, LLC. Responses due by 7/14/2005 (Leyva, Lucia)
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Case 1:04-cv-00048-T Document 54 Filed 06/30/2005 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF M O D E ISLAND PENNSYLVANIA GENERAL INSURANCE COMPANY, d d o JOHN SIROIS and SAFEGUARD INSURANCE COMPANY ds/o RUI HENRIQUES C.A. NO. 04-48T VS.
CHURCHILL & BANKS, LTD. and COTTAGE PLAZA, LLC J.H. LYNCH & SONS, INC.
DEFENDANTS, COTTAGE PLAZA ASSOCIATES, CHURCHILL & BANKS LLC, AND CHURCHILL & BANKS, LTD.'S, MOTION TO EXTEND DISCOVERY AND STATEMENT OF REASONS Defendants move this Court to extend the closure of discovery for forty five days, until August 15,2005. In support of this motion, defendants state the following: 1) Despite trylng repeatedly to serve a subpoena for deposition on a crucial witness to the event, as indicated in defendants' motion for alternative service filed with this Court, this crucial witness has not yet been deposed; 2) Defendants request an extension of forty five days to ensure time to obtain an order re alternative service of process and to schedule the deposition; 3) Plaintiffs' cause and origin expert was deposed on June 17, 2005, and the deposition transcript was first received by defense counsel on June 23,2005; 4) Defendants' cause and origin expert was deposed on June 24,2005; 5) The experts on security and demolition procedures were deposed on June 28 and
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Case 1:04-cv-00048-T Document 54 Filed 06/30/2005 Page 2 of 3 6) Only the transcript of one of the experts has been received by counsel to date; 7) Defendants position is that the expert testimony on cause and origin in particular is indispensable to determine the issue of proximate causation and superseding and intervening acts, which constitutes defendants' underlying argument for filing a motion for summary judgment in this case; 8) The final addendum to the Fire Marshall's report regarding its reopening the investigation again in 2005, was not received by defense counsel until May 27,2005; 9) This extension should not interfere with the progress of this case in the court system as pretrial memoranda are not due to be filed until September 1,2005. 10) Both attorneys for J.H. Lynch and Cottage Plaza Associates and Churchill and Banks have contacted the clerk requesting a conference on the issue of summary judgment motions, as required by the Court's pre-trial order, and the conference has not been scheduled as of yet; 11) Attorneys Quigley and Waksler (J.H. Lynch & Sons) have assented to this motion. Attorney Noone has not.
WHEREFORE, defendants respectfully request that this Court grant an extension of t h w days, until August 15, 2005, for the closing of discovery and for the filing of summaryjudgment motions.
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Case 1:04-cv-00048-T Document 54 Filed 06/30/2005 Page 3 of 3 COTTAGE PLAZA ASSOCIATES, LLC CHURCHILL & BANKS LLC, CHURCHILL & BANKS, Ltd.
Defendants, By their Attorneys, Deborah Johnson Collins (#7080) Law Offices of Faith LaSalle One Turks Head Place Suite 1010 Providence, RI 02903 Telephone: (40 1) 421-8080 Facsimile (40 1) 42 1-0677 Certification of Service a I hereby certify that on this day of this Motion to Extend Discovery to the Craig R. Waksler, Esq.
Stephen Adam, Esq.
Taylor Duane Barton & Gilman, LLP 10 Dorrance Street, Suite 700 Providence, RI 02903 Matthew F. Noone, Esq.
Cozen O'Connor The Atrium 1900 Market Street Philadelphia, PA 19103 Robert Quigley, Esquire McKenney, Jeffrey & Quigley 95 Chestnut Street, 6' Floor Providence, RI 02908 Marco Uriati, Esquire Roberts, Carroll, Feldstein & Pierce 10 Weybosset Street, 8' Floor Providence, RI 02903 r') ,2005, I mailed a copy of
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Case 1:04-cv-00048-T
Document 54
Filed 06/30/2005
Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF M O D E ISLAND
PENNSYLVANIA GENERAL INSURANCE
COMPANY, d d o JOHN SIROIS and
SAFEGUARD INSURANCE COMPANY
ds/o RUI HENRIQUES
C.A. NO. 04-48T
VS.
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
J.H. LYNCH & SONS, INC.
DEFENDANTS, COTTAGE PLAZA ASSOCIATES, CHURCHILL & BANKS LLC,
AND CHURCHILL & BANKS, LTD.'S,
MOTION TO EXTEND DISCOVERY AND STATEMENT OF REASONS
Defendants move this Court to extend the closure of discovery for forty five days,
until August 15,2005. In support of this motion, defendants state the following:
1)
Despite trylng repeatedly to serve a subpoena for deposition on a crucial witness
to the event, as indicated in defendants' motion for alternative service filed with this
Court, this crucial witness has not yet been deposed;
2)
Defendants request an extension of forty five days to ensure time to obtain an
order re alternative service of process and to schedule the deposition;
3)
Plaintiffs' cause and origin expert was deposed on June 17, 2005, and the
deposition transcript was first received by defense counsel on June 23,2005;
4)
Defendants' cause and origin expert was deposed on June 24,2005;
5)
The experts on security and demolition procedures were deposed on June 28 and
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Case 1:04-cv-00048-T
Document 54
Filed 06/30/2005
Page 2 of 3
6)
Only the transcript of one of the experts has been received by counsel to date;
7)
Defendants position is that the expert testimony on cause and origin in particular
is indispensable to determine the issue of proximate causation and superseding and
intervening acts, which constitutes defendants' underlying argument for filing a motion
for summary judgment in this case;
8)
The final addendum to the Fire Marshall's report regarding its reopening the
investigation again in 2005, was not received by defense counsel until May 27,2005;
9)
This extension should not interfere with the progress of this case in the court
system as pretrial memoranda are not due to be filed until September 1,2005.
10)
Both attorneys for J.H. Lynch and Cottage Plaza Associates and Churchill and
Banks have contacted the clerk requesting a conference on the issue of summary
judgment motions, as required by the Court's pre-trial order, and the conference has not
been scheduled as of yet;
11)
Attorneys Quigley and Waksler (J.H. Lynch & Sons) have assented to this
motion. Attorney Noone has not.
WHEREFORE, defendants respectfully request that this Court grant an extension
of t h w days, until August 15, 2005, for the closing of discovery and for the filing of
summaryjudgment motions.
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Case 1:04-cv-00048-T
Document 54
Filed 06/30/2005
Page 3 of 3
COTTAGE PLAZA
ASSOCIATES, LLC
CHURCHILL & BANKS LLC,
CHURCHILL & BANKS, Ltd.
Defendants,
By their Attorneys,
Deborah Johnson Collins (#7080)
Law Offices of Faith LaSalle
One Turks Head Place
Suite 1010
Providence, RI 02903
Telephone: (40 1) 421-8080
Facsimile (40 1) 42 1-0677
Certification of Service
a
I hereby certify that on this
day of
this Motion to Extend Discovery to the
Craig R. Waksler, Esq.
Stephen Adam, Esq.
Taylor Duane Barton & Gilman, LLP
10 Dorrance Street, Suite 700
Providence, RI 02903
Matthew F. Noone, Esq.
Cozen O'Connor
The Atrium
1900 Market Street
Philadelphia, PA 19103
Robert Quigley, Esquire
McKenney, Jeffrey & Quigley
95 Chestnut Street, 6' Floor
Providence, RI 02908
Marco Uriati, Esquire
Roberts, Carroll, Feldstein & Pierce
10 Weybosset Street, 8' Floor
Providence, RI 02903
r')
,2005, I mailed a copy of
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