United Aluminum Corp v. BOC Group Inc

Filing 48

ORDER 41 Proposed Amended Scheduling Order is SO ORDERED. Signed by Judge Holly B. Fitzsimmons on 3/6/09. (Milligan, C.) Modified on 3/12/2009 to creat a link to doc #41(D'Andrea, S.)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED ALUMINUM CORPORATION, Plaintiff, VS.

: : :

CIVIL ACTION NO. 3:08-cv-977

THE BOC GROUP, INC. D/B/A BOC GASES, Defendant.

: : FEBRUARY 23, 2009

AMENDED SCHEDULING ORDER The parties having appeared before the Court on February 11, 2009, with David L. Weiss of Cohen & Acampora appearing for Plaintiff United Aluminum Corporation ("UAC") and Anthony J. Marchetta of Day Pitney LLP appearing for Defendant Linde, Inc. ("Linde"); and the parties having requested an Amended Scheduling Order, as settlement negotiations in this matter have not resolved this dispute; and good cause having been shown; IT IS on this 6th day of March, 2009, ORDERED that: The parties shall propound written discovery requests and document demands by no later than March 9, 2009; and The parties shall exchange responses to any written discovery requests and document demands by no later than April 13, 2009; and Depositions of all witnesses, including third-party witnesses, principal party witnesses, expert witnesses, and FED. R. CIV. P. 30(b)(6) designees, shall commence on or about April 20, 2009 and shall be completed by no later than May 22, 2009; and All fact discovery, including third-party discovery, shall be completed by no later than June 15,

2009; and All pre-trial motions including dispositive motions are to be filed by no later than June 30, 2009; and Unless otherwise ordered, a party intending to call an expert witness must disclose a report signed by the witness containing the information required to be disclosed by FED. R. CIV. P. 26(a)(2)(B). All such expert reports will be disclosed by plaintiff by no later than April 13, 2009, and any such experts will be deposed by no later than May 1, 2009. All such expert reports will be disclosed by defendant by no later than May 8, 2009 and any such experts will be deposed by no later than May 22, 2009; and Any party with a claim or counterclaim for damages will serve a damages analysis by no later than April 20, 2009; and A joint trial memorandum will be filed by no later than July 31, 2009. If a summary judgment motion is filed, the joint trial memorandum will be due 30 days after a ruling on the motion; and The parties will be trial ready by August 15, 2009. If a summary judgment motion is filed the parties will be trial ready 60 days after a ruling on the motion; and Provisions in the Scheduling Order Regarding Case Management Plan, which are not amended by this Amended Scheduling Order continue to apply.

/s/ Dated: March 6, 2009 HON. HOLLY B. FITZSIMMONS, U.S.M.J.

The undersigned hereby consent to the form and entry of this Order: PLAINTIFF UNITED ALUMINUM CORPORATION DEFENDANT LINDE, INC., PREVIOUSLY KNOWN AS THE BOC GROUP, INC.

/s/ David L. Weiss David L. Weiss (ct 08884) COHEN and ACAMPORA 8 Frontage Road East Haven, CT 06512 Telephone: [phone] Facsimile: [phone] [e-mail]

/s/ Anthony J. Marchetta Anthony J. Marchetta (phv02764) DAY PITNEY LLP P.O. Box 1945 Morristown, NJ 07962 Telephone: [phone] Facsimile: [phone] [e-mail]