CoStar Realty Information, Inc. et al v. Atkinson Hunt et al

Filing 40

Joint MOTION for Extension of Time to Complete Discovery by Atkinson Hunt.Responses due by 12/11/2006 (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Gorman, Francis)

CoStar Realty Information, Inc. et al v. Atkinson Hunt et al

Doc. 40

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Southern Division COSTAR REALTY INFORMATION and COSTAR GROUP Plaintiff v. ATKINSON HUNT, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. PJM-06-CV-655

DEFENDANTS' JOINT MOTION TO AMEND THE SCHEDULING ORDER Defendants, deadlines for having conferred as and to other how the existing matters

expert

disclosures

discovery

affect the ability of the parties to seek a settlement, and after discussions with Plaintiff, jointly move to amend the

existing Scheduling Order as filed on August 29, 2006, and say as follows: 1. 2006. 2. On September 15, the Plaintiff filed an Amended The Court entered a Scheduling Order on August 29,

Complaint.

Plaintiff also served Interrogatories and Requests

for Production of Documents. 3. Complaint. In October, In Defendants to have answered the the Amended

addition

answering

Amended

Complaint,

Defendants filed Cross Claims.

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Dockets.Justia.com

4. the

Plaintiff has had separate settlement discussions with during period from late September through

Defendants

November 2006.

These discussions are ongoing and at this time

appear to offer a reasonable possibility of resolving this case. 5. Plaintiff's discovery is extensive and may involve

objections, protective orders, and motions. Likewise, Defendants will have interrogatories and requests for documents to serve on Plaintiff if this matter is not settled. All parties will

notice and take depositions if this matter is not settled. 6. The main element of Plaintiff's damages claim is the

Plaintiff's own attorney's fees incurred by Plaintiff in this action. ongoing, For this reason, have while tried settlement to minimize discussions the are

Defendants

litigation

activities so as to avoid increasing Plaintiff's damages claim. 7. Counsel for Atkinson Hunt starts a two-week criminal

jury trial before Judge Garbis on December 4. 8. The position of Plaintiff's counsel with respect to

this request is that it does not object to or oppose the concept of extending discovery. The details of Plaintiff's position are

set forth in its e-mail to counsel for Atkinson Hunt, attached as Exhibit A. 9. Defendants need additional if time to conclude to the and

settlement

discussions

and,

necessary,

respond

initiate discovery and to retain experts.

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10.

For these reasons Defendants request that the Court

amend the deadlines in the Scheduling Order as follows:

February 12, 2007 February 28, 2007 March 5, 2007 April 2, 2007 April 9, 2007 April 30, 2007 11.

Defendants' experts

Rule

26(a)(2)

disclosures Rule

re

Plaintiff's rebuttal disclosures re experts

26(a)(2)

Rule 26(a)(2) supplementation of disclosures and responses Discovery report Deadline; submission of status

Requests for Admission Dispositive pretrial motions deadline

The granting of this Joint Motion will not alter or No trial date has yet been

impact the trial of this case.

scheduled by the Court in this action. WHEREFORE, the Defendants request that the Court grant this Joint Motion and enter the attached Order.

/s/ Francis J. Gorman, #00690 Michael S. Yang, #25951 GORMAN & WILLIAMS Two North Charles Street Baltimore, Maryland 21201 Phone: [phone] Fax: [phone] Attorneys for Defendant Atkinson Hunt

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/s/ Keith R. Truffer, #01153 (Signed by Francis J. Gorman with permission of Keith R. Truffer) Royston, Mueller, McLean & Reid 102 West Pennsylvania, Suite 600 Towson, Maryland 21204 Phone: [phone] Attorneys for Defendant Resource Realty CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22nd day of November, 2006, a copy of the foregoing Joint Motion to Amend Scheduling Order was electronically filed and served in accordance with the electronic filing guidelines on: Alan Saul Dalinka DLA Piper Rudnick Gray Cary US LLP 203 N. LaSalle St., Ste 1900 Chicago, Illinois 60601 Hugh J. Marbury DLA Piper Rudnick Gray Cary US LLP 6225 Smith Avenue Baltimore, Maryland 21209-3600 Keith R. Truffer Royston Mueller McLean and Reid LLP 102 W. Pennsylvania Ave., Ste. 600 Towson, Maryland 21204 Attorney for Defendant Resource Southern New Jersey ________/s/ Francis J. Gorman

Realty

of

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