Priddis Music, Inc. v. Trans World Entertainment Corporation

Filing 33

Letter Motion from Morgan A. Costello for Priddis Music, Inc. requesting Modification of Scheduling Order to Extend Expert Disclosure Deadlines submitted to Judge Homer. (Costello, Morgan)

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Priddis Music, Inc. v. Trans World Entertainment Corporation Doc. 33 Case 1:05-cv-00491-DNH-DRH Document 33 Filed 03/01/2006 Page 1 of 2 MORGAN A. COSTELLO Direct Dial (518) 447-3243 costello@mltw.com March 1, 2006 Electronically Filed Hon. David R. Homer United States District Court Magistrate Judge Nort hern District of New York James T. Foley U.S. Courthouse 455 Broadway Albany, New York 12207-2974 Re: Priddis Music, Inc. v. Trans World Entertainment Corporation Civil Action No. 05-CV-0491 (DNH/DRH) Dear Judge Homer: I am writing to request a modification of the Uniform Pretrial Scheduling Order to extend the expert disclosure deadlines for both parties by thirty (30) days. Under the Scheduling Order, plaintiff' expert disclosures are due no later than 90 days prior to the discovery deadline, s defendant' expert disclosure are due no later than 45 days prior to the discovery deadline and the s parties' rebuttal expert disclosures are due 30 days prior to the discovery deadline. The discovery deadline in this case is June 1, 2006, making plaintiff' expert disclosure s due on or before March 3, 2006. As the parties have just recently completed exchanging their initial disclosure documents and have not yet received responses to further discovery requests, the parties have agreed to extend the expert disclosure deadlines for each party by thirty (30) days. Thus, plaintiff' expert disclosures would be due no later than April 2, 2006, defendant' s s disclosures would be due no later than May 17, 2006 and any rebuttal expert disclosure would be due no later than June 1, 2006. No party will be prejudiced by this requested extension and no other requests to modify the Scheduling Order have been made. Therefore, plaintiff respectfully requests that you enter an Order modifying the Scheduling Order as set forth above. Dockets.Justia.com Case 1:05-cv-00491-DNH-DRH Hon. David R. Homer March 1, 2006 Page 2 Document 33 Filed 03/01/2006 Page 2 of 2 Respectfully submitted, s/ Morgan A. Costello cc: J. Matthew Donohue, Esq. Philip J. Iovieno, Esq., Boies, Schiller & Flexner LLP (cc: electronically) SO ORDERED: ______________________________________ Hon. David R. Homer United States District Court Magistrate Judge

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