DOCKET NO. : DBD-CV-1 5-60 I 8082 BIODEL INC., Plaintiff, v. IINILIFE MEDICAL SOLUTIONS, INC., Defendant. SUPERIOR COURT JUDICiAL DISTRICT OF DANBURY APRIL 15,2016 CONSENTED TO MOTION TO AMEND SCHEDULING ORDER Pursuant to Practice Book $ 1 I - I , Plaintiff Biodel Inc. hereby moves the Court for permission to amend the joint Scheduling Order filed on December 16,2015 [dkt. no. 117.00], by filing the amended Scheduling Order attached as an exhibit hereto. The purpose of the amendment is to allow additional time for the parties to discuss the potential resolution of this case without further litigation. The proposed Amended Scheduling Order was developed in consultation with Defendant's counsel, and Defendant consenls to the proposed deadlines. Notably, the Amended Scheduling Order would extend the deadline to file a motion for summary judgment to August 14,2076, which is less than eight months before the current trial date of March 1, 2017 . Although the parties are content to keep the current trial date, the Amended Scheduling Order supplies later alternative dates, and Plaintiff will file a motion to continue the trial date if the Court so requires. PLAINTIFF, BIODEL INC BY: /s/ Jeffrey P. Nichols David A. Slossberg David L. Belt Lawrence S. Grossman Jeffrey P. Nichols HURWITZ SAGARIN SLOSSBERG & KNUFF LLC i47 North Broad Street, P.O. Box 112 Milford, Connecticut 06460 Juris No. 026616 Tel: (203) 877-8000 Fax: (203) 878-9800 Email:
[email protected] D
[email protected] LGrossman@hssklaw. com
[email protected] OF COLINSEL Michael P. Carroll Davis Polk & Wardwell LLP 450 Lexington Avenue New York, NY 10017 Telephone: (212) 450-4500 Fax: (212) 701-6693 Email :
[email protected] Its Attorneys 2 CERTIFICATION I hereby certify that a copy of the above was mailed or electronically delivered on April 15,2016 to all counsel and self-represented parlies of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were electronically served: Catherine A. Mohan, Esq. James E. Regan, Esq. MCCARTER & ENGLISH City Place I 185 Asylum Street Hartford, CT 06103
[email protected] [email protected] Robert M. Palumbos, Esq. DUANE MORRIS LLP 30 South 17th Street Philadelphia, PA 19103
[email protected] /s/ Jeffrey P. Nichols Jeffrey P. Nichols 1 E,XHIBIT A SCHEDULING ORDER JD-CV-71 Rev. l-10 CONNECTICUT JUDICIAL BRANCH SUPERIOR COURT
www.jud.ct.gov lnstructions 1. Complete all sections and file with the clerk. 2. All counset and self-represented parfies of record must sign the fully completed form and keep a copy for their records COURT USE ONLY SCHORD Jud¡cial District of Danbury Name of case Biodel lnc. v. Unilife Medical Solutions, lnc. Conference dale (lf known) Docket number DBD-CV-1s-6018082 Alternate Dispute Resolution Have the parties discussed alternative dispute resolution methods (ADR), including court-annexed mediation, binding arbitration, and private mediation? Are all parties willing to refer the case to PRIVATE ADR? Are there reasons why this case should be referred to the Complex Litigation Docket (CLD)? ln court cases, are the parties willing to try the case before an ATTORNEY TRIAL REFEREE? ln jury cases, are the parties willing to try the case (with a jury) before a JUDGE TRIAL REFEREE? Discovery Order By order of the Presiding Judge, the following discovery order is entered. A party who does not follow this order may be sanctioned by having to pay a fìne; having proposed evidence excluded at trial; having the case dismissed; being defaulted or non-suited; or other sanctions. 1. File Certificate of Closed Pleadings (JD-CV-11) by ¡aate¡: 04t01t2016 1t19t2016 n v"t n Yes n v"t n Y". n v"" tr aE X tr No No No No No 4. Any dispositive mot¡ons, including motions for summary judgment, shall be fìled by: Gt teast I months before triat) 8114120',|6 Responses to dispositive motions shall be filed by ¡date¡: 9t14t2016 2. Exchange written discovery requests by ¡aate¡: 3. Exchange responses to discovery requests by øate): See below 1112120',|6 Defendants by @ate): 5t16t2016 Defendant's experts by ¡aate¡'. See Below 10t31t201 6 5. Dispositive motions shall be marked ready on the short calendar no later than ¡aate¡'. 6. Disclose Plaintiffs experts by 7. Complete depositions of (date): See below Defendant's experts by ¡date¡: See below Fact witnesses by @ate): Plaintiffs by ¡date¡: Plaintiffs experts by ¡aatel 5t16t2016 5t16t2016 See Below Note: The Court will not act on a request for a continuance based on incomplete discovery unless the parties have followed the Standing Discovery and Deposition Dispute Order which may be viewed on the Judicial Branch website at vvvvw.j u d. ct. gov/exte m al/su p e r/Sta nd O rde rs/di scove ry. htm. 8. For jury cases only: The verdict will likely be fi more than $50,000 fl less than $50,000 9. Finish lndependent Medical Exam(s) (l.M.E.) by @ate): 10. ls there a case that should be consolidated with this one? ! Yes X No Docket number: 11. Motion to consolidate this case with the below-named case is to be fìled and marked ready by ¡aatel Docket number Name of case to consolidate w¡th 12. When will this case be ready for a meaningful settlement conference? 13. Other scheduling orders: Party with affirmative claims must disclose experts by 61412016; Depositions of experts disclosed by party with affirmative claims to be completed by 71312016; Disclosure of rebuttal experts by 712312016; Depositions of rebuttal experts to be completed by 8/8/2016. Responses to Plaintiffls First Set of lnterrogatories and First Set of Requests for Production to be served by 5/6/2016. 14. Other Orders: To be placed on the jury list for March 1, 2017 Counsel and all sellrepresented pañies of record should indicate a date for pretrial, however it will st¡il be subiect to review by the court. Counsel and self-represented pañies will be notified of the date and time scheduled for pretrial. 15. Give 3 dates when all pa rties are available to start the trial: 1. 3,t'lt2o,t7 16.4 pretrial conference will be held in this case on or about l¿ate): 2121t2o1z (Continued on next page) 2. ¿nztzolz 3. ¿tz¿tzo'n Agreement Name of attorney/SelÊrepresented party* Name of attorney/Self-represented party. Name of attorney/Self-represented party* Name of attorney/Self-¡'epresented partyName of attorney/Self-represented party* Name of attorney/Self-represented partyt Name of attorney/Self-represented party* Name of attorney/Self-represented partyt " If necessary, attach additional sheet with names of counsel/self-represented paft¡es that are in agreement with the proposed order. I certify that this proposed order has been agreed to by all counsel and self-represented parties of record. Certification Signed índlvrdual aftorney or self-represented pañy) I certify that a copy of this motion was mailed or delivered to all counsel and self-represented parties in the case on: Name of each party mot¡on was ma¡led or del¡vered to' Address mot¡on was ma¡led or delivered to. was mailed or delivered to and the address mot¡on was mailed or Phone number (area code f¡rst) to. *lf necessary, attach additional sheet w¡lh the names of each pafty Order (For Court llse Only) The above proposed order having been considered, it is HEREBY ORDERED DATE SIGNED (lnd¡v¡dual attorney or self-represented pañy) Date issued n Granted JD-CV-71 Rev. l-10 (Back/Page 2) fl oenied The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact the court clerk of the Judiciat District on the fronUpage 1 of this form. wwwjud.ct.gov/ADAl Signed (Judge)
