United States District Court, S.D. New York
April 11, 2005.
PETER WOLOWACZ et ano., Plaintiffs,
CHARLES ALLEN LANTHIER, et al., Defendants.
The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge
MEMORANDUM AND ORDER
1. On February 25, 2005, I granted the following extensions:
plaintiffs had until April 15, 2005 to exchange their expert
reports, defendants had until May 15, 2005 to exchange their
expert reports, and expert discovery would conclude on May 31,
2. By letter dated April 8, 2005, plaintiffs "request that the
deadline of April 15, 2005 in which to exchange plaintiffs'
expert report be extended to May 16th, defendants' time to
exchange reports be extended from May 13, 2005 to May 30th
and the completion date for expert discovery be extended from May
31st to June 16th."
3. Due to time constraints, plaintiff did not request
defendants' consent to these extensions. My law clerk contacted
defendants' counsel, Michael J. White. Mr. White consented to the
extensions, contingent on the same conditions as the February 25
4. Accordingly, I grant plaintiffs' requests, on the following
conditions: if Mr. Wolowacz undergoes the surgery described in
plaintiffs' counsel's letter, Defendants shall be entitled to a
further deposition of Mr. Wolowacz limited only to the issues of
the surgery and the subsequent recovery therefrom and plaintiffs
shall provide defendants with HIPPA-compliant authorizations for
any additional medical providers.
5. I also extend the deadline for defendants to make any
dispositive motions from June 15, 2005 to June 29, 2005 and the
deadline, if defendants make no dispositive motions, for the
parties to file the Joint Pre-Trial Order from July 15, 2005 to July 29, 2005.
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