IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

JOYCE R. MONGER :

: CIVIL ACTION - LAW

:

v. : NO. 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

_____________________________________

PLAINTIFF'S MOTION TO EXTEND DISCOVERY, EXTEND DEADLINE FOR

MOTIONS FOR SUMMARY JUDGMENT AND TO RESCHEDULE TRIAL

DATE

Plaintiff, Joyce Monger, by and through her undersigned counsel, respectfully

requests that this Honorable Court extend the revised discovery deadline, extend the

deadline for the filing of motions for summary judgment, and reschedule the date for trial

of this action, and in support thereof avers as follows:

1. The original Scheduling Order for this action, entered on August 20, 2002,

provided a discovery deadline of December 2, 2002, however, that Order further

provided that the parties could thereafter continue to conduct discovery "...by agreement

of the parties without court approval..." (See Exhibit "A," August 20, 2002 Scheduling

Order.)

2. The original Scheduling Order further provided a deadline for filing of

motions of summary judgment of January 2, 2003, and further provided that trial would

begin on March 17, 2003. (See Exhibit "A.")

3. Thereafter, upon the filing of the parties' Stipulated Motion for Extension

of Discovery, this Court granted the parties' Motion in part, extending the discovery

Case 2:02-cv-02757-TJS Document 11 Filed 12/13/2002 Page 1 of 5
deadline until January 17, 2003, and also extending the deadline for filing motions for

summary judgment until January 17, 2003. (See Exhibit "B," December 4, 2003 Order.)

4. The parties have exchanged written discovery requests.

5. The parties have been attempting to schedule depositions, but have been

unable to do so due to scheduling conflicts of the parties and counsel.

6. Defendant, Salomon Berenholz is unavailable for deposition until January

10, 2003.

7. The undersigned, counsel for Plaintiff, has a deposition scheduled for

January 10, 2003 in the matter of Tornetta, et al. v. CNA Ins. Co., et al., C.C.P.,

Montgomery County, No. 98-14580.

8. Additionally, the undersigned is scheduled to begin trial in the matter of

Provco Ventures I, L.P. et al. v. Lumion Corp., et al., C.C.P., Delaware County, No. 02-

2628 for the four (4) week period beginning January 13, 2003. 

9. Given Defendant's unavailability for deposition before January 10, 2003,

and the undersigned's previously scheduled deposition and trial in the above captioned

matters, the undersigned will be unable to conduct Defendant's deposition and prepare a

motion for summary judgment within the time frames afforded by this Court's current

discovery deadline and deadline for motions for summary judgment.

10. Moreover, the undersigned respectfully submits that should this Court

further extend the deadlines for discovery and filing of motions for summary judgment, it

will be necessary to reschedule trial of this matter for at least thirty (30) days following

the current scheduled trial date of March 17, 2003, so as to allow the Court ample time to

Case 2:02-cv-02757-TJS Document 11 Filed 12/13/2002 Page 2 of 5
consider any motions for summary judgment, and responses thereto, filed by the parties

to this action.

11. A thirty (30) day extension of the current discovery deadline, the current

deadline for motions for summary judgment, and the trial date will allow the parties time

to complete depositions, file motions for summary judgment, and have those motions

considered by this Court prior to trial.

12. Counsel for Defendant is in agreement with the requested extensions.

WHEREFORE, Plaintiff, Joyce monger, by and through her undersigned counsel,

respectfully requests that this Honorable Court further extend the deadlines in this action

as follows:

1. Discovery Deadline: February 17, 2003

2. Deadline for Filing Motions for Summary Judgment: February 17, 2003

3. Trial Date: April 17, 2003

Dated: December _____, 2002 

GARY A. DeVITO, ESQUIRE

I.D. No. 36421

Zarwin Baum DeVito Kaplan 

 O'Donnell & Schaer, P.C.

1515 Market Street, Suite 1200

Philadelphia, PA 19102

215/569-2800

Attorneys for Plaintiff

Case 2:02-cv-02757-TJS Document 11 Filed 12/13/2002 Page 3 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

JOYCE R. MONGER :

: CIVIL ACTION - LAW

:

v. : NO. 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

_____________________________________

ORDER

AND NOW, this ______ day of December, 2002, upon consideration of Plaintiff's

Motion to Extend Discovery, Extend Deadline for Motions for Summary Judgment, and

to Reschedule Trial Date, it is ORDERED that Plaintiff's Motion is GRANTED, and

that this Court's previous Order of December 4, 2002, is modified as follows:

1. The Discovery deadline is extended to February 17, 2003.

2. The deadline for filing motions for summary judgment is extended to

February 17, 2003. All other portions of this Court's December 4, 2002 Order regarding

the filing of motions for summary judgment to remain intact.

3. The presently scheduled trial date of March 17, 2003 is adjourned. Trial

in this action shall begin on April 17, 2003.

4. In all other respects, the Scheduling Order entered on August 16, 2002

shall remain in effect.

BY THE COURT:

____________________________________

TIMOTHY J. SAVAGE, J.

Case 2:02-cv-02757-TJS Document 11 Filed 12/13/2002 Page 4 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

JOYCE R. MONGER :

: CIVIL ACTION - LAW

:

v. : NO. 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

_____________________________________

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on December 13, 2002, a true and correct

copy of Plaintiff's Motion to Extend Discovery, Extend Deadline for Motions for

Summary Judgment and to Reschedule the Trial Date, with all attachments, was sent via

U.S. Mail, postage prepaid to:

Michael G. Trachtman, Esquire

Powell, Trachtman, Logan, Carrle, Bowman & Lombardo

427 Allendale Road, Suite 200

King of Prussia, PA 19406

Counsel for Defendant

Dated: December _____, 2002 

GARY A. DeVITO, ESQUIRE

I.D. No. 36421

Zarwin Baum DeVito Kaplan 

 O'Donnell & Schaer, P.C.

1515 Market Street, Suite 1200

Philadelphia, PA 19102

215/569-2800

Attorneys for Plaintiff

Case 2:02-cv-02757-TJS Document 11 Filed 12/13/2002 Page 5 of 5