IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SCOTT RUFFING and KIMBERLY RUFFING, h/w :

:

vs. : NO. 02-CV-4422

:

KALMAR INDUSTRIES U.S.A. INC., :

and :

KI-NJ, LLC, :

and :

TES, Inc., :

and :

JOHN DOE, INC. (3-50), :

and :

JOHN DOE (1-50) :

ORDER

AND NOW, this day of , 2003, upon consideration of the Joint

Motion for a 90-day Continuance of the Deadlines Set Forth in the December 23, 2002 Scheduling Order, it is

hereby ORDERED and DECREED that the deadlines set forth in the Court's December 23, 2002 Scheduling

Order shall be extended by ninety (90) days. It is FURTHER ORDERED that this case will be placed in the

trial pool commencing October 1, 2003.

BY THE COURT:

__________________________

J.

Case 2:02-cv-04422-TJS Document 14 Filed 05/13/2003 Page 1 of 5
19183/00857/

MARSHALL, DENNEHEY, WARNER,

COLEMAN & GOGGIN

Jason Banonis, Esquire Attorney for Defendant,

I.D. 85115 KI-NJ, LLC

10 North Main St., 2nd Floor

Doylestown, Pa. 18901

(267)-880-2028

 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SCOTT RUFFING and KIMBERLY RUFFING, h/w :

:

vs. : NO. 02-CV-4422

:

KALMAR INDUSTRIES U.S.A. INC., :

and :

KI-NJ, LLC, :

and :

TES, Inc., :

and :

JOHN DOE, INC. (3-50), :

and :

JOHN DOE (1-50) :

JOINT MOTION FOR A 90-DAY CONTINUANCE

OF THE DEADLINES SET FORTH IN THE DECEMBER 23, 2002 SCHEDULING ORDER

Plaintiffs, Scott Ruffing and Kimberly Ruffing, and Defendant, KI-NJ, LLC, by and through their

respective attorneys, hereby jointly move this Honorable Court for an Order continuing the deadlines set forth

in the Court's December 23, 2002 Scheduling Order, for a period of ninety (90) days, and aver as follows:

1. Plaintiffs filed an Amended Complaint alleging products liability on the part of Kalmar

Industries USA, Inc., predecessor in interest to KI-NJ, LLC.

2. On December 23, 2002, this Honorable Court issued a Scheduling Order setting forth the various

deadlines for the parties to conduct discovery and prepare for trial. A copy of the Court's December 23, 2002

Scheduling Order is attached hereto as Exhibit "A".

Case 2:02-cv-04422-TJS Document 14 Filed 05/13/2003 Page 2 of 5
3. Pursuant to the Court's Scheduling Order, written discovery has been exchanged between

Plaintiffs and Defendant, KI-NJ, LLC.

4. The parties efforts to conduct additional discovery have been limited due to the lack of

cooperation from a critical witness and the naming of TES, Inc., as a Defendant.

5. Dan Imms ("Mr. Imms"), Director of Safety and Personnel for plaintiff's employer, Novolog

Bucks County, Inc. ("Novolog"), was noticed for deposition to occur on January 24, 2003, and again on

February 13, 2003. On both occasions, the depositions were cancelled at the request of Mr. Imms.

6. On February 19, 2003, the deposition of Mr. Imms eventually occurred. Mr. Imms offered

testimony potentially implicating Transport Equipment Sales ("TES") in this litigation. Mr. Imms stated that

TES originally owned and leased the forklift at issue to Novolog and later sold the forklift to Novolog.

7. Based on Mr. Imms' testimony, on March 10, 2003, Plaintiffs filed a motion to amend their

Amended Complaint to name TES, Inc., as a Defendant in this case.

8. On March 24, 2003, this Honorable Court entered an Order granting Plaintiffs' Motion to Amend

Complaint to Name TES as a Defendant.

9. On or about April 1, 2003, plaintiffs filed their Second Amended Complaint.

10. As of the date of this filing, no one has entered an appearance on behalf of co-defendant, TES, or

filed a responsive pleading on TES's behalf. A copy of the U.S. District Court for the Eastern District of

Pennsylvania docket is attached hereto as Exhibit "B". It appears, however, that counsel's entry of appearance

on behalf of TES should be filed in the immediate future.

11. Although this matter is currently listed to enter the trial pool on July 1, 2002, from the time of

Mr. Imms deposition on February 19, 2003, until the present, the parties have been unable to conduct any

discovery, other than issuing subpoenas for plaintiff's medical and employment records.

Case 2:02-cv-04422-TJS Document 14 Filed 05/13/2003 Page 3 of 5
12. The parties refrained from conducting meaningful discovery while awaiting the naming of TES

as a defendant and the entry of appearance of counsel for TES. The parties attempted to avoid the need to

duplicate discovery and waste judicial resources when TES ultimately became involved in this litigation.

13. Since Michael Takacs, Esquire, counsel for Defendant, TES, has submitted a Waiver of Service,

and apparently will enter his appearance in the immediate future, it appears that discovery may now proceed as

planned.

14. In particular, the parties plan to: (1) conduct written discovery of defendant TES; (2) depose

plaintiffs and the respective corporate representatives of defendants, KI-NJ, LLC, and TES; (3) conduct expert

discovery of the parties' respective expert witnesses; (4) prepare for and attend any necessary settlement

conference; (5) prepare and file any necessary dispositive motions; and (6) prepare for trial.

15. Accordingly, the parties respectfully request an additional ninety (90) days to complete the

aforementioned discovery and prepare this matter for trial.

WHEREFORE, Plaintiffs, Scott Ruffing and Kimberly Ruffing, and Defendant, KI-NJ, LLC,

respectfully request this Honorable Court enter the attached Order continuing the deadlines set forth in the

Court's December 23, 2002 Scheduling Order, for a period of ninety (90) days.

LAW OFFICES OF RICHARD A. STOLOFF MARSHALL, DENNEHEY, WARNER,

COLEMAN & GOGGIN

 

By: Richard A. Stoloff, Esquire By: Jason Banonis, Esquire

Attorney for Plaintiffs, Attorney for Defendant,

Scott Ruffing and Kimberly Ruffing KI-NJ, LLC

Case 2:02-cv-04422-TJS Document 14 Filed 05/13/2003 Page 4 of 5
CERTIFICATE OF SERVICE

I, Jason Banonis, Esquire, do hereby certify that a true and correct copy of Joint Motion for a 90-

Day Continuance of the Deadlines Set Forth in the December 23, 2003 Scheduling Order was served upon all

parties by first class mail on May 13, 2003 at the following addressees:

Richard A. Stoloff, Esquire

605 New Road

Linwood, NJ 08221

Michael Takacs, Esquire

Wilson, Elser, Moskowitz, Edelman & Dicker LLP

The Curtis Center, Ste. 1130

Independence Square West

Philadelphia, PA 19106

Respectfully submitted,

______________________________

JASON BANONIS, ESQUIRE

Identification No. 85115

10 North Main Street,

2nd Floor

Doylestown, PA 18901

(267) 880-2028

Attory for Defendant,

KI-NJ, LLC

Dated: May 13, 2003

Case 2:02-cv-04422-TJS Document 14 Filed 05/13/2003 Page 5 of 5