Discovery is a fact-finding process that takes place after a lawsuit has been filed and before trial in the matter, in order to allow the parties in the case to prepare for settlement or trial. It is based upon the belief that a free exchange of information is more likely to help uncover the truth regarding the facts in issue. Court rules and state rules of evidence govern the discovery procedure.
"05/03/2012 4 NOTICE by Erwin Grampp NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i) AS TO DEFENDANT JAMES FAIRBAIRN ONLY (Pastor, David) (Entered: 05/03/2012)
Even though the 8-K announcing Fairbairn's appointment to the board said: "On January 3, 2010, the Board of Directors of JBI, Inc. (the "Company") appointed Mr. James Fairbairn to the Company’s Board of Directors." he was obviously not appointed until January 3, 2011. The 8-K itself was file on 1/6/11.
Even though he was chairman of the Audit Committee, he didn't assume that function until well after the Q3 2009 10Q, the 2009 10K and the Form 8-K acknowledgment that they required restatement were filed. The two 2009 10K/A's reflecting the restatements were also filed prior to his appointment to the board. Grampp was wise in deciding to dismiss him from the suit......he apparently shouldn't have been a defendant in the first place.
DEFENDANTS’ STIPULATED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Defendants John Bordynuik, Dr. Jacob Smith, Ronald C. Baldwin, Jr., Amy Bradshaw, John M. Wesson, Robin Bagai, Gregory Goldberg, and Theodore J. Henry (the “Individual Defendants”), and JBI, Inc., with the stipulation of Plaintiff Erwin Grampp, respectfully request that the Court extend the deadline for Defendants to answer, move, or otherwise respond to the Complaint until July 27, 2012. In support of this Motion, Defendants state as follows:
1. On March 16, 2012, Plaintiff filed the Complaint in this action.
2. Several of the Individual Defendants have not yet been served with the summons and Complaint, including Mr. Bordynuik, who resides in Canada.
3. Counsel for the Individual Defendants has agreed to accept service on behalf of all of the Individual Defendants, preserving any objections to personal jurisdiction, venue, or forum non conveniens.
4. To permit the numerous Defendants sufficient time to prepare their responses to the Complaint, and so that the pleading dates of all Defendants remain on the same schedule, Defendants request that the Court extend the time for all Defendants to file a responsive pleading or motion to July 27, 2012. Notably, if the parties instead proceeded under Fed. R. Civ. P. 12(a)(1)(A)(ii), Mr. Bordynuik would have 90 days to respond to the Complaint as a non-U.S. defendant, and several other defendants would have 60 days to respond.
5. In addition, should the Defendants respond to the Complaint by motion, the parties have agreed to the following briefing schedule, subject to the Court’s approval:
Deadline for Defendants’ Motions: July 27, 2012
Deadline for Plaintiff’s Response: September 25, 2012
6. Plaintiff stipulates to this Motion and the requested briefing schedule.
7. WHEREFORE, the Court should allow Defendants’ request for an extension of time until July 27, 2012 to answer, move, or otherwise respond to the Complaint, and enter the above briefing schedule as to any responsive motions filed.
Dated: May 3, 2012
Respectfully submitted, /s/John G. Wheatley John G. Wheatley, BBO #670989 MELICK PORTER & SHEA LLP 28 State Street Boston, MA 02109 617 523-6200 (tel) 617 523-8130 (fax) jwheatley@melicklaw.com
Michael R. MacPhail (pro hac motion forthcoming) Leif T. Simonson (pro hac motion forthcoming) Matthew B. Kilby (pro hac motion forthcoming) FAEGRE BAKER DANIELS LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 (612) 766-7000 (612) 766-1600 – fax Michael.MacPhail@faegrebd.com Leif.Simonson@faegrebd.com Matthew.Kilby@faegrebd.com
Counsel for John Bordynuik, Dr. Jacob Smith, Ronald C. Baldwin,Jr., Amy Bradshaw, John M. Wesson, Robin Bagai, Gregory Goldberg, and Theodore J. Henry
/s/Edward D. Shoulkin Edward D. Shoulkin, BBO #555483 TAYLOR DUANE BARTON & GILMAN LLP 160 Federal Street Boston, MA 02110 (617) 654-8200 eshoulkin@taylorduane.com Counsel for Nominal Defendant JBI, Inc.
/s/ David Pastor David Pastor, BBO #391000 PASTOR LAW OFFICE LLP 63 Atlantic Avenue, 3rd Floor Boston, MA 02110 (617) 742-9700 Beth A. Keller Nicholas W. Moyne FARUQI & FARUQI, LLP 369 Lexington Avenue, 10th Floor New York, NY 10017 (212) 983-9330
and
Michael J. Hynes 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 (215) 277-5770 Counsel for Plaintiff
05/03/2012 6 Assented to MOTION for Extension of Time to July 27, 2012 to respond to pleading (plaintiff's complaint) by Robin Bagai, Ronald C Baldwin, Jr., John Bordynuik, Amy Bradshaw, Gregory Goldberg, Theodore J Henry, Jacob Smith, John M Wesson.(Wheatley, John) (Entered: 05/03/2012)
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