Honeywell Case

Defendants, HONEYWELL INTERNATIONAL, INC. (“Honeywell”), by its attorneys, Michael G. McQuillen, Austin W. Bartlett, Christopher J. Raistrick and James S. Koehler of ADLER MURPHY & McQUILLEN LLP, and MIDWEST AIR TRAFFIC CONTROL SERVICE, INC. (“Midwest”), by its attorneys, Donald G. Machalinski, Linda J. Schneider and Steven M. Sandler of MERLO KANOFSKY GREGG & MACHALINSKI Ltd., jointly move that this Honorable Court extend the time for the parties to complete fact discovery by 120 days. In support of their request, which the Plaintiffs do not oppose, Defendants state as follows:
1. This consolidated action arises out of an aircraft accident in Afghanistan on May 17, 2010, when a Russian-made airplane operating as Pamir Airways Flight 1102
The Plaintiffs’ claims against Honeywell arise, inter alia, out of its alleged negligence in designing and manufacturing an enhanced ground proximity warning system (EGPWS).
4. Further, Plaintiffs allege, inter alia, that Midwest employees failed to exercise due care with regard to issuing and monitoring air traffic control directives. Each of the Midwest individuals involved in air traffic control at the time of the occurrence was in Afghanistan.
5. On October 7, 2014, this Court entered an Order setting a deadline for completion of fact discovery by May 31, 2015. [Doc. 106.]
6. On April 3, 2015, this Court granted the Defendants’ uncontested joint motion for an extension of time for the completion of fact discovery and entered an order extending the fact discovery completion date to September 30, 2015. [Doc. 134.] As part of that order, the depositions of the Afghan representatives were to take place from 7:00 a.m. through 10:30 a.m., Central Standard Time, Monday through Wednesday. Due to the fact that the native language of the representatives from Afghanistan is Dari, the parties have required the use of an interpreter for these
Unfortunately, of the twenty-two depositions that have begun, the parties have only completed ten. The twelve depositions that the parties have begun but not completed were continued as a result of those depositions not being finished within the time allotted and/or documents and materials not being produced to the witnesses and/or defense counsel despite the parties’ efforts to have such materials available in a timely fashion. The parties’ ability to complete the depositions within the allotted time has been hindered, in part, by technical problems and by the deponents’ religious accommodations.
11. While the parties have begun deposing twenty two representatives of the twenty four Afghan Estates, there are additional representatives of said Estates that will need to be deposed. For instance, there are eleven wives of the decedents that have not yet been presented for their depositions.
12. Furthermore, during the depositions of the representatives of the Estates of Mirvace, Rafiullah, Dar Mohammed and Abdi, it was disclosed that additional witnesses had essential knowledge regarding the decedent, including but not limited to the decedent’s financial and employment information, which the Plaintiffs’ economist relies upon, at least in part, in formulating his opinions, or regarding information gathered from other entities regarding the occurrence. The Defendants believe that the depositions of these additional witnesses, and possibly others, are necessary in order to