Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1:06-cv-00770-JJF

Document 44

Filed 02/19/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE * * * * * Plaintiffs * * * Civil Action No. 06-770-JJF * * * * Defendants * ********************************************** MOTION FOR LEAVE TO FILE SURREPLY 1. Defendants seek leave of this Court to file a Surreply to the Plaintiffs' Reply Brief in Support of Their Joint Motion for Summary Judgment, filed with this Court on February 14, 2008. 2. Pursuant to D.Del. L. R. 7.1.2, "[u]nless otherwise ordered by the Court" the briefing schedule for any dispositive motion shall include an Opening Brief, Answering Brief and Reply Brief, . 3. "No additional briefs . . . in support of or in opposition to the motion shall be filed without prior approval of the Court." See D. Del. L.R. 7.1.2(c). 4. Defendants seek the Court's indulgence to file a Surreply to this brief due to misstatements of fact and law in Plaintiffs' Reply Brief. 5. Said Surreply shall conform to the standards for form, content and length of Reply Briefs prescribed by D. Del. L. R. 7.1.3(a) and (c).

BOARD OF EDUCATION OF THE APPOQUINIMINK SCHOOL DISTRICT, et al.,

v. S Q J, V et al.,

Case 1:06-cv-00770-JJF

Document 44

Filed 02/19/2008

Page 2 of 3

RESPECTFULLY SUBMITTED, /s/ Wayne D. Steedman Wayne D. Steedman, Esq. Federal Bar No. 09474 Callegary & Steedman, P.A. 201 N. Charles St., Suite 1402 Baltimore, MD 21201 (410) 576-7606 [email protected] Attorney for Defendants /s/ Bruce L. Hudson Bruce L. Hudson, Esq. Delaware Bar No. 1003 Law Office of Bruce L. Hudson 800 N. King St., Suite 302 Wilmington, DE 19801 (302) 656-9850 [email protected] Attorney for Defendants

CERTIFICATION Pursuant to Local Rule 7.1.1, counsel hereby certifies that he attempted to contact opposing counsel on February 18, 2008, to seek their agreement to allow Defendants to file a Surreply. Counsel was unable to reach counsel for the Department by phone. However, counsel for the Board advised that he did not agree to Defendants' motion, and would object. /s/ Wayne D. Steedman Wayne D. Steedman, Esq.

Case 1:06-cv-00770-JJF

Document 44

Filed 02/19/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE * * * * * Plaintiffs * * * Civil Action No. 06-770-JJF * * * * Defendants * ********************************************** ORDER The matter being before the Court on Defendants' Motion for Leave to File a Surreply, it is this ____ day of _____, 2008, hereby: ORDERED that the Defendants' Motion is GRANTED, and ORDERED that Defendants' Surreply shall be filed with this Court no later than the close of business on February 29, 2008; SO ORDERED.

BOARD OF EDUCATION OF THE APPOQUINIMINK SCHOOL DISTRICT, et al.,

v. S Q J, V et al.,

_________________________ The Honorable JOSEPH J. FARNAN, Jr. United States District Judge