Free Status Report - District Court of Delaware - Delaware

Case 1 :06-cv—OO740-GIVIS Document 19 Filed O3/23/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD A. BILISKI, :
Plaintiff, :
v. Civil Action N0. 06-740-GMS
RED CLAY CONSOLIDATED SCHOOL
DISTRICT BOARD OF EDUCATION, et al., :
Defendants. :
JOINT STATUS REPORT
In accordance with the Court’s order dated March 7, 2007, the parties submit the
following report:
Jurisdiction and Service: The plaintiffs claim alleges termination from employment in
violation of plaintiff s right to procedural due process under the 14m Amendment. Jurisdiction is
based on a "federal question? All parties have been served.
Substance of the Action: The plaintiffs claim alleges termination from employment in
violation of plaintiff s right to procedural due process under the 14th Amendment. Defendants
deny that plaintiff had a property interest in his employment; deny that he was denied due
process; assert that the termination of plaintiffs employment was for legitimate business reasons
and that plaintiff would have been terminated regardless of any alleged due process violation.
Defendants preserve all of their defenses in the Answer to the Complaint.
Identification of Issues: (1) did the plaintiff have a "property interest” in continued
employment with the defendants? (2) did the procedures employed to terminate plaintiff s
employment meet the minimum requirements of procedural due process? (3) would plaintiff
have been terminated regardless of any alleged due process violation? (4) was plaintiff in fact
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Case 1:06-cv—OO740-Gl\/IS Document 19 Filed O3/23/2007 Page 2 of 2
afforded minimum requirements of due process required by law'? (5) what remedy, if any, should
be ordered if Plaintiff prevails?
Narrowing of Issues: N/A
Relief: Plaintiff is seeking reinstatement to former employment with an award of back
pay.
Amendment of Pleadings: N/A
Joinder of Parties: N/A
Discovery: For Plaintiff- two or three depositions; For Defendants - three depositions.
Estimated trial length: Not more than one day.
Jury trial: No.
Settlement: There have been no settlement discussions. Plaintiff is agreeable to ADR
including mediation before the magistrate. Defendants are agreeable to ADR, but believe that it
should take place after discovery and resolution of case dispositive motions in light of the legal
question concerning plaintiffs property interest, or lack there of, in his employment.
YOUNG, CONAWAY, STARGATT
& TAYLOR, LLP
/s/ Josegh M Bernstein /s/ Barry M Willoughby
Joseph M. Bernstein (No. 780) Barry M. Willoughby, Esquire (N0. 1016)
800 N. King Street, Suite 302 The Brandywine Building
Wilmington, DE 19801 1000 West Street- 17th Floor
(302) 656-9850; (302) 656-9836 Wilmington, DE 19801
Email: [email protected] (302) 571-6666; (302) 576-3345
Attorney for Plaintiff Email: [email protected]
Attorneys for Defendants
Dated: March 23, 2007
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