Free Response to Motion - District Court of Delaware - Delaware

E Case 1 :04-cv-01376-KAJ Document 65-2 Filed 05/10/2005 Page 1 of 2
p IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
i V FRANK E. ACIERNO, CHRISTIANA : I
l TOWN CENTER, LLC, a Delaware limited :
liability company, 395 ASSOCIATES, LLC,:
a Delaware limited liability company, and ;
i ESTATE HONIES, INC., a Delaware : V
{ corporation, I
i Plaintiffs, C.A. No. 04-1376
vi. A
GEORGE O. HAGGERTY, individually andi
in his official capacity as Assistant General : ‘
Manager of the New Castle County :
p Department of Land Use, SCOTT G. :
A WILCOX, individually and in his official :
capacity as a First Assistant County 1
Attorney, TIMOTHY P. MULLANEY, :
y individually and in his capacity as New :
Castle County Attorney, CHARLES L. :
BAKER, individually and in his capacity as :
General Manager of the New Castle County :
Department of Land Use, JAMES H. :
EDWARDS, individually and in his capacity: V .
as Inspections Manager and Licensing 1 .
Division Manager of the new Castle County 1
Department of Land Use, and SHERRY L. ;
FREEBERY, in her individual capacity as : ‘
Chief Administrative Officer of New Castle :
County, and NEW CASTLE COUNTY, a :
Political subdivision of the State of :
Delaware, _ :
Defendants. _ JURY TRIAL DEMANDED l
ORDER _ `
AND NOW this day of , 2005, the Defendants in this action 1
having ‘moved this Court for a briefing schedule regarding the Plaintif`fs’ Motion for {
l
Leave of Court to File Second Amended Complaint, and it appearing that at least some of [
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Case 1 :04-cv-01376-KAJ Document 65-2 Filed 05/10/2005 Page 2 of 2 j
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{ the matters proposed to be added in a Second Amended Complaint may be resolved
1 pursuant to the Court’s decision with respect to the currently pending Motions to Dismiss 1
1 filed by the Defendants, and it further appearing that the interests of justice and judicial U
1 economy and efficiency militate in favor of a deferral of briefing until after a decision
1 upon the Defendants’ Motions to Dismiss is rendered,
IT IS ORDERED that the Defendants’ Motion for the establishment of a briefing 1
1 schedule is hereby DENIED without prejudice until after the Court’s decision on the 1
f pending Motions to Dismiss is rendered.
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‘ Judge Kent A. Jordan
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