Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01286-JJF

Document 35-2

Filed 12/13/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) TOWN OF SMYRNA, DAVID S. ) HUGG, III, individually and ) in his official capacity as ) Town Manager; ) BEVERLY A. HIRT, individually ) and in her official capacity ) as Director of the Smyrna ) Public Library; and ) HARVEY LEGGETT, individually ) and in his official capacity ) as Supervisor of Streets ) Foreman of Public Works, ) ) Defendants. ) KARI M.(SMITH)PRILLER,

C.A. No. 04-1286-JJF

STIPULATED AND UNOPPOSED AMENDMENT TO RULE 16 SCHEDULING ORDER The parties, through their undersigned counsel, hereby stipulate and agree as follows: 1. The Rule 16 Scheduling Order signed by the Court on May

23, 2005 provides for the filing of case dispositive motions on or before December 30, 2005. Subsequent to the issuance of the

Scheduling Order Judge Thynge scheduled a mediation conference for January 23, 2006. 2. Discovery is substantially complete. Counsel for the

parties recently conferred and determined there is a reasonable chance the case could be resolved at the mediation conference.

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Case 1:04-cv-01286-JJF

Document 35-2

Filed 12/13/2005

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3.

In view of the above, counsel request an extension of

the deadline for the filing of case dispostive motions to January 31, 2006.

SCMITTINGER & RODGRIGUEZ, P.A. /s/ Noel E. Primos William D. Fletcher, Jr., Esquire I.D. No.: 362 Noel E. Primos, Esquire I.D. No.:3124 414 South State Street P.O. Box 497 Dover, DE 19903 302-674-0140 Attorney for Plaintiff Date: December 13, 2005

AKIN & HERRON, P.A. /s/ Bruce C. Herron Bruce C. Herron, Esquire I.D. No.: 2315 1220 N. Market Street Suite 300 P.O. Box 25047 Wilmington, DE 19899 (302) 427-6987 Attorney for Defendants

Date: December 13, 2005

SO ORDERED this

day of December

, 2005.

Hon. Joseph J. Farnan, Jr.

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