Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-01254-GMS

Document 230

Filed 05/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

HARRY SMITH, JR. and ROSLYN WOODARD SMITH, Individually and as Administrators of The ESTATE OF HARRY SMITH, III, Plaintiffs, v. JOHN CIRITELLA, THOMAS DEMPSEY, and MATTHEW KURTEN, Defendants. ________________________________________________________________________ JOINT PROPOSED POST-TRIAL BRIEFING SCHEDULE ________________________________________________________________________ The parties jointly respectfully request the Court set as the post-trial briefing schedule the following: 1) Plaintiffs' opening brief due June 8, 2007; 2) Defendants' response brief due July 9, 2007; and 3) Plaintiffs' reply brief due July 20, 2007. The basis for this request is the rationale articulated in the Memorandum and Order in Donald M. Durkin Contracting, Inc. v. City of Newark, No. 04-163 GMS, 2006 WL 3404819 (D. Del. Nov. 27, 2006), which provides parties the time needed to prepare and submit coherent, well-reasoned briefing of post-trial issues. CIVIL ACTION NO. 04-1254-GMS

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Case 1:04-cv-01254-GMS

Document 230

Filed 05/07/2007

Page 2 of 3

Plaintiffs are in the process of obtaining the pre-trial and trial transcripts, which were filed on or before April 26, 2007. Upon receipt, Plaintiffs will need at least two weeks to complete their brief, making appropriate pinpoint citations to the record. Because Plaintiffs will need approximately 30 days to prepare their post-trial brief, the parties believe Defendants also should be given 30 days thereafter in which to prepare and submit their response thereto. Therefore, the parties jointly request that the Court issue a 30/30/10 day briefing schedule. Respectfully submitted this 7th day of May 2007.

/s/ Anne T. Sulton Anne T. Sulton Admitted: Pro Hac Vice Sulton Law Offices Post Office Box 2763 Olympia, WA 98507 Telephone: (609) 468-6029 E-Mail: [email protected]

LOCAL COUNSEL: Kester I.H. Crosse Delaware State Bar I.D. #638 1214 King Street Wilmington, DE 19801 Telephone: (302) 658-3488 E-Mail: [email protected]

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Case 1:04-cv-01254-GMS

Document 230

Filed 05/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 7, 2007, I electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following:

Attorney John Parkins E-mail [email protected]

/s/ Anne T. Sulton Anne T. Sulton

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