Free Order - District Court of Delaware - Delaware

Case 1:04-cv—01250—SLR Document 14 Filed 08/24/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERNEST L. BROOKINS, )
Plaintiff, g
v. g Civ. No. 04-1250-SLR
RAPHAEL WILLIAMS, g
Defendant. g
O R D E R
At Wilmington, this c%§d day of August, 2005, defendant
having filed a motion to dismiss the complaint and an
accompanying brief on June 29, 2005 (D.I. I1);
IT IS ORDERED that:
I. Because matters outside of the pleadings were
presented to the court in support of said motion to dismiss, the
court will review the motion as one for summary judgment pursuant
to Fed. R. Civ. P. I2(b) and 56(b).
2. Because defendant relies upon an affidavit in
support of the motion, the averments of fact in the affidavit
shall be accepted as true, pursuant to Fed. R. Civ. P. 56(e), for
the purpose of deciding the motion unless plaintiff timely files
a counter-affidavit or statement under penalty of perjury
refuting said averments.
3. Briefing on this motion shall proceed in
accordance with the following schedule;

Case 1:04-cv—01250—SLR Document 14 Filed 08/24/2005 Page 2 of 2
a) Plaintiff shall file and serve a response to
defendant's motion (including an answering brief and accompanying
affidavits, exhibits, etc., if any) on or before September 26,
2005.
b) Defendant may file and serve a reply brief on
or before October 10, 2005.
United Staégs District Judge
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