Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:04-cv-01207-GMS

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Filed 12/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CORPORAL B. KURT PRICE, et al., Plaintiffs, v. COLONEL L. AARON CHAFFINCH, et al., Defendants.

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C.A.No.04-956-GMS

SERGEANT CHRISTOPHER D. FORAKER, Plaintiff, v. COLONEL L. AARON CHAFFINCH, et al., Defendants.

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C.A.No.04-1207-GMS

STIPULATION AND ORDER REGARDING A SHORT EXTENSION OF THE CASE DISPOSITIVE MOTION DEADLINE WHEREAS, on February 11, 2005, the Court entered its Rule 16 Scheduling Order, setting, January 13, 2006 as the deadline for all case dispositive motions. WHEREAS, in the intervening time period, the parties have engaged in discovery in good faith. WHEREAS, on November 30, 2005, defendants produced a large number of personnel files of potentially relevant comparators to plaintiffs. WHEREAS, plaintiffs are currently in the process of reviewing those personnel files for -1-

Case 1:04-cv-01207-GMS

Document 47

Filed 12/14/2005

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use in case dispositive briefing. WHEREAS, a large amount of electronic discovery still remains to be produced and the parties expect such discovery to be voluminous. WHEREAS, it is not expected that this electronic discovery will be produced to plaintiffs before December 19, 2005, at the earliest. WHEREAS, plaintiffs expect this electronic discovery to have significant bearing upon the case dispositive motions they expect to file on January 13, 2005. WHEREAS, plaintiffs will need time to review this discovery and incorporate it into their case dispositive motions. WHEREAS, a short ten day extension of the case dispositive motion deadline would give plaintiffs the time necessary to do so. It is hereby STIPULATED and AGREED by and between plaintiffs and defendants, subject to the approval of the Court, that: 1. The case dispositive motion deadline set forth in ¶ 7 of the Court's February 11, 2005 Rule 16 Scheduling Order is hereby amended, and all such motions, briefs and appendices shall be served and filed on or before January 23, 2005.

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Case 1:04-cv-01207-GMS

Document 47

Filed 12/14/2005

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THE NEUBERGER FIRM, P.A.

MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP /s/ Richard M. Donaldson RICHARD M. DONALDSON, ESQ. (#4367) NOEL C. BURNHAM, ESQ. (#3483) 300 Delaware Avenue, Suite 750 Wilmington, DE 19801 (302) 504-7800 [email protected] EDWARD T. ELLIS, ESQ. ROBERT J. FITZGERALD, ESQ. MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP 123 South Broad Street Philadelphia, PA 19109 [email protected] [email protected] Attorneys for Defendants Dated: December 14, 2005

/s/ Stephen J. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] Attorneys for Plaintiff Dated: December 14, 2005

IT IS SO ORDERED this ________ day of _______________, 2005.

THE HONORABLE GREGORY M. SLEET

FTU \ Pleadings \ Summary Judgment Briefing Stipulation.final

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