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

Case 1:04-cv-00956-GMS

Document 114

Filed 03/15/2006

Page 1 of 2

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

STIPULATION AND ORDER REGARDING THE BRIEFING SCHEDULE ON PLAINTIFFS' MOTION TO STRIKE (D.I. 105) WHEREAS, on February 24, 2006, plaintiffs filed a motion to strike. (D.I. 105). WHEREAS, on Friday, March 10, 2006, defendants filed and served their Answering Brief in opposition to plaintiffs' motion. (D.I. 110). WHEREAS, defendants inadvertently uploaded the wrong document to the CM/ECF electronic filing system. As a result, plaintiff did not receive a copy of defendants' Answering Brief until Monday March 13, 2006. WHEREAS, Local Rule 7.1.2(a)(3), explicitly gives plaintiffs five (5) business days to file their Reply Brief in support of their original motion. WHEREAS, Rule 6(e) of the Federal Rules of Civil Procedure adds three (3) days to the prescribed period for the plaintiffs' Reply Brief. WHEREAS, the docket wrongly indicates that plaintiffs' Reply Brief is due March 17, 2006, rather than March 20, 2006. WHEREAS, the parties agree that plaintiffs' Reply Brief should be due on March 20, -1-

Case 1:04-cv-00956-GMS

Document 114

Filed 03/15/2006

Page 2 of 2

2006. It is hereby STIPULATED and AGREED by and between plaintiffs and defendants, subject to the approval of the Court, that Plaintiffs' Reply Brief in support of their motion to strike is due on March 20, 2006.

THE NEUBERGER FIRM, P.A.

MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP /s/Noel C. Burnham 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: March 15, 2006

/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: March 15, 2006

IT IS SO ORDERED this ________ day of _______________, 2006.

_________________________________ THE HONORABLE GREGORY M. SLEET

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