Free Status Report - District Court of Delaware - Delaware

Case 1 :04-cv-00855-KAJ Document 24 Filed 06/22/2005 Page 1 of 2
T IGHE, COT TRELL & LOGAM P.A.
Attorneys at Law
704 NOR TH KING STREET] SUITE 500
P. O. BOX I 031
WILMINGTON, DELA WARE 19899
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HRA NCH OFF IC ES .‘
I3 WESTA VENUE I220C E/rSrJ0PPA Roan 20I 7 SPRING GA RDENSTREET
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J une 22, 2005
By Hand Delivery to Chambers
The Honorable Kent A. Jordan
United States District Court
844 North King Street
Lockbox 10
Wilmington, DE 19801
RE: Shawn Russell v. Inland Paperboard & Packaging
Civil Action No. 04-855 KAJ
Our File N0. 6946
Dear Judge Jordan:
Pursuant to Your Honor’s January l2, 2005 Scheduling Order, Paragraph 7, please allow
this letter to serve as the parties Interim Status Report. Counsel have conferred on the language
of this letter, and Plaintiffs counsel has authorized me to submit this report on behalf of both
parties.
The Court is aware that the parties participated in mediation before Magistrate Judge
Thynge on May 26, 2005. At this point, however, the matter remains unresolved. The parties are
committed to further settlement discussions, and a second date of August 22 was scheduled by
Magistrate Judge Thynge.
The parties await the Coun’s decision on plaintiffs motion to amend the complaint,
which was filed on or about April I4. Defendant filed a response on April 25, and plaintiff filed
a reply on May 4. To the extent the Court limits amending the complaint per defendanfs
objections, this will reduce the claims and narrow the focus of the patties discovery efforts.
Accordingly, neither party has served discovery, nor have Rule 26 disclosures been exchanged at
this time. Nor has defendant filed an answer to the amended complaint.

Case 1:04-cv-00855-KAJ Document 24 Filed 06/22/2005 Page 2 of 2
The Honorable Kent A. Jordan
June 22, 2005
Page Two
Counsel are keenly aware of the necessity for moving this matter forward, and wish to do
so with all due haste. However, neither side wishes to expend time and resources unnecessarily
if certain of plaintiffs claims are not permitted to go forward. Counsel therefor respectfully
request that Your Honor issue a decision on plaintiff’ s motion at the earliest opportunity.
Also pending is plaintiffs motion to extend discovery deadlines. Defendant does not
object to such extension, in light of the current status of discovery. Neither party, however,
wishes to delay trial in this matter, and it is respectfully requested that any change to the current
discovery schedule not unduly delay the current trial schedule. Trial is presently scheduled to
commence on February 21, 2006, and to take four (4) days.
Counsel are available at the Court’s convenience if there are any questions conceming
this Report, and offer their thanks for Your Honor’s consideration of the requests made herein.
Very truly yours,
TIGHE, COTTRELL & LOGAN, P.A.
By:
G. Kevin Fasi , tre
GKF/jt
Cc: Benjamin A. Schwartz, Esquire