Free Order Setting Briefing Schedule - District Court of Delaware - Delaware

Case 1:04-cv—OO329—SLR Document 23 Filed 10/O3/2005 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERNEST A. CRUMP, JR., )
Plaintiff, g
v. g Civ. No. 04-329-SLR
ROBERT MAY, THOMAS RYGIL, g
VINCE BIANCA, and STAN TAYLOR,)
Defendants. g
O R D E R
At Wilmington this ,]L.day of October, 2005,
defendants having filed a motion to dismiss the complaint and an
accompanying brief on September l2, 2005 (D.I. 21);
IT IS ORDERED that:
l. 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. l2(b) and 56(b).
2. Because defendants rely upon an affidavit in
support of their 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

Case 1:04-cv—OO329—SLR Document 23 Filed 10/O3/2005 Page 2 of 2
accordance with the following schedule:
a) Plaintiff shall file and serve a response to
defendants' motion (including an answering brief and accompanying
affidavits, exhibits, etc., if any) on or before October 31,
2005.
b} Defendants may file and serve a reply brief
on or before November 15, 2005.
United Stateé District Judge
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Case 1:04-cv-00329-SLR

Document 23

Filed 10/03/2005

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Case 1:04-cv-00329-SLR

Document 23

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