Free Order on Motion to Stay - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 310 Filed 10/31/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DONALD M. DURKHQ CONTRACTING, )
INC., )
)
Plaintiff )
)
v. )
)
CITY OE NEWARK, et al., )
)
Defendants )
)
and ) C.A. N0. 04-163 GMS
)
CITY OF NEWARK, et al., )
)
Third—Party Plaintiff )
)
v. )
)
DONALD M. DURKIN CONTRACTING, )
INC., AND FEDERAL INSURANCE )
COMPANY, )
)
Third—Pa1ty Defendants )

ORDER
WHEREAS, at the conclusion oftrial on October 5, 2006, the court directed the parties to
submit a proposed post—trial briefing schedule for the cou1t’s approval;
WHEREAS, on October 18, 2006, counsel for Defendant City of Newark (the "Cit)F’)
filed a letter (D1. 301) with a proposed briefing schedule and specific requests regarding the trial
transcript,
WHEREAS, on October 19, 2006, the court issued an oral order DENYlNG counsel’s
letter request for the court to indicate the availability of the trial transcript by a minute entry on

Case 1 :04-cv—00163-GIVIS Document 310 Filed 10/31/2006 Page 2 of 2
the docket and directing the parties to "file a proposed stipulated briefing schedule (regarding
post—verdict motions) with the Court" for the court ’s approval, upon receipt of the full trial
transcript;
WHEREAS, on October 24, 2006, the City filed multiple post-trial motions and briefs
(D.I. 302 — 304), followed by the filing of multiple motions and briefs by Plaintiff Durkin M.
Contracting, Inc., on October 25, 2006 (D.I. 305 — 309), all in the absence ofa briefing schedule
approved by the court.
IT IS HEREBY ORDERED that:
I. The court shall strike from the record the parties’ post-verdict motions and briefs
(D.I. 302 — 309) filed on October 24-25, 2006.
2. The parties shall submit a proposed post—verdict briefing schedule for the court’s
approval, in compliance with the court’s oral order of October 19, 2006.
Dated: October Q, 2006 UNITED STA és DIS RICT JUDGE
F I L E D
0Ci` 3 l ; . . Q
us. msmicr COURT
oisrmcr OF DELAWARE
-2-

Case 1:04-cv-00163-GMS

Document 310

Filed 10/31/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 310

Filed 10/31/2006

Page 2 of 2