Free Stipulation - District Court of Delaware - Delaware

Case 1:08-cv-00236-SLR

Document 7

Filed 06/23/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

WINDING CREEK, LLC, et al. Petitioners, v. KENT COUNTY LEVY COURT, et al. Respondents. C.A. No. 08-236-SLR

STIPULATION AND ORDER

Under Rule 81 of the Federal Rules of Civil Procedure, the parties hereby stipulate and agree, subject to the Order of the Court, to remand the above-captioned case to the Delaware Court of Chancery for the reasons that follow: 1. On March 31, 2008, a case styled Winding Creek, LLC, et al. v. Kent County Levy

Court, et al., 3662-VCN was filed in the Delaware Court of Chancery. The Chancery Court case challenged Kent County's adoption of two ordinances prohibiting community wastewater treatment facilities and included various state and federal law claims. On April 25, 2008, the Respondents removed the Chancery court case to this Court under Fed. R. Civ. P. 81. 2. On May 28, 2008, Tidewater Utilities, Inc. filed a similar case in Chancery Court

against Kent County challenging the same ordinances on many of the same grounds as the Winding Creek case. See Tidewater Utilities, Inc. v. Kent County Levy Court, et al., 3790-VCS. 3. Because the primary focus of the two cases are state-law claims and the

coordinated administration of the two cases before the same court would promote judicial

Case 1:08-cv-00236-SLR

Document 7

Filed 06/23/2008

Page 2 of 2

efficiency, the parties believe that a remand of the Winding Creek case back to Chancery Court would best serve this goal. 4. The parties, therefore, stipulate and agree to remand the above-captioned case to

the Delaware Court of Chancery and ask the Court to enter this Stipulation and Order at its convenience. IT IS SO STIPULATED AND AGREED:

PRICKETT, JONES & ELLIOTT, P.A.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN /s/ Joseph Scott Shannon Joseph Scott Shannon, Esquire (#3434) [email protected] 1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, Delaware 19899-8888 (302) 552-4317 Attorneys for the Respondents

/s/ John W. Paradee John W. Paradee, Esquire (#2767) [email protected] Kevin M. Baird, Esquire (#4219) 11 N. State Street Dover, Delaware 19901 (302) 674-3841 Attorneys for the Petitioners

ORDER

At Wilmington this _________ day of June, 2008, having reviewed the parties' Stipulation and Order: IT IS ORDERED that the above-captioned case is hereby REMANDED to the Delaware Court of Chancery.

____________________________________ United States District Judge