Free Status Report - District Court of Delaware - Delaware

Case 1:08-cv-00236-SLR

Document 3

Filed 05/15/2008

Page 1 of 2

PRICKETT, JONES & ELLIOTT
WAYNE N. ELLIOTT JOHN W. PARADEE D. BENJAMIN SNYDER* GLENN C. MANDALAS* KEVIN M. BAIRD

11 NORTH STATE STREET DOVER, DELAWARE 19901 TEL: (302) 674-3841 FAX: (302) 674-5864
http://www.prickett.com

A PROFESSIONAL ASSOCIATION

WILMINGTON OFFICE 1310 KING STREET, P.O. 1328 WILMINGTON, DE 19899 TEL: (302) 888-6500 FAX: (302) 658-8111

* ALSO ADMITTED IN PA

Writer's E-Mail Address: [email protected]

May 15, 2008 BY CM/ECF and HAND DELIVERY The Honorable Sue L. Robinson J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Lockbox 31 Wilmington, DE 19801 RE: Del. LR 81.2 status report for Winding Creek LLC, et al. v. Kent County Levy Court, et al., C.A. No. 08-236-SLR

Dear Judge Robinson: The above-captioned case was removed from the Delaware Court of Chancery to this Court on April 25, 2008. Delaware Local Rule 81.2 requires the parties to submit a statement to the District Court within 20 days of removal, identifying all pending matters requiring judicial action. There are three outstanding items that require judicial assistance: 1. 2. 3. The plaintiffs' pending motion for summary judgment; and The plaintiffs' first set of requests for admissions. The defendants' intent to file a motion to dismiss.

This case involves a challenge to the Kent County Levy Court's adoption of two ordinances prohibiting community wastewater treatment facilities in Kent County. The plaintiffs are three developers affected by the ordinances. They filed this lawsuit on March 31, 2008, alleging several state and federal claims. The plaintiffs then served requests for admissions and moved for summary judgment on April 22, 2008. Three days later, Kent County removed the case to this Court. The case was removed before the parties entered into a briefing schedule on the plaintiffs' summary judgment motion. The motion, therefore, has not yet been briefed. The parties agreed to postpone briefing the motion and serving discovery responses until further guidance from the Court. The Defendants also intend to file a motion to dismiss the federal claims, but have chosen to postpone filing additional motions until the parties receive further instructions regarding the Court's preference for handling the parties' motions.

Case 1:08-cv-00236-SLR May 15, 2008 Page 2

Document 3

Filed 05/15/2008

Page 2 of 2

The parties are available to confer, or for a Rule 16(a) conference, at the Court's convenience. Respectfully Submitted,

Prickett, Jones & Elliott, P.A. /s/ John W. Paradee John W. Paradee, Esquire (#2767) [email protected] D. Benjamin Snyder, Esquire (#4308) Kevin M. Baird, Esquire (#4219) 11 N. State Street Dover, Delaware 19901 (302) 674-3841 Attorneys for the Plaintiffs

Whiteford, Taylor & Preston, LLC /s/ Daniel A. Griffith Daniel A. Griffith, Esquire (#4209) [email protected] 1220 N. Market Street, Suite 608 Wilmington, DE 19801 (302) 353-4144 Attorneys for the Defendants