Free Stipulation - District Court of Delaware - Delaware

Case 1 :O7—cv-00725-SLR—LPS Document 6 Filed 12/10/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GARY C. and GALE B. WARREN
and
TOLL BROS., INC., C.A. No. 07-725 LPS
Plaintiffs,
v.
NEW CASTLE COUNTY,
Defendant.
|PROPOSED[ STIPULATED BRIEFING SCHEDULE ON NEW CASTLE
COUNTY’S MOTION TO DISMISS
WHEREAS, Plaintiffs Gary Warren, Gail Warren, and Toll Bros., Inc.
(collectively "Toll Bros.") filed a complaint against New Castle County ("County") on or
about November 13, 2007;
WHEREAS, the complaint was served on the County on or about November 15,
2007;
WHEREAS, the County has advised Toll Bros. that it intends to file a motion to
dismiss the complaint;
WHEREAS, the parties have conferred on a mutually agreeable schedule for
disposition of the County’s motion to dismiss, which takes into account the trial and other
commitments of counsel for the parties;
NOW THEREFORE, it is stipulated by the parties, subject to approval by the
Cotu·t, that briefing on the County’s motion to dismiss shall proceed as follows:

Case 1:07-cv-00725-SLFl—LPS Document 6 Filed 12/10/2007 Page 2 of 3
1. The County shall file its motion to dismiss and opening brief on or before
January 4, 2008.
2. If Toll Bros. desires to file an amended complaint in response to the
County’s motion, Toll Bros. shall file its amended complaint on or before January 18,
2008.
3. lf an amended complaint is tiled by Toll Bros. on or before January 18,
2008, the County shall answer, plead or otherwise respond to the amended complaint on
or before January 31, 2008. If the County moves to dismiss all or part of any amended
complaint filed by Toll Bros., the parties shall confer and submit a briefing schedule on
the County’s motion to dismiss the amended complaint on or before January 3l, 2008.
4. If Toll Bros. does not file an amended complaint on or before January 18,
2008, it shall file its answering brief in opposition to the County’s motion to dismiss on
January 31, 2008.
5. If Toll Bros. does not file an amended complaint on or before January 18,
2008, the County shall tile its reply brief in support of its motion to dismiss on or before
February 15, 2008.
6. If the County raises new issues in its February I5, 2008 reply brief which
were not fairly presented in its opening brief; Toll Bros. shall be permitted to file a sur-
reply brief on or before February 22, 2008. If no new issues are raised in the County's
reply brief Toll Bros. shall not file a sur-reply without first obtaining permission of the
Court.
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Case 1:07-cv-00725-SLR—LPS Document 6 Filed 12/10/2007 Page 3 of 3
LAW OFFICES OF JEFFREY M- CONNOLLY BOVE LODGE
WEINER & HUTZ LLP N
1 ¢_M_
AQ
Jaraey M. i 0. 403) ‘· catuns J. sam, Jr. (Ba NO. 2237)
13 I3 King. · = Max B. Walton (Bar No. 3876)
Wilmington, OI" 19801 The Nemours Building
Tel: (302) 652-0505 1007 North Orange Street
P.O. Box 2207
Marc B. Kaplin, Esquire Wilmington, DE 19899
Barbara P. Anisko, Esquire Tel: (302) 658-9141
Kaplin Stewart
Union Meeting Corporate Center Gregg E. Wilson (Bar No. 85)
910 Harvest Drive County Attorney
P.O. Box 3037 New Castle County Office Of Law
Blue Bell, PA 19422-0765 87 Reads Way
Tel: (610) 260-6000 New Castle, DE 19720
Tel: (302) 395-5130
Attorneys for Plaintiff
· Attorneys for Defendants
Dated: December Q; 2007
Dated: December ;l_, 2007
IT IS SO ORDERED, this day of December, 2007.
Leonard P. Stark, U.S.M.J.
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