Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00725-SLR-LPS

Document 28

Filed 03/19/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GARY C. and GALE B. WARREN, and TOLL BROS., INC., Plaintiffs, v. NEW CASTLE COUNTY, Defendant. [PROPOSED] STIPULATED STATUS QUO ORDER IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties in the above referenced action, without any party conceding their underlying claims and/or rights, subject to the approval and order of the Court and without ruling on the merits of Plaintiffs' claims, that: 1. Until expiration of the period of time ending at midnight October 31, 2008 C.A. No. 07-725 SLR-LPS

(the "Status Quo Period"), Plaintiffs' major land development plan applications for the Warren Property and the Port Penn Assemblage (as defined in paragraphs 9 and 10 of Plaintiffs' Amended Complaint, collectively the "Plans") shall not be subject to expiration by New Castle County ("County"). 2. As this Order is designed to preserve the status quo for the plan

applications for the Warren Property and the Port Penn Assemblage during the Status Quo Period, the parties reserve and shall be permitted to present in this litigation all claims, rights, privileges, defenses, and remedies that they have in connection with the Plans or relating to this litigation or expiration of the plan applications if this litigation is not resolved or settled within the Status Quo Period, including, if not otherwise ordered

Case 1:07-cv-00725-SLR-LPS

Document 28

Filed 03/19/2008

Page 2 of 2

by this Court, Defendant's right to take the position, and Plaintiffs' right to oppose the position, that said applications have expired. 3. Nothing in this Order shall be construed as providing any party a right or In addition, nothing in this Order shall be

claim for attorneys' fees and/or costs.

construed as requiring Defendant to extend the Status Quo Period beyond the time period stated in Paragraph 1 above or precluding Plaintiffs from applying to the Court for an extension of the Status Quo Period beyond the time period stated in Paragraph 1. LAW OFFICES OF JEFFREY M. WEINER /s/ Jeffery M. Weiner Jeffrey M. Weiner (Bar No. 403) 1313 King Street Wilmington, DE 19801 Tel: (302) 652-0505 Marc B. Kaplin Barbara P. Anisko Kaplin Stewart Union Meeting Corporate Center 910 Harvest Drive P.O. Box 3037 Blue Bell, PA 19422-0765 Tel: (610) 260-6000 Attorneys for Plaintiffs Dated: March 19, 2008 SO ORDERED this _______ day of CONNOLLY BOVE LODGE & HUTZ LLP /s/ Max B. Walton Collins J. Seitz, Jr. (Bar No. 2237) Max B. Walton (Bar No. 3876) 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Tel: (302) 658-9141 Gregg E. Wilson (Bar No. 85) County Attorney New Castle County Office Of Law 87 Reads Way New Castle, DE 19720 Tel: (302) 395-5130 Attorneys for Defendant Dated: March 19, 2008 , 2008.

Judge