Free Proposed Order - District Court of Delaware - Delaware

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

Document 18

Filed 02/07/2008

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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 BRIEF SCHEDULING ORDER ON NEW CASTLE COUNTY'S MOTION TO DISMISS THE AMENDED COMPLAINT WHEREAS, New Castle County ("County") filed an opening brief in support of its motion to dismiss plaintiffs' amended complaint on January 31, 2008; and WHEREAS, a teleconference was held with the Honorable Leonard P. Stark on February 6, 2008 to discuss, inter alia, a briefing schedule for resolution of the County's motion to dismiss; and WHEREAS, the Honorable Leonard P. Stark requested that the parties submit a stipulated order establishing a briefing schedule on the County's motion to dismiss in accordance with the rulings made during the February 6, 2008 teleconference. NOW THEREFORE, it is stipulated by the parties, subject to approval by the Court, that briefing on the County's pending motion to dismiss the amended complaint shall proceed as follows: 1. Plaintiffs shall file their answering brief in opposition to the County's C.A. No. 07-725 SLR-LPS

motion to dismiss on or before February 29, 2008.

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

Document 18

Filed 02/07/2008

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2. 3.

The County shall file its reply brief on or before March 14, 2008. As Ordered by the Honorable Leonard P. Stark at the teleconference,

plaintiffs shall not be permitted to file a sur-reply brief without leave of court. Plaintiffs reserve the right to seek leave of court to file a sur-reply brief. LAW OFFICES OF JEFFREY M. WEINER CONNOLLY BOVE LODGE & HUTZ LLP

/s/ Jeffrey 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: February 7, 2008

/s/ Max B. Walton Collins J. Seitz, Jr. (Bar No. 2237) Max B. Walton (Bar No. 3876) The Nemours Building 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: February 7, 2008

SO ORDERED this _______ day of

, 2008.

Judge

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