Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:07-cv-00675-GMS-LPS

Document 9

Filed 02/06/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE L.C. 1 et al. Plaintiffs v. State of Delaware, et al. Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 07-675-GMS

STIPULATION FOR EXTENSION OF TIME IT IS STIPULATED by the parties through their attorneys, subject to approval of the Court, that the time for the State Defendants, State of Delaware, Division of Family Services, Department of Services for Children, Youth and their Families and Marcia Tremper to answer, move or otherwise plead to the complaint is extended to and including February 21, 2008. The reason for State Defendants' request for an extension of time is two-fold: (1) Lead counsel in this case has been reassigned as chief counsel to the Delaware State Police, effective February 1, 2008, resulting in the need to cover additional counsel and litigation matters already scheduled in February. Counsel will therefore require additional time to research and prepare a response to this pleading, in order to adequately represent State Defendants herein; (2) Documents pertaining to the underlying claims, involving interstate foster child placement, including archived documents and confidential Family Court documents have been requested, but to date not all of these documents have been received by counsel for State Defendants. Additional time for receipt and review of these documents is needed prior to filing a responsive pleading.

Case 1:07-cv-00675-GMS-LPS

Document 9

Filed 02/06/2008

Page 2 of 3

Counsel for State Defendants respectfully submit that good cause exists for the requested extension of time. Stipulation. SCHMIDT, KIRIFIDES, PEARSON, KOUTCHER & FRIDKIN, P.C. /s/ Matthew Hayes Osborne Matthew Hayes Osborne, I.D. #4630 1301 N. Harrison Street Unit 105 Wilmington, DE 19806 (302) 836-3900 Attorney for Plaintiff Dated: February 6, 2008 DEPARTMENT OF JUSTICE Counsel for Plaintiff has agreed to this request, as indicated by this

/s/ Stephani J. Ballard Stephani J. Ballard, I.D. #3481 James J. Maxwell, I.D. #2892 Deputy Attorneys General Carvel State Building 820 N. French Street, 6th Flr. Wilmington, DE 19801 (302) 577-8400 Attorneys for State Defendants Dated: February 6, 2008

IT IS SO ORDERED, this ____ day of ______________, 2008 _____________________________ Judge

Case 1:07-cv-00675-GMS-LPS

Document 9

Filed 02/06/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE L.C. 1 et al. Plaintiffs v. State of Delaware, et al. Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 07-675-***

CERTIFICATE OF SERVICE I hereby certify that on February 6, 2008, I caused the attached Stipulation for Extension of Time to be electronically filed with this Court and served via CM/ECF upon the following person(s): Matthews Hayes Osborne Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C. 1301 N. Harrison Street Wilmington, DE 19806 /s/ Stephani J. Ballard Stephani J. Ballard, I.D. #3481 Deputy Attorney General Department of Justice State of Delaware 820 N. French Street, 6th Flr. Wilmington, DE 19801 (302) 577-8400