Free Response to Order - District Court of Delaware - Delaware

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

L.C. 1 (f.k.a S.W.), a minor, by and through her Legal guardians, Sherman Catchings and Gladys Catchings; L.C.2 (f.k.a. L.W.), a minor, by and through his legal guardians, Sherman Catchings and Gladys Catchings C.A. No. 07-00675-GMS-LPS v.

The State of Delaware, et al

PLAINTIFFS' MEMORANDUM OF LAW IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE WITH REFERENCE TO SERVICE OF THE COMPLAINT UPON DEFENDANTS, DEQUAN HAYNES, KIMBERLYHAYNES & CHRISTINE HEREMES

AND NOW, Plaintiffs hereby file the within brief in response to the Court's Order to Show Cause and, in support thereof, aver the following: 1. Plaintiffs have served Defendant Heremes and she has filed an answer in this case. See, docket entries attached hereto as Exhibit "A". See also, Documents pertaining to service of this Defendant attached as Exhibit "B". 2. Plaintiffs have diligently sought to personally and individually serve the Haynes defendants. The following steps have been taken to serve DeQuan and Kimberly Haynes: a. 12/21/07 Sent Complaints for service to B&R Services; see letter attached; Glockley was one of the parties, with a DE address. b. 1/4/08 Sent Complaints for service to B&R Services; see letter of 1/4/08 attached. c. 1/25/08 Process server tried to serve Dequan Haynes at 425 Independence Court, Mechanicsburg, PA 17055; Return of Service by John Shinkowsky indicating that the

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current resident, Michael Grucz, lived there for 1 ½ years and does not know Dequan Haynes. d. 1/25/08 Process server tried to serve Kimberly Hanyes at 425 Independence Court, Mechanicsburg, PA 17055; Return of Service by John Shinkowsky indicating that the current resident, Michael Grucz, lived there for 1 ½ years and does not know Kimberly Haynes. e. 2/18/08 Process server tried to serve Haynes Defendants at 903 North 19th Street, Harrisburg, PA. Black resident of property stated she does not know the Haynes and has lived there for one year. See B&R Affidavit of Service. f. 2/20/08 Letter to Legal Beagles to serve Jessica Glockley at another DE address. See attached.

g. 2/20/08 Process server tried to serve Haynes defendants at 449 South 14th Street, Harrisburg, PA; the property was vacant; there was a lock box at the front door. See B&R Affidavit of Service.

h. 2/29/08 Letter to Private Investigator, Tom Ricci, of Port Investigations for better addresses for Kimberly Haynes and Dequan Haynes. i. 3/25/08 Letter to Legal Beagles for service upon the Secretary of State for service of Glockley, Rejoice, Inc. And Catlett (out of state defendants). 4/2/08 Long-arm service letter to Defendant, Jessica Glockley, at 7703 Shadow Glen Lane, Arlington, VA 38002.

j.

k. 4/14/08 Cattie agreed to sign Affidavit of Service of defendant, Christine Hermes; Affidavit forwarded to Atty Cattie. l. 5/21/08 Letter to Legal Beagles for service of Secretary of State for long-arm service of Duquan Haynes & Kimberly Haynes at 449 S. 14th Street, Harrisburg, PA, and for Kimberly Haynes at 21910 130th Road, Springfield Gardens, NY 11413 - per instructions from JPH by e-mail of 5/21/08.

m. 5/28/08 Served Secretary of State for Haynes defendants at NY address & Harrisburg Address. n. 5/30/08 Returns of service filed for Haynes defendants at NY address & Harrisburg address, for long-arm service of Secretary of State. o. 6/2/08 Long-arm letters sent to Haynes Defendants at NY address & Harrisburg address, via registered mail, pursuant to local DE rule. p. 6/2/08 Process Server John Shinkowski attempted service at the 449 S. 14th Street, Harrisburg, PA address today and they do not live there; they moved out in January and left no forwarding address.



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q. 6/2/08 Process Server confirmed that NY address is not valid for Kimberly Haynes. r. Tried to serve the Haynes defendants at the following addresses without success:

425 Independence Court Mechanicsburg, PA 17055 903 North 19th Street Harrisburg, PA 449 S. 14th Street Harrisburg, PA

1/25/08

2/18/08

2/20/08

21910 130th Road Springfield Gardens, NY 11413 5/30/08 449 S. 14th Street Harrisburg, PA

5/30/08

3. Based on the foregoing, it is clear that Plaintiffs have tried all avenues available to them to serve the individual Haynes defendants. It is apparent that the Haynes are attempting to avoid service. 4. Pursuant to Rule 4 of the Federal Rules of Civil Procedure, failing service thereunder, Plaintiffs may avail themselves of the rules of the state in which the action was filed in the District Court. Fed.R.Civ.P. 4(e)(1). 5. Local Rule 4.1 of the U.S. District Court for the District of Delaware provides as follows: (a) Summons. Except as to those cases proceeding pursuant to 28 U.S.C.§ 1915(d), upon or after the filing of a complaint, plaintiff or plaintiff's counsel must present to the Clerk, for the Clerk's signature and seal, a completed form of summons for each named defendant. Upon issuance, the Clerk shall provide the summons to plaintiff or plaintiff's counsel who shall be responsible for prompt service of the summons and a copy of the complaint on each named defendant. (b) Affidavit of Mailing. In an action in which the plaintiff serves process pursuant to 10 Del. C. § 3104, § 3112, or § 3113, plaintiff or plaintiff's counsel shall file an affidavit stating that a nonresident defendant has been served by mail and has either accepted or refused the notice required by statute. The affidavit, along with the defendant's return receipt, shall be filed within 10 days of the receipt by plaintiff or by plaintiff's counsel of that return receipt. The affidavit and return receipt need not be served upon the parties.

6. Pursuant to Delaware rules, the Defendants have been served via the Delaware Secretary of State.



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7. Despite good service on the Delaware Secretary of State, Plaintiffs tried one more time to serve the individual Haynes Defendants at their last recorded addresses, but these defendants were not found. 8. Plaintiffs have diligently tried to serve the individual Haynes Defendants and despite all efforts, the only service able to be effected is that available through the Delaware Secretary of State. Evidence of these efforts is on the attached docket entries (Exhibit "A"). Plaintiffs' additional efforts to serve the Haynes Defendants are evidenced by the multiple process servers and private investigators hired by Plaintiffs to effect service. See, Exhibit "C". 9. Plaintiffs have complied with, or are in the process of complying with, 10 Del. C. Sec. 3104 which provides for service on the Delaware Secretary of State with subsequent follow-up service via registered mail. Service has been effected on the Secretary of State and Plaintiffs have complied with the second part of the rule which requires that registered mail containing the complaint and summons be sent to the Defendants at their last known address. Once the registered mail documents are returned to counsel, counsel will file an affidavit with the Court certifying these efforts as required by 10 Del. C. Sec. 3104. 10. Pursuant to Rule 4 of the Federal Rules of Civil Procedure, following Delaware State service rules is appropriate.

In cases such as this where the defendants cannot be located despite due diligence, Plaintiffs' action s are reasonable when all avenues of ascertaining the whereabouts of defendants, who are obviously dodging service, are exhausted. Instantly, Plaintiff have exhausted all options available to them at this point in the litigation. Those most able to supply Plaintiffs with last known whereabouts



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of the Haynes Defendants are the social service agencies named in the complaint and to date they have failed and refused to do so.1 The Third Circuit has interpreted Rule 4(m) as requiring a court to extend time for service where a plaintiff demonstrates good cause. McCurdy v. Amer. Bd. of Plastic Surgery, 157 F.3d 191, 196 (3d Cir. 1998). A showing of good faith and some reasonable basis for noncompliance within the time specified by the rule is acceptable. MCI Telecom. Corp. v. Teleconcepts, Inc., 71 F.3d 1086, 1097 (3d Cir. 1995). Cain v Abraxas, 209 Fed. Appx. 94 (3d Cir. 2006). In the instant case, the interests of the minor children and Plaintiffs' diligence in their attempts to locate the Haynes Defendants and serving the Delaware Secretary of State as a last resort, satisfies the requirements of Rule 4. If service is properly effected pursuant to state law, then service is proper for Rule 4 purposes. Goodman v. Hasbrouck, 2008 U.S. App. Lexis 8683 (3d Cir. 2008). Under the circumstances of the instant case, in the interest of preserving the rights of the minor plaintiffs, and in light of Plaintiffs' due diligence in completing service on the Haynes Defendants despite the lack of cooperation of other defendants who could likely have pointed to the current whereabouts of these Defendants, Plaintiffs' actions and attempts at service have been reasonable. All that needs to be completed at this time is receipt of the returned registered mail followed by an affidavit to be filed by Plaintiffs' counsel. Based on the foregoing, Plaintiffs respectfully request that this Court extend the time for service until fifteen days after the receipt by Plaintiffs' counsel of the returned registered mail notices, and


Plaintiffs are filing this week a Motion for a Rule 16 Conference and seeking an order from the Court granting discovery in aid of filing an amended complaint so that Plaintiffs have the information necessary to name proper parties and dismiss those who should properly be dismissed.
1



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that within such time, that Plaintiffs' counsel be permitted to file the affidavits required under 10 Del. C. 3401. Respectfully submitted,

SCHMIDT,KIRIFIDES, PEARSON, KOUTCHER & FRIDKIN _/s/___________________________ Matthew H. Osborne, Esq. Bar #4630 1301 N. Harrison Street, Unit 105 Wilmington, DE 198806 (302) 836-3900 Attorneys for Plaintiffs
Dated: June 4, 2008



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CERTIFICATE OF SERVICE I, Matthew H. Osborne, Esq., hereby certify that on this 4th day of May, 2008, I served via ECF the within Memorandum of Law on the following counsel of record: William J. Cattie, III, Esquire Rawle & Henderson 300 Delaware Avenue, Suit 1015 PO Box 588 Wilmington DE 19899-0588 Collins J. Seitz, Esquire Connolly Bove Lodge & Hutz, LLP 1007 North Orange Street PO Box 2207 Wilmington DE 19899 Kevin J. Connors, Esquire Marshall, Dennehey, Warner, Coleman & Goggin P.O. Box 8888 Wilmington, DE 19801 Ralph Durstein, Esquire Deputy Attorney General Carvel State Office Building 820 North French Street Wilmington DE 19801

/s/ Matthew Hayes Osborne ___________________________ Matthew Hayes Osborne, Esquire 1301 N. Harrison Street Unit 105 Wilmington DE 19806 Attorney for Plaintiffs



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VACANTJUDGESHIP

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:07-cv-00675-GMS

L.C. 1 et al v. State of Delaware et al Assigned to: Judge Gregory M. Sleet Cause: 42:1983 Civil Rights Act Plaintiff L.C. 1 by and through her legal guardians Sherman Catchings and Gladys Catchings formerly known as S.W.

Date Filed: 10/26/2007 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

represented by Matthew Hayes Osborne Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C. 1301 N. Harrison Street, Unit 105 Wilmington, DE 19806 302-836-3900 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff L.C. 2 by and through his legal guardians, Sherman Catchings and Gladys Catchings formerly known as I.W. V. Defendant State of Delaware represented by Ralph K. Durstein, III Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 represented by Matthew Hayes Osborne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Email: [email protected] TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED James J. Maxwell Department of Justice 820 N. French Street, 8th Floor Carvel Office Building Wilmington, DE 19801 (302) 577-8500 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Delaware Division of Family Services represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James J. Maxwell (See above for address) ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 ATTORNEY TO BE NOTICED Defendant Delaware Department of Services for Children, Youth and their Families represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED James J. Maxwell (See above for address) ATTORNEY TO BE NOTICED Defendant Marcia Tremper individually and in her official capacities with the Delaware Division of Family Services and Delaware Department of represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Services for Children, Youth and Their Families

Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED James J. Maxwell (See above for address) ATTORNEY TO BE NOTICED

Defendant Children and Families First represented by William J. Cattie, III Rawle & Henderson 300 Delaware Avenue, Suite 1130 P.O. Box 588 Wilmington, DE 19899 (302) 778-1200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Jessica Gockely individually and in her official capacities with Children and Families First Defendant Christine Hermes individually and in her official capacities with Children and Families First Defendant Buchanan Ingersoll & Rooney P.C. TERMINATED: 02/27/2008 represented by Collins J. Seitz, Jr. Connolly, Bove, Lodge & Hutz 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 (302) 658-9141 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by William J. Cattie, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by William J. Cattie, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Klett Rooney Lieber and Schorling P.C. TERMINATED: 02/27/2008 represented by Collins J. Seitz, Jr. (See above for address) LEAD ATTORNEY

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Defendant Andrew Lippstone individually and in his official capacities with Buchanan Ingersoll & Rooney P.C. and Klett Rooney Lieber and Schorling P.C. Defendant Rejoice Inc. a Pennsylvania Corporation represented by Kevin J. Connors Marshall, Dennehey, Warner, Coleman & Goggin 1220 N. Market St., Suite 500 P.O. Box 8888 Wilmington, DE 19899 (302) 552-4300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Collins J. Seitz, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Breaune Catlett individually and in her official capacities with Rejoice Inc. Defendant Dequan Haynes Defendant Kimberly Haynes Defendant Rejoice Inc. represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Breaune Catlett represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Rejoice Inc. represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant

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Children and Families First

represented by William J. Cattie, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Cross Defendant Delaware Department of Services for Children, Youth and their Families represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Cross Defendant Marcia Tremper individually and in her official capacities with the Delaware Division of Family Services and Delaware Department of Services for Children, Youth and Their Families represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Buchanan Ingersoll & Rooney P.C. TERMINATED: 02/27/2008 Cross Defendant Klett Rooney Lieber and Schorling P.C. TERMINATED: 02/27/2008 Cross Defendant Andrew Lippstone individually and in his official capacities with Buchanan Ingersoll & Rooney P.C. and Klett Rooney Lieber and Schorling P.C. Cross Defendant Rejoice Inc. represented by Collins J. Seitz, Jr. (See above for address) LEAD ATTORNEY represented by Collins J. Seitz, Jr. (See above for address) LEAD ATTORNEY represented by Collins J. Seitz, Jr. (See above for address) LEAD ATTORNEY

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a Pennsylvania Corporation Cross Defendant Breaune Catlett individually and in her official capacities with Rejoice Inc. Cross Defendant Dequan Haynes Cross Defendant Kimberly Haynes Cross Defendant State of Delaware represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Cross Defendant Delaware Division of Family Services represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephani J. Ballard (See above for address) TERMINATED: 04/04/2008 ATTORNEY TO BE NOTICED Cross Claimant Rejoice Inc. a Pennsylvania Corporation represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Claimant Breaune Catlett individually and in her official capacities with Rejoice Inc. represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Cross Defendant Delaware Department of Services for Children, Youth and their Families represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Marcia Tremper individually and in her official capacities with the Delaware Division of Family Services and Delaware Department of Services for Children, Youth and Their Families Cross Defendant Children and Families First represented by William J. Cattie, III (See above for address) ATTORNEY TO BE NOTICED represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Jessica Gockely individually and in her official capacities with Children and Families First Cross Defendant Rejoice Inc. represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by William J. Cattie, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Christine Hermes individually and in her official capacities with Children and Families First Cross Defendant Breaune Catlett represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by William J. Cattie, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Buchanan Ingersoll & Rooney P.C. Cross Defendant Klett Rooney Lieber and Schorling P.C.

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Cross Defendant Andrew Lippstone individually and in his official capacities with Buchanan Ingersoll & Rooney P.C. and Klett Rooney Lieber and Schorling P.C. Cross Defendant Rejoice Inc. a Pennsylvania Corporation represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Breaune Catlett individually and in her official capacities with Rejoice Inc. Cross Defendant Dequan Haynes Cross Defendant Kimberly Haynes Cross Defendant State of Delaware represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Kevin J. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cross Defendant Delaware Division of Family Services represented by Ralph K. Durstein, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/26/2007

# 1

Docket Text COMPLAINT filed with Jury Demand against Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, Children and Families First, Jessica Gockely, Christine Hermes, Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Andrew Lippstone, Rejoice Inc., Breaune Catlett, Dequan Haynes, Kimberly Haynes, State of Delaware, Delaware Division of Family Services - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 149371.) - filed by L.C. 1, L.C. 2. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(ead) (Entered: 10/29/2007) Summons Issued as to Delaware Department of Services for Children, Youth and their

10/26/2007

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Families on 10/26/2007; Marcia Tremper on 10/26/2007; Children and Families First on 10/26/2007; Jessica Gockely on 10/26/2007; Christine Hermes on 10/26/2007; Buchanan Ingersoll & Rooney P.C. on 10/26/2007; Klett Rooney Lieber and Schorling P.C. on 10/26/2007; Andrew Lippstone on 10/26/2007; Rejoice Inc. on 10/26/2007; Breaune Catlett on 10/26/2007; Dequan Haynes on 10/26/2007; Kimberly Haynes on 10/26/2007; State of Delaware on 10/26/2007; Delaware Division of Family Services on 10/26/2007. (ead) (Entered: 10/29/2007) 10/26/2007 11/07/2007 2 3 Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (ead) (Entered: 10/29/2007) [1:07-cv-675-***]: Please note that, in accordance with the attached standing orders, this case has been designated as one to be assigned to the judge who fills the vacancy left by the elevation of Judge Kent A. Jordan to the United States Court of Appeals for the Third Circuit. Pending assignment, the case has been referred to Magistrate Judge Leonard P. Stark for all pretrial proceedings, pursuant to 28 U.S.C. section 636(b). Please include ***, in place of the Judge's initials, after the case number on all documents filed. (rjb) (Entered: 11/07/2007) NOTICE of Appearance by William J. Cattie, III on behalf of Children and Families First (Attachments: # 1 Certificate of Service)(Cattie, William) (Entered: 01/09/2008) Proposed STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 10, 2008 - filed by Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Andrew Lippstone. (Seitz, Collins) (Entered: 01/15/2008) SO ORDERED, re 5 Proposed STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 10, 2008 filed by Andrew Lippstone, Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Reset Answer Deadlines: Buchanan Ingersoll & Rooney P.C. answer due 2/11/2008; Klett Rooney Lieber and Schorling P.C. answer due 2/11/2008; Andrew Lippstone answer due 2/11/2008. Signed by Judge Leonard P. Stark on 1/15/08. (ntl) (Entered: 01/16/2008) 6 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 11, 2008 - filed by Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware. (Ballard, Stephani) (Entered: 01/18/2008) STIPULATION TO EXTEND TIME to respond to the Complaint to 2/11/08 - filed by Children and Families First. (Cattie, William) (Entered: 01/18/2008) SO ORDERED, re 6 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 11, 2008; Set Answer Deadlines: Delaware Department of Services for Children, Youth and their Families answer due 2/11/2008; Marcia Tremper answer due 2/11/2008; State of Delaware answer due 2/11/2008; Delaware Division of Family Services answer due 2/11/2008. Signed by Judge Leonard P. Stark on 1/18/08. (ntl) (Entered: 01/22/2008) SO ORDERED, re 7 STIPULATION TO EXTEND TIME to respond to the Complaint to 2/11/08 filed by Children and Families First, Reset Answer Deadline: Children and Families First answer due 2/11/2008. Signed by Judge Leonard P. Stark on 1/22/08. (ntl) (Entered: 01/23/2008)

01/09/2008 01/15/2008

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02/01/2008

Case reassigned from the Vacant Judgeship to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (ntl) (Entered: 02/01/2008) 8 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to 2/21/08 - filed by Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware. (Ballard, Stephani) (Entered: 02/06/2008) ORAL ORDER denying 8 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to 2/21/08 filed by State of Delaware, Marcia Tremper, Delaware Department of Services for Children, Youth and their Families. The parties shall refer to the Court's website and follow Chief Judge Sleet's procedure for filing stipulations to extend time. After reviewing the Court's procedure, the parties may re-file the stipulation. Ordered by Chief Judge Gregory M. Sleet on 2/6/2008. (asw) (Entered: 02/06/2008) 9 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 21, 2008 - filed by Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware, Delaware Division of Family Services. (Ballard, Stephani) (Entered: 02/06/2008)

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10 ORDER re Case Management. Signed by Judge Gregory M. Sleet on 2/8/08. (mmm) (Entered: 02/08/2008) 11 ANSWER to Complaint with Demand by Children and Families First. (Attachments: # 1 Certificate of Service)(Cattie, William) (Entered: 02/08/2008) 12 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to March 3, 2008 - filed by Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Andrew Lippstone. (Seitz, Collins) (Entered: 02/08/2008) SO ORDERED, re 12 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to March 3, 2008 filed by Andrew Lippstone, Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Set/Reset Answer Deadlines: Buchanan Ingersoll & Rooney P.C. answer due 3/3/2008; Klett Rooney Lieber and Schorling P.C. answer due 3/3/2008; Andrew Lippstone answer due 3/3/2008. Ordered by Chief Judge Gregory M. Sleet on 2/11/2008. (asw) (Entered: 02/11/2008) SO ORDERED, re 9 STIPULATION TO EXTEND TIME to answer, move or otherwise plead to the complaint to February 21, 2008 filed by State of Delaware, Marcia Tremper, Delaware Department of Services for Children, Youth and their Families, Delaware Division of Family Services, Set/Reset Answer Deadlines: Delaware Department of Services for Children, Youth and their Families answer due 2/21/2008; Marcia Tremper answer due 2/21/2008; State of Delaware answer due 2/21/2008; Delaware Division of Family Services answer due 2/21/2008. Ordered by Chief Judge Gregory M. Sleet on 2/19/2008. (asw) (Entered: 02/19/2008) 13 MOTION to Dismiss for Failure to State a Claim - filed by Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware, Delaware Division of Family Services. (Ballard, Stephani) (Entered: 02/20/2008) 14 OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim filed by Delaware Department of Services for Children, Youth and their Families, Marcia

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https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?903896833016717-L_567_0-1

6/2/2008

CM/ECF LIVE - U.S. District Court:ded Case 1:07-cv-00675-GMS-LPS

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Tremper, State of Delaware, Delaware Division of Family Services.Answering Brief/Response due date per Local Rules is 3/10/2008. (Ballard, Stephani) (Entered: 02/20/2008) 02/20/2008 15 NOTICE of Appearance by James J. Maxwell on behalf of Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware, Delaware Division of Family Services (Maxwell, James) (Entered: 02/20/2008) 16 Return of Service Executed by L.C. 1, L.C. 2. Buchanan Ingersoll & Rooney P.C. served on 12/28/2007, answer due 3/3/2008. (Osborne, Matthew) (Entered: 02/21/2008) 17 Return of Service Executed by L.C. 1, L.C. 2. Breaune Catlett served on 1/30/2008, answer due 2/19/2008. (Osborne, Matthew) (Entered: 02/21/2008) 18 Return of Service Executed by L.C. 1, L.C. 2. Children and Families First served on 12/28/2007, answer due 2/11/2008. (Osborne, Matthew) (Entered: 02/21/2008) 19 Return of Service Executed by L.C. 1, L.C. 2. Delaware Department of Services for Children, Youth and their Families served on 12/28/2007, answer due 2/21/2008. (Osborne, Matthew) (Entered: 02/21/2008) 20 Return of Service Executed by L.C. 1, L.C. 2. Delaware Division of Family Services served on 12/28/2007, answer due 2/21/2008. (Osborne, Matthew) (Entered: 02/21/2008) 21 Return of Service Executed by L.C. 1, L.C. 2. Klett Rooney Lieber and Schorling P.C. served on 1/30/2008, answer due 3/3/2008. (Osborne, Matthew) (Entered: 02/21/2008) 22 Return of Service Executed by L.C. 1, L.C. 2. Marcia Tremper served on 12/28/2007, answer due 2/21/2008. (Osborne, Matthew) (Entered: 02/21/2008) 23 Return of Service Executed by L.C. 1, L.C. 2. Rejoice Inc. served on 1/25/2008, answer due 2/14/2008. (Osborne, Matthew) (Entered: 02/21/2008) 24 Return of Service Executed by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 02/21/2008) 25 Return of Service Executed by L.C. 1, L.C. 2. Andrew Lippstone served on 12/28/2007, answer due 3/3/2008. (Osborne, Matthew) (Entered: 02/21/2008) 26 MOTION for Extension of Time to Serve Defendants - filed by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 02/22/2008) 27 STIPULATION of Dismissal of Buchanan, Ingrsoll & Rooney, P.C. and Klett Rooney, Lieber and Schorling, P.C. by Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C., Andrew Lippstone. (Seitz, Collins) (Entered: 02/26/2008) SO ORDERED, re 26 MOTION for Extension of Time to Serve Defendants filed by L.C. 1, L.C. 2. The court will allow a 60-day extension from the date of this Oral Order to serve defendants. Ordered by Chief Judge Gregory M. Sleet on 2/27/2008. (asw) (Entered: 02/27/2008) SO ORDERED, re 27 Stipulation of Dismissal filed by Andrew Lippstone, Buchanan Ingersoll & Rooney P.C., Klett Rooney Lieber and Schorling P.C. Signed by Judge Gregory M. Sleet on 2/27/08. (mmm) (Entered: 02/29/2008) 28 Joint STIPULATION Extend time to answer State Defendant's Motion to Dismiss until

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https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?903896833016717-L_567_0-1

6/2/2008

CM/ECF LIVE - U.S. District Court:ded Case 1:07-cv-00675-GMS-LPS

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April 9, 2008 by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 03/03/2008) 03/03/2008 29 MOTION to Dismiss for Failure to State a Claim - filed by Andrew Lippstone. (Attachments: # 1 Text of Proposed Order on Motion to Dismiss)(Seitz, Collins) (Entered: 03/03/2008) 30 OPENING BRIEF in Support re 29 MOTION to Dismiss for Failure to State a Claim filed by Andrew Lippstone.Answering Brief/Response due date per Local Rules is 3/20/2008. (Seitz, Collins) (Entered: 03/03/2008) SO ORDERED, re 28 Stipulation filed by L.C. 1, L.C. 2, Reset Briefing Schedule: re 13 MOTION to Dismiss for Failure to State a Claim. (Answering Brief due 4/9/2008.). Ordered by Chief Judge Gregory M. Sleet on 3/4/2008. (asw) (Entered: 03/04/2008) 31 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE PLEAD to MARCH 14, 2008 - filed by Rejoice Inc and Breaune Catlett. (Attachments: # 1 Certificate of Compliance CERTIFICATE OF SERVICE)(Connors, Kevin) (Entered: 03/07/2008) SO ORDERED, re 31 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE PLEAD to MARCH 14, 2008 filed by Rejoice Inc. Reset Answer Deadlines: Rejoice Inc.(a Pennsylvania Corporation) answer due 3/14/2008; Breaune Catlett answer due 3/14/2008. Ordered by Chief Judge Gregory M. Sleet on 3/7/2008. (asw) (Entered: 03/07/2008) 32 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE PLEAD to MARCH 14, 2008 - filed by Breaune Catlett, Rejoice Inc.. (Attachments: # 1 Certificate of Compliance CERTIFICATION OF SERVICE)(Connors, Kevin) (Entered: 03/07/2008) CORRECTING ENTRY: D.I. 31, Stipulation to Extend Time has been corrected to include Breaune Catlett as the filer. D.I. 32, Stipulation to Extend Time has been terminated as it duplicates D.I. 31. The court "So Ordered" (on 3/7/2008) D.I. 31, Stipulation to Extend Time to 3/14/2008. (asw) (Entered: 03/10/2008) 33 ANSWER to 1 Complaint,, with JURY DEMANDED with AFFIRMATIVE DEFENSES and, CROSSCLAIM against all defendants by Rejoice Inc.(a Pennsylvania Corporation), Breaune Catlett(individually and in her official capacities with Rejoice Inc.).(Connors, Kevin) (Entered: 03/14/2008) 34 Joint STIPULATION To extend the time for plaintiff to respond to Defendant, Lippstone's Motion to Dismiss Complaint. by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 03/18/2008) 35 ANSWER to 33 Answer to Complaint, Crossclaim,, of Rejoice Inc and Breaune Catlett by Children and Families First. (Attachments: # 1 Certificate of Service)(Cattie, William) (Entered: 03/26/2008) 36 STIPULATION Stipulation and Proposed Order to Extend Time for Defendant Andrew Lippstone to Reply to the Cross-Claim of Defendants' Rejoice, Inc. and Breaune Catlett, Against Co-Defendants re 33 Answer to Complaint, Crossclaim,, by Andrew Lippstone. (Gaudio, Meredith) (Entered: 03/27/2008) 37 STIPULATION Stipulation and Proposed Order to Extend Time for State Defendants to Reply to the Cross-Claim of Defendants' Rejoice, Inc. and Catlett re 33 Answer to

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https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?903896833016717-L_567_0-1

6/2/2008

CM/ECF LIVE - U.S. District Court:ded Case 1:07-cv-00675-GMS-LPS

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Complaint, Crossclaim,, by Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware, Delaware Division of Family Services. (Ballard, Stephani) (Entered: 03/31/2008) 04/02/2008 04/02/2008 38 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey P. Hoyle, Esquire - filed by L.C. 1. (Osborne, Matthew) (Entered: 04/02/2008) 39 AFFIDAVIT of Jeffrey P. Hoyle re 38 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey P. Hoyle, Esquire filed by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 04/02/2008) 40 Return of Service Executed by L.C. 1, L.C. 2. Breaune Catlett(individually and in her official capacities with Rejoice Inc.) served on 3/26/2008, answer due 4/15/2008. (Osborne, Matthew) (Entered: 04/02/2008) 41 Return of Service Executed by L.C. 1, L.C. 2. Jessica Gockely served on 3/26/2008, answer due 4/15/2008. (Osborne, Matthew) (Entered: 04/02/2008) 42 Return of Service Executed by L.C. 1, L.C. 2. Rejoice Inc.(a Pennsylvania Corporation) served on 3/26/2008, answer due 4/15/2008. (Osborne, Matthew) (Entered: 04/02/2008) SO ORDERED, re 38 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey P. Hoyle, Esquire filed by L.C. 1. Ordered by Chief Judge Gregory M. Sleet on 4/2/2008. (asw) (Entered: 04/02/2008) 43 NOTICE OF SUBSTITUTION OF COUNSEL re Delaware Department of Services for Children, Youth and their Families, Marcia Tremper, State of Delaware, Delaware Division of Family Services: Entry of appearance of attorney Ralph K. Durstein, III. Attorney Stephani J. Ballard terminated. (Durstein, Ralph) (Entered: 04/04/2008) 44 Joint STIPULATION Extension of Time for Plaintiff's to respond to Defendant Lippstone's Motion to Dismiss Complaint by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 04/09/2008) SO ORDERED, re 44 Stipulation filed by L.C. 1, L.C. 2. Ordered by Chief Judge Gregory M. Sleet on 4/10/2008. (asw) (Entered: 04/10/2008) Reset Briefing Schedule: re 13 MOTION to Dismiss for Failure to State a Claim. Plaintiff's Answering Brief due 5/12/2008. (asw) (Entered: 04/10/2008) 45 ORDER TO ANSWER re Jessica Gockely. Notice of Compliance deadline set for 5/20/2008. Signed by Judge Gregory M. Sleet on 5/5/08. (mmm) (Entered: 05/06/2008) 46 ORDER TO SHOW CAUSE. Show Cause Response due by 6/6/2008. Signed by Judge Gregory M. Sleet on 5/5/08. (mmm) (Entered: 05/06/2008) Remark: A copy of 45 Order to Answer was sent to the defendant Jessica Gockley at her last known address on 5/6/08. (mmm) (Entered: 05/06/2008) 47 Joint STIPULATION TO EXTEND TIME Answer Motion To Dismiss & File Answering Brief to June 16, 2008 - filed by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 05/12/2008) SO ORDERED, re 47 Joint STIPULATION TO EXTEND TIME Answer Motion To Dismiss & File Answering Brief to June 16, 2008 filed by L.C. 1, L.C. 2, Reset Briefing Schedule: re 13 MOTION to Dismiss for Failure to State a Claim, 29 MOTION to Dismiss

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https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?903896833016717-L_567_0-1

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CM/ECF LIVE - U.S. District Court:ded Case 1:07-cv-00675-GMS-LPS

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for Failure to State a Claim. (Answering Brief due 6/16/2008.). Ordered by Chief Judge Gregory M. Sleet on 5/14/2008. (asw) (Entered: 05/14/2008) 05/14/2008 05/14/2008 48 ANSWER OF DEFENDANT JESSICA GLOCKLEY (Cattie, William) Modified on 5/20/2008 (mmm). (Entered: 05/14/2008) 49 CERTIFICATE OF SERVICE of Answer of Defendant Jessica Glockley by Delaware Department of Services for Children, Youth and their Families (Cattie, William) (Entered: 05/14/2008) 50 ANSWER OF DEFENDANT CHRISTINE HERMES (Cattie, William) Modified on 5/20/2008 (mmm). (Entered: 05/14/2008) 51 CERTIFICATE OF SERVICE of Certificate of Service for Answer of Christine Hermes by Delaware Department of Services for Children, Youth and their Families (Cattie, William) (Entered: 05/14/2008) 52 Return of Undeliverable Mail sent to Jessica Gockley. (mmm) (Entered: 05/20/2008) CORRECTING ENTRY: The docket text in D.I. Nos. 48 and 50 has been edited to reflect that the documents filed are Answers to the complaint by the defendants Jessica Glockley and Christine Hermes. (mmm) (Entered: 05/20/2008) 53 Return of Service Executed by L.C. 1, L.C. 2. Dequan Haynes served on 5/28/2008, answer due 6/17/2008. (Osborne, Matthew) (Entered: 05/30/2008) 54 Return of Service Executed by L.C. 1, L.C. 2. Kimberly Haynes served on 5/28/2008, answer due 6/17/2008. (Osborne, Matthew) (Entered: 05/30/2008) 55 Return of Service Executed by L.C. 1, L.C. 2. (Osborne, Matthew) (Entered: 05/30/2008)

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