lV101`I`1Sj31T1€S LLP
James H. McMackin, III
$02.8885849
[email protected]
June 23, 2008 .
VIA E-FILING
The Honorable Leonard P. Stark
United States Magistrate Judge
U.S. Courthouse
844 King Street
Lockbox 26
Wilmington, DE 19801
RE: Anello, et al. v. Indian River School District, etal.
C.A. No. 07-668-LPS
Dear Judge Stark:
I represent Appellees Indian River School District and Dr. Susan S. Bunting in the
above referenced matter. As Your Honor is aware, this is an appeal from an administrative
decision made by a hearing panel appointed by the State of Delaware Department of Education.
Discovery has concluded and the Court has identified July 7th as the deadline for motions for
summary judgment.
Pursuant to 20 U.S.C. §1415(i)(2)(C), the Department of Education is the
custodian of the administrative record. On June 3, Your Honor ordered the Department of
Education to file the administrative record with the Clerk of the Court. I intend to file a case-
dispositive summary judgment motion. However, I need the record for purposes of citation. In
this regard, I am informed by the Deputy assigned to the Department of Education that, due to
the voluminous record below (if memory serves, there were 8 days of hearings and multiple
binders of exhibits) and the resources needed to photocopy the record, it may be some time yet
before the record is filed with the Court.
Due to the fact the administrative record is not presently available and may not be
available until after the deadline for the filing of summary judgment motions and briefs, I
respectfully ask that Your Honor suspend the deadline for summary judgment motions. Once the
500 Delaware Avenue, Suite 1500 [ Wilmington, DE 19801-1494 T 302.888.6800 F 302.571.1750
Mailing Address P.O. Box 2306 l Wilmington. DH i
Case 1:07-cv-00668-LPS Document 18 Filed 06/23/2008 Page 2 of 2
S Morris]ames
The Honorable Leonard P. Stark
June 23, 2008
Page 2
administrative record is filed as Ordered, I suggest a new briefing schedule either be agreed to by
stipulation or scheduled by teleconference with the Court.
Respectfully submitted,
EW it ttl. www
James H. McMackin, III
(Bar I.D. #4284)
J HM!jam
cc: Mr. and Mrs. Williams Anello (via U.S. Mail)
Dr. Susan Bunting (via U.S. Mail)
Ms. Darlene St. Peter (via U.S. Mail)
Clerk of the Court (via e—filing)
V iszssiz/1
Case 1:07-cv-00668-LPS
Document 18
Filed 06/23/2008
Page 1 of 2
Case 1:07-cv-00668-LPS
Document 18
Filed 06/23/2008
Page 2 of 2
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