Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv—0061 0-M PT Document 29 Filed 05/01 /2008 Page 1 of 2
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if ¤’‘‘ zi;-Y And€YS0H sms E. DiLuzin
..": i ``-. ¤ --... i COITOOII LLP . Associate
5 - Attorney at Law
[email protected]
isis Nath ivtarler Street 302 984-6279 Direct Phone
pg, BOX Q5] 302 778-6279 Fax
Wrtmmgrrm, DE 19s99-0951
302 984 0000
May 1, 2008
wwmpotter·anderson.c0m
By cmcr
The Honorable Mary Pat Thynge
United States District Court
844 King Street, Lock Box 8
Wilmington, Delaware 19801
Re: DSU Student Housing Foundation v. Ambling Management Co.,
` C.A. No. 07—6l0 {MPT!
Dear Magistrate Judge Thynge:
On behalf of the parties to the captioned litigation and pursuant to the C0urt’s
Scheduling Order entered in this action on January 10, 2008, Plaintiff Delaware State University
Student Housing Foundation (the "Foundation") hereby submits a joint interim status report.
Defendant Ambling Management Company ("Ambling") has reviewed and joins in this report.
]!
This is an action brought by the Foundation seeking a declaratory judgment that
its action in terminating a management agreement (the "Agreen1ent") with Ambling was not in
breach of the Agreement, and seeking damages incurred by the Foundation due to Ambling’s
alleged failure to provide services in breach ofthe Agreement. Ambling denies the Foundation’s
it allegations that it breached the Agreement, denies that the Foundation is entitled to a declaratory
judgment (and has filed a motion seeking the dismissal of that claim) and has tiled a
Q counterclaim alleging that the Foundation breached the Agreement by improperly terminating its
services.
gi To date, the parties have exchanged written discovery, to which both parties have n
5 served written responses. Counsel are currently working on the mutual exchange of documents,
" which will take place soon, and are also working to schedule depositions of fact witnesses, which
counsel hope to schedule for May or June. No discovery issues have arisen that counsel believes
Q require the assistance of the Court. At the stams conference scheduled for May 8, 2008, counsel
_ would like to discuss with the Court the possibility of extending the discovery deadline. A jury
F trial is scheduled for May 18, 2009.
_ At the May 8 status conference, counsel would also like to discuss with the Court
p the referral of this case for mediation before Magistrate Judge Stark. Based upon the discussion

Case 1:07-cv—OO610—MPT Document 29 Filed 05/01/2008 Page 2 of 2
l
The Honorable Mary Pat Thynge
United States District Court
May l, 2008
j Page 2
; held during the scheduling conference in this matter, counsel believed that this case would be
_' referred to Magistrate Judge Stark for mediation, but have not yet been contacted regarding
Y mediation and would like to confirm with the Court the status of the referral.
Counsel are available at the Court’s convenience to discuss any questions, and
. look forward to the May 8, 2008 telepbonic status conference, which will be initiated by the
E. F oundation’s counsel.
I l Respectfully,
ti
____ Ct¤».—aJ·x Q;
i Sarah E. DiLuzio (#4085) “
SEDfaeo:s62s4s
cc: Clerk ofthe Court
l AnnaMa1tina Tyreus, Esquire

Case 1:07-cv-00610-MPT

Document 29

Filed 05/01/2008

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Case 1:07-cv-00610-MPT

Document 29

Filed 05/01/2008

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