Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv—00557-GIVIS Document 19 Filed 04/01 /2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE `
RUSSELL L. SILICATO, individually, and )
KATHERINE L. SILICATO, individually, ) C.A. NO. 1:07-cv-00557-GMS
)
Plczintjv, )
vs. )
D
TIMOTHY RYAN RICHARDSON, )
individually, and )
CHARLES A KLEIN & SONS INC, )
a Foreign Corporation, )
)
` Defendants. )
JOINT STATUS REPORT
1. JURISDICTION AND SERVICE: Jurisdiction is based on diversity of
citizenship under 28 U.S.C. §l332 and the amount in controversy exceeds
Seventy Five Thousand Dollars ($75,000), exclusive of interest and costs.
I Personal service was obtained on the defendants.
5 2. SUBSTANCE OF TI-IE ACTION: This is a personal injury action, motor vehicle
] accident, which occurred in Maryland on September 17, 2005. Plaintiff Russell L.
1
H Silieato was driving a motorcycle and Plaintiff Katherine L. Silicato was a
y passenger on the motorcycle when a truck made a left turn in front of the
i
1 motorcycle. The truck was owned by Defendant Charles A. Klein & Sons.,
l _ Inc.(hereinafter "Klein") and driven by Defendant Timothy Richardson
(hereinafter "Richardson"), who is alleged to have been acting within the course
A and scope of his employment with Defendant Klein, under the doctrine of
Respondent Stgperior.

Case 1 :07-cv—OO557-GIVIS Document 19 Filed O4/O1/2008 Page 2 of 3
V 3. IDENTIFICATION OF ISSUES: The factual and legal issues in dispute are as
follows:
a. Agency Relationship of Defendants
· b. Negligence of Defendants
c. Causation of Injuries
d. Extent of Injuries
e. Negligence of Plaintiff Russell L. Silicato.
4. NARROWING OF ISSUES:
Plaintiff: The allegation of negligence against Russell L. Silicato is without merit.
. Defendant(s): Punitive damages are not warranted in this case.
5- .B._E.LIE.E
Plaintiff(s): Plaintiff seeks special, general damages in excess of $75,000 and
punitive damages, attorney’s fees, pre and post—judgment interest and the costs of this
g action.
Defendant(s):
i 6. AMENDMENT OF THE PLEADINGS: None
7. IOINDER OF PARTIES: None
l .8. DISCOVERY: To be updated prior to trial
i 9. ESTIMATED TRIAL LENGTH: 3 days
10. JURY TRIAL: Yes.
ll. SETTLEMENT: The parties have made attempts to settle this matter, and offers
j have been made and rejected. The parties have been unable to agree upon a
1 settlement amount.

Case 1 :07-cv—OO557-GIVIS Document 19 Filed O4/O1/2008 Page 3 of 3
12. OTHER MATTERS: None
13. Counsel for the parties have confeired about each of the above matters.
DAVHD P. CLINE, P.A. BIFFERATO, GENTILOTTI, LLC
BY: /s/ David P. Cline BY: /s/ Maria J. Poehner
David P. Cline, Esquire Maria J. Poehner, Esquire
715 King Street, Ste.100 800 N. King Street, —
P.O. Box 33 Plaza Level
Wilmington, DE 19899-0033 Wilmington, DE 19801
302-529-7848 302-429-1900
Attorney for Plaintiffs Attorney for Defendants
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Case 1:07-cv-00557-GMS

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