Free Status Report - District Court of Delaware - Delaware


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Date: April 27, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01530-JJF

Document 58

Filed 04/27/2007

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April 26, 2007 The Honorable Joseph J. Farnan, Jr. United States District Court for the District of Delaware 844 North King Street, Room 4209 Lock Box 27 Wilmington, DE 19801 Re: John S. Shipley v. B&F Towing, Verne Orndorff, et. al. Case No. 04-1530-JJF

Dear Judge Farnan: Please accept this letter as an interim status report in the above-reference matter. On July 28, 2006, the plaintiff, John S. Shipley, filed an Amended Complaint with this Honorable Court. On December 14, 2006, the Defendants Verne Orndorff and the Department of Land Use Office of Code Enforcement filed a Motion to Dismiss the plaintiff's amended complaint based upon insufficient service of process and failure to state a claim. The plaintiff filed a response to the Defendants' Motion to Dismiss on January 19, 2007. The Defendants' filed a reply to the plaintiff's response on February 2, 2007. On March 22, 2007, plaintiff filed a Motion for Extension to amend his complaint and a Motion to Stay all criminal proceedings pending in the Justice of the Peace Court No. 11. Defendants filed a response to plaintiff's Motion for Extension and Motion to Stay on March 28, 2007. To the best of counsel's knowledge, plaintiff has not filed a reply. I believe that the Motions are ripe for Your Honor's consideration. However, if Your Honor needs any additional information, I am available at the Court's convenience.

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Respectfully submitted,

/s/ Harshal Purohit Harshal Purohit Assistant County Attorney 87 Reads Way New Castle, DE 19720 302-395-5272 Enclosure cc: John S. Shipley

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JOHN S. SHIPLEY, Plaintiff pro se, v. B&F TOWING COMPANY and OWNERS, VERNE ORNDORFF, NEW CASTLE COUNTY DEPARTMENT OF LAND USE OFFICE OF CODE ENFORCMENT, STATE OF DELAWARE, JUSTICE OF THE PEACE COURT 11, and JUDGE T. ROGER BARTON, Defendants.

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Case No. 04-1530-JJF

CERTIFICATE OF SERVICE I, Harshal Purohit, Assistant County Attorney, hereby certify that on the 14th day of December, 2006, two copies of the foregoing "Defendants Verne Orndorff and New Castle County Department of Land Use Office of Code Enforcement's Memorandum in Support of Its Motion to Dismiss were served via U.S. Mail, postage prepaid, to the party at the following addresses: To: John Shipley 609 Wildel Avenue New Castle, DE 19720 /s/ Harshal Purohit_______ Harshal Purohit, No. 4593 Michele D. Allen, No. 4359 Megan K. Sanfrancesco, No. 3801 New Castle County Law Department 87 Read's Way New Castle, DE 19720 (302) 395-5272 Attorney for Defendants, Verne Orndorff and New Castle County Department of Land Use Office of Code Enforcement Dated: April 27, 2007

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