Free Order Setting Briefing Schedule - District Court of Delaware - Delaware

Case 1:04-cv—01358-SLR Document 34 Filed 07/18/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONATHAN MILTON MONK, )
Plaintiff, g
v. g Civ. No. 04-1358-SLR
WARDEN RAFAEL WILLIAMS and g
PAM MINOR, )
Defendants. )
O R D E R
At Wilmington this fT~l+• day oftluly, 2007, defendants having filed a
motion to dismiss the complaint and an accompanying brief (D.I. 25, 26);
IT IS ORDERED that:
1. Because matters outside ofthe pleadings were presented to the court
in support of said motion to dismiss, the court will review the motion as one for
summaryjudgment pursuant to Fed. R. Civ. P. 12(b) and 56(b).
2. Because defendants rely upon an affidavit in support of the motion, the
averments of fact in the affidavit shall be accepted as true, pursuant to Fed. R. Civ. P.
56(e), for the purpose of deciding the motion unless plaintiff timely files a counter-
afhdavit or statement under penalty of perjury refuting said averments.
3. Briefing on this motion shall proceed in accordance with the following
schedule:
a) Plaintiff shall file and serve a response to defendants motion
(including an answering brief and accompanying affidavits, exhibits, etc., if any) on or

Case 1:04-cv-01358-SLR Document 34 Filed 07/18/2007 Page 2 of 2
before August 17, 2007.
b) Defendants may file and serve a reply brief on or before August
31, 2007.
United Stateg District Judge
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