Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv-00823-SLR

Document 17

Filed 03/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICHARD FUNK, Plaintiff, v. RAPHAEL WILLIAMS, Warden; STANLEY W. TAYLOR, JR., Commissioner; and STATE OF DELAWARE DEPARTMENT OF CORRECTION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-823-SLR

JOINT MOTION TO AMEND SCHEDULING ORDER WHEREAS, all parties to this litigation have determined that settlement is a substantial and realistic possibility; and WHEREAS, mediation has been scheduled with Magistrate Judge Thynge for August 18, 2005; and WHEREAS, the current scheduling order has set the discovery closing date as May 15, 2005, summary judgment motions due date as June 15, 2005, the pre-trial conference date as September 7, 2005, and the trial date as September 19, 2005; and WHEREAS, the parties want to settle this action, in part, to avoid the expenditure of time and resources on trial preparation; and WHEREAS, judicial economy would be served by a settlement of this action without pre-trial disputes over discovery and procedural issues that would require judicial intervention; THEREFORE, the parties jointly move for an amended scheduling order moving

Case 1:04-cv-00823-SLR

Document 17

Filed 03/23/2005

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all due dates beyond the August 18, 2005 mediation date, and hereby request the scheduling of a teleconference at which the amended scheduling order can be discussed, agreed upon, and approved by the Court.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Richard W. Hubbard Richard W. Hubbard (ID# 2442) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8308 Attorney for the Defendants

/s/ Clifford B. Hearn, Jr., Esquire Clifford B. Hearn, Jr., Esquire (ID#129) 606 Market Street Mall P.O. Box 1205 Wilmington, DE 19899 (302) 575-0220 Attorney for the Plaintiff Date: March 23, 2005

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