Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00240-GMS

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Filed 10/26/2007

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IN THE UNITED STATES DISTRICT COUR T FOR THE DISTRICT OF DELAWAR E In re Chapter 7 ANDREA KLIKA Debtor . ANDREA KLIKA Appellant ,
V.

CASE NO . 05-10707 (MFW )

Civil Action No . 07-240 GM S

U .S . TRUSTEE KELLY BEAUDI N STAPLETON, et al . Appellees .

STIPULATED SCHEDULING ORDE R Appellees Kelly Beaudin Stapleton, the United States Trustee, and George L . Miller, the Chapter 7 Trustee (collectively, the "Appellees"), by and through their undersigned counsel, and Appellant Andrea Klika (the "Appellant") (collectively, the Appellees and the Appellant ar e referred to as the "Parties"), hereby submit this Stipulated Scheduling Order (the "Order") i n connection with the above-captioned adversary proceeding (the "Proceeding") : WHEREAS on September 24, 2007, the Court ordered the Parties to submit a jointl y prepared proposed briefing schedule for the Court's consideration ; WHEREAS the Appellant on May 2, 2007 filed a Motion to Proceed in Forma Pauperi s and on October 10, 2007 filed a Motion to Proceed on Original Record and Eliminat e Requirement to File Whole Relevant Docket Entries Already Designated in the Appendix of th e Brief and a Motion to Suppress the Use of As Evidence (collectively, the "Motions") ;

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WHEREAS on October 22 and 23, 2007, the Appellees filed their respective Objection s to the Appellant's Motion to Proceed on Original Record and Motion to Suppress ; WHEREAS the Motions are accordingly still pending and their outcome is relevant to th e materials in the record on appeal ; WHEREAS the Parties have determined that briefing should not commence until th e Motions are resolved; WHEREAS on September 28, 2007, counsel for the United States Trustee sent a letter t o the Appellant requesting that she contact him regarding the proposed briefing schedule . The Appellant did not respond to counsel's letter ; WHEREAS on October 18, 2007, counsel for the Chapter 7 Trustee forwarded to th e Appellant a proposed stipulation ; WHEREAS on October 23, 2007, the Appellant forwarded to counsel for the Appellees a proposed stipulation . Counsel for the Appellees were unwilling to sign the Appellant's propose d stipulation as it was written ; WHEREAS on October 23, 2007, counsel for the Chapter 7 Trustee incorporated th e deadlines proposed by the Appellant into this Stipulation and forwarded it to the Appellant fo r her review; WHEREAS on October 26, 2007, the date by which the joint briefing schedule was to b e submitted to the Court, the Appellant had not approved the Stipulation, but provided counsel fo r the Appellees with a revised proposed stipulation that Counsel for the Appellees were ar e unwilling to sign as written ; WHEREAS Appellant's October 26, 2007 proposed stipulation provides for concurren t briefing deadlines instead of consecutive deadlines . Concurrent briefing periods are no t

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appropriate, because the proposed Stipulation can be read to mean that Appellees would b e under required to file their opening brief even if the Appellant fails to file her opening brief . Counsel for the Appellees believe that consecutive briefing periods are more appropriate an d efficient . WHEREAS the Parties are unable to submit a joint briefing schedule approved by al l Parties by the Court's deadline ; WHEREAS counsel for the Appellees have agreed that the following briefing schedul e shall apply to the Proceeding . NOW, THEREFORE, IT IS HEREBY ORDERED : The Appellant shall serve and file her brief within 45 days from the date thi s Order is entered or the date the Orders are entered with regard to the Motions, whichever is later . 2. The Appellees shall file their respective briefs within 45 days after service of th e

Appellant's brief. 3. The Appellant may serve and file a reply brief within 45 days after service of th e

Appellees' briefs . DILWORTH PAXSON LL P ANDREA KLIKA

Jennifer L . Maleski, Esquir e 1735 Market Street 3200 Mellon Bank Center Philadelphia, PA 1910 3 (215) 575-726 3 Counsel for George L . Miller, Chapter 7 Trustee

Andrea Klik a 100 Belltown Terrac e Bear, DE 1970 1 (302) 325-110 7 Pro Se

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David L . Buchbinder, Esquire Office of the United States Truste e 844 King Street, Lockbox 3 5 Wilmington, DE 1980 1 (302) 573-6491 Dated : The Honorable Gregory M . Slee t Chief United States District Judg e

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appropriate, because the proposed Stipulation can be read to mean that Appellees would be unde r required to file their opening brief even if the Appellant fails to file her opening brief . Counse l for the Appellees believe that consecutive briefing periods are more appropriate and efficient . WHEREAS the Parties are unable to submit a joint briefing schedule approved by al l Parties by the Court's deadline ; WHEREAS counsel for the Appellees have agreed that the following briefing schedul e shall apply to the Proceeding . NOW, THEREFORE, IT IS HEREBY ORDERED : The Appellant shall serve and file her brief within 45 days from the date thi s Order is entered or the date the Orders are entered with regard to the Motions, whichever is later . 2. The Appellees shall file their respective briefs within 45 days after service of the

Appellant's brief. 3. The Appellant may serve and file a reply brief within 45 days after service of the

Appellees' briefs . DILWORTH PAXSON LL P `JQ 11 ' Jennifer L . Maleski, Esquire 1735 Market Stree t 3200 Mellon Bank Cente r Philadelphia, PA 1910 3 (215) 575-726 3 Counsel for George L . Miller, Chapter 7 Trustee ANDREA KLIKA

Andrea Klika 100 Belltown Terrace Bear, DE 1970 1 (302) 325-110 7 Pro S e

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re Chapter 7 ANDREA KLIKA Debtor. ANDREA KLIKA Appellant, v. U.S. TRUSTEE KELLY BEAUDIN STAPLETON, et al. Appellees. Civil Action No. 07-240 GMS CASE NO. 05-10707 (MFW)

CERTIFICATE OF SERVICE I certify that, on October 22, 2007, I caused to be served a copy/copies of the Stipulated Scheduling Order executed by counsel for each Appellee via First Class United States Mail to the following persons: Andrea Klika 100 Belltown Terrace Bear, De 19701 Jennifer Maleski, Esq. Dilworth & Paxson 1735 Market Street, Ste. 3200 Philadelphia, PA 19103-7595

/s/ David L. Buchbinder, Trial Attorney

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