Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1 :06-cv-00213-GMS Document 6 Filed 05/24/2006 Page 1 of 3 ‘
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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In re ) Chapter II
)
GARDEN RIDGE CORPORATION, ) Case N0. 04—I032¢l (KJC) -
et al. _ )
. ) Jointly Administered
‘ Debtors. ) -
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DANIEL FERGUSON, )
I
Appellant ) Case No. 06—CV-00213 (GMS)
) .
v. )
)
GARDEN RIDGE CORPORATION, et ol. , )
).
p Appellees y )
I I
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STIPULATED ORDER EXTENDING BRIEFING SCHEDULE
WHEREAS, on February 20, 2006, Daniet Ferguson, as appeIlantI1erein (the
"AppelIant") tiled the instant appeal (the “Appeal”) from the Memorandum ofOpirziorz and I
Order (the “Order") and related Judgment (the "Juc:lgrnent") ofthe Honorable Randolph Baxter,
entered 0n February 14, 2006 {see Docket Nos. 2064 & 2066], inthe above-captioned. I
bankruptcy cases of Garden Ridge Corporation, et al., the ab0ve—0apti0ned appellees
(collectively, the “AppeIlees”); and I
` WHEREAS, pursuant to this Court’s Genera} Order (the “General Order") dated .
July 23, 2004, the Appeal was referred te mediation; and I I . .
I WHEREAS, on May 19, 2006, the parties appeared before the selected mediator,
William II. Suddell, Jr., Esq., and, in good faith, attemptedto resolve the issues raised inthe
Appeal; and
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Case 1:06-cv-00213—G|\/IS Document 6 Filed 05/24/2006 Page 2 of 3
WHEREAS, despite such good faith efforts bythe parties, the mediation did not
result in a resolution of the Appeal, thus, by letter dated May 22, 2006, Mr. Suddell reported to
this Court that mediation of the Appeal had not achieved a resolution; and
WHEREAS, pursuant to the General Order and Rule 8009(a)(2) ofthe Federal
Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), Appellant has fifteen (15) days, or
until June 7, 2006, to tile their opening brief in the Appeal (the “Opening Brief"); and
WHEREAS, pursuant to Bankruptcy Rule 8009(a)(2), Appellees have tifteen (15)
days from the date of service of the Opening Brief to file and serve their answering brief (an
l "Answering Brief’); and l
WHEREAS, pursuant to Bankruptcy Rule 8000(a)(3), Appellants have ten, (10)
days from the date of service of Appellees’ Answering Brief to file a reply brief (the "Reply `
Briet”’); and
WHEREAS, the parties have agreed that the time for tiling the Opening Brief
- shall be extended to June 2}, 2006; and
WHEREAS, the parties have further agreed that Appel1ees’ shall are and serve
their Answering Brief on or before July ll, 2006; and
WHEREAS, the parties have further agreed that Appellant shall tile and serve his I
Reply Brief on or before July 26, 2006; and
NOW, THEREFORE, based upon the foregoing, it is hereby stipulated by l
undersigned counsel that: J I
1. The time period for tiling the Opening Brief shall be extended to June 21, 2006;
and
2. Appellees’ Answering Brief shall be filed and served on or before July ll, 2006;
DB0l:2l052l9.l . A oezssasooi

Case 1:06-cv-00213—G|\/IS Document 6 Filed 05/24/2006 Page 3 of 3
3. Appellants Reply Brief shall be tiled and served on or before Iuly 26, 2006; and
4. Entry of this Stipulation shall be without prejudiceto the parties’ rights to seek to
1 further modify the briefing schedule set forth herein.
STIPULATED AND AGREED: I
1 Dated: May 2006 YOUNG CONA * :. . ’ · ’ P ¢·- T & TAYLOR, LLP)
Wilmington, Delaware \ ·~` ll _ _
. ( Pauline K. ‘ org (Dei. Bar N0. 3650)
Joseph Q . l p (Del. Bar No. 4221) --
The 5 andywine Building
1 Si West Street, 17th Floor
i Wilmington, DE 19899 l
Telephone: (302) 571—6600
Facsimile: (302) 5714253 .
Counsel for Appellees
Dated: May Q, 2006 . BUCHANAN l"NGERSOL C
I e William D. Sullivan (Del. ar No. 2820)
The Nemours Building
1007 North Orange Street, Suite 1110
Wilmington, DE 198014236
_ Telephone: (302) 4286523 - -
Facsimile: (302) 428-3996
Counsel for Appellant 1
SO ORDERED this day of , 2006.
Gregory M. Sleet
United States District Judge
V l i I nl ()628S3,]O{)[ _