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

Case 1:05-cv—00749-SLR Document 10 Filed 01/18/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter ll
FLEMING COMPANIES, INC., ) Bk. No. 03—l0945(MFW)
et al., ) Jointly Administered
Debtors. g
SELBY’S MARKET, INC., )
Appellant, g
v. 3 Civ. No. 05-749-SLR
)
PCT, )
Appellee. g
O R D E R
At Wilmington this }8#—day of January, 2006, having
reviewed the letters submitted by the parties requesting this
case not be subject to the court's mediation process (D.I. B, 9);
IT IS ORDERED that briefing on this bankruptcy appeal
shall proceed in accordance with the following schedule:
l. Because the parties have represented to the court
that the appeal involves solely a question of law, the parties
shall file a stipulated statement of facts on or before February
17, 2006. If the parties are unable to do so, the appeal shall
go through the mediation process or shall be dismissed.
2. Appellant’s brief in support of its appeal is due
on or before February 17, 2006.
3. Appellee’s brief in opposition to the appeal is due

Case 1:05-cv-00749-SLR Document 10 Filed 01/18/2006 Page 2 of 2
on or before March 17, 2006.
4. Appellant's reply brief is due on or before March
31, 2006.
United Staté% District Judge
2