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

Case 1:05-cv—00345-SLR Document 12 Filed 07/31/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
EOR THE DISTRICT OE DELAWARE
JAMES N. PATNAUDE, )
Plaintiff, g
v. g Civ. No. 05-345-SLR
ALBERTO GONZALES, UNITED ;
STATES ATTORNEY GENERAL and )
FEDERAL BUREAU OE )
INVESTIGATION, )
Defendants. g
O R D E R
At Wilmington this 31* day of July, 2005, defendant
having filed a motion to dismiss the complaint and an
accompanying brief on July ll, 2006 (D.I. 6, 7);
IT IS ORDERED that:
l. Because matters outside of the pleadings were
presented to the court in support of said motion to dismiss, the
court will review the motion as one for summary judgment pursuant
to Eed. R. Civ. P. l2(b) and 56(b).
2. Because defendant relies 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—affidavit or statement under penalty of perjury
refuting said averments.
3. Briefing on this motion shall proceed in

Case 1:05-cv-00345-SLR Document 12 Filed 07/31/2006 Page 2 of 2
accordance with the following schedule:
a) Plaintiff shall file and serve a response to
defendant’s motion {including an answering brief and accompanying
affidavits, exhibits, etc., if any) on or before August 31, 2006.
b) Defendant may file and serve a reply brief on
or before September 14, 2006.
United Stétes District Judge
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