Free Motion to Continue - District Court of Delaware - Delaware

Case 1:05-cv-00194-JJF

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Filed 08/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DOROTHY HOULIHAN * * Plaintiff v. SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT * * * SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT BOARD OF EDUCATION * * * SANDRA WALLS-CULOTTA Individually, and in her Official capacity * * * Defendants * * * * * * * * * * * * DEMAND FOR JURY TRIAL Civil Action No.:05-194-JJF

JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE Pursuant to Delaware Local Rule 16.4, the parties through their undersigned counsel, jointly request a Continuance of the PreTrial Conference and in support thereof offer the following: 1. This is a civil action in which the Plaintiff is asserting claims for violation of

the Rehabilitation Act, 29 USC Section 794(d), and wrongful termination. Plaintiff has brought theses claims against her former employer and a former supervisor in her individual and official capacity. Plaintiff has requested a jury trial. 2. Pursuant to the Scheduling Order, the parties have completed written discovery,

and are now finishing up with depositions. 3. Seven depositions have been taken in this case to date, with five more

occurring over the two-day course of August 28 and 29, 2007. 4. The deposition of the Plaintiff is scheduled to occur on August 29, 2007.

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5.

The PreTrial Conference in this matter is currently scheduled for September 6,

2007 before this Honorable Court. 6. Due to the volume of depositions required, and the scheduling conflicts

involved due to the number of parties to this case, counsel were unable to comply with the requirements of Delaware Local Rule 16.3. Specifically, counsel have been unable to meet to discuss and draft a pretrial order, as at this date it is uncertain exactly which witnesses and trial exhibits will be necessary for trial. 7. Furthermore, due to the fact that discovery will continue until at least August

29, 2007, it will be extraordinarily difficult for counsel to timely prepare jury instructions, and special verdict or interrogatories as required by Delaware Local Rule 51.1. 8. Counsel for Plaintiff has spoken with counsel for the Defendant, who agreed

that a continuance would be appropriate in this situation. 9. Accordingly, the undersigned counsel request that the pretrial conference be

continued for at least sixty days. 10. Pursuant to Rule 16.4, Plaintiff and Defendants have been consulted regarding

this request. They will also be mailed copies of this Motion, as represented in the attached certificates. WHEREFORE, Plaintiff Dorothy Houlihan and Defendants Sussex Technical School District, Sussex Technical School District Board of Education and Sandra Walls-Culotta respectfully request this Honorable Court to grant its Joint Motion to Continue PreTrial Conference to a later date on the Court's docket. _____/s/___________________________ Brian F. Dolan Stumpf, Vickers & Sandy, P.A. 8 West Market Street Georgetown, DE 19947

____/s/____________________________ Robin R. Cockey Cockey, Brennan & Maloney, P.C. 313 Lemmon Hill Lane Salisbury, MD 21801 Attorneys for Plaintiff

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____/s/____________________________ James Yoder, Esquire White and Williams, LLP 824 North Market Street, Suite 902 Wilmington, Delaware 19801-4938 Attorney for Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DOROTHY HOULIHAN * * Plaintiff v. SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT * * * SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT BOARD OF EDUCATION * * * SANDRA WALLS-CULOTTA Individually, and in her Official capacity * * * Defendants * * * * * * * * CERTIFICATE OF SERVICE * * * * DEMAND FOR JURY TRIAL Civil Action No.:05-194-JJF

I, Brian Dolan, Esquire, do hereby certify that on this 23rd day of August, 2007, a copy of the foregoing Joint Motion to Continue PreTrial Conference was delivered via electronic filing upon: James Yoder, Esquire White and Williams, LLP 824 North Market Street, Suite 902 Wilmington, Delaware 19801-4938

_____________/s/____________________ BRIAN F. DOLAN STUMPF, VICKERS & SANDY, P.A. 8 West Market Street Georgetown, DE 19947 ROBIN R. COCKEY COCKEY, BRENNAN & MALONEY, PC 313 Lemmon Hill Lane Salisbury, MD 21801

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DOROTHY HOULIHAN * * Plaintiff v. SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT * * * SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT BOARD OF EDUCATION * * * SANDRA WALLS-CULOTTA Individually, and in her Official capacity * * * Defendants * * * * * * * * CERTIFICATE OF SERVICE * * * * DEMAND FOR JURY TRIAL Civil Action No.:05-194-JJF

I, Brian Dolan, Esquire, do hereby certify that on this 23rd day of August, 2007, a copy of the foregoing Joint Motion to Continue PreTrial Conference was delivered via first class mail to: Dorothy Houlihan 19576 Beaver Dam Road Lewes, DE 19958

_____________/s/____________________ BRIAN F. DOLAN STUMPF, VICKERS & SANDY, P.A. 8 West Market Street Georgetown, DE 19947 ROBIN R. COCKEY COCKEY, BRENNAN & MALONEY, PC 313 Lemmon Hill Lane Salisbury, MD 21801

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DOROTHY HOULIHAN * * Plaintiff v. SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT * * * SUSSEX COUNTY VOCATIONALTECHNICAL SCHOOL DISTRICT BOARD OF EDUCATION * * * SANDRA WALLS-CULOTTA Individually, and in her Official capacity * * * Defendants * * * * * * * * CERTIFICATE OF SERVICE * * * * DEMAND FOR JURY TRIAL Civil Action No.:05-194-JJF

I, James Yoder, Esquire, do hereby certify that on this 23rd day of August, 2007, a copy of the foregoing Joint Motion to Continue PreTrial Conference was delivered via first class mail to: Sussex County Vocational-Technical School District c/o Patrick Savini, Ed.D Sussex County Vocational Technical School 17090 County Seat Highway P. O. Box 351 Georgetown, DE 19947 Sussex County Vocational-Technical School District Board of Education c/o Patrick Savini, Ed.D Sussex County Vocational Technical School 17090 County Seat Highway P. O. Box 351 Georgetown, DE 19947

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Mrs. Sandy Walls-Culotta, M.Ed. Senior Director Applied & Integrated Learning Milton Hershey School P.O. Box 830 851 Spartan Lane, Copenhaver Center Hershey, PA 17033-0830

____/s/____________________________ James Yoder, Esquire White and Williams, LLP 824 North Market Street, Suite 902 Wilmington, Delaware 19801-4938

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