Free Motion to Vacate - District Court of Delaware - Delaware

Case1:05—cv-00127-GIVIS Document 82-2 Filed 08/13/2008 Page10f4
EXHIBIT "A"

Case 1:05—cv—00127-Gl\/IS Document 82-2 Filed 08/13/2008 Page 2 of 4
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-4000
MARIANNE DUFFY, by her parents and legal guardians, Sean and
Elise Duffy
v.
SECRETARY VINCENT MECONI, Delaware Department of Health & Social
Services, in his official capacity;
DIRECTOR MARIANNE SMITH, Division of Developmental Disabilities
Services, in her official capacity;
DIRECTOR ELAINE ARCHANGELO, Division of Social Services, in her
official capacity;
ATTORNEY GENERAL JANE M. BRADY;
DIRECTOR HARRY HILL, Director, Division of Medicaid and Medical
Assistance Vincent
Meconi, Marianne Smith,
Elaine Archangelo, Harry Hill,
Appellants
On Appeal from the United States District Court
for the District of Delaware
(Honorable Gregory M. Sleet)
Calendared for Disposition: 7/24/2008
Before: McKee, Fuentes, and Weis, Circuit Judges.
ORDER OF THE COURT
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Case 1:05—cv—00127-Gl\/IS Document 82-2 Filed 08/13/2008 Page 3 of 4
In light ofthe parties’ having notified the Court that they have agreed to settlement
ofthis case, contingent upon the District Court’s grant ofa motion to vacate the Opinion
and Order of September 11, 2007, it is hereby ORDERED as follows:
(1) Oral argument in this matter, previously scheduled for July 24, 2008, is
CANCELLED.
(2) This matter is REMANDED, in part, to the District Court for the limited
purpose of considering the parties’ motion to vacate the Opinion and Order
of September 11, 2007.
(3) In the event the motion to vacate is granted, the parties shall file a dismissal
agreement with the Clerk of this Court in accordance with Fed. R. App. P.
42(b).
(4) This Court shall retain jurisdiction in the event that the District Court denies
the motion to vacate its Opinion and Order.
BY THE COURT:
As/ T/teoclore A. 1l4cKee
EQTU@?__T___
Dated: July 17, 2008
MB/cc: Daniel G. Atkins, Esq.
MaryBeth Musumeci, Esq.
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Case 1:05—cv—00127-Gl\/IS Document 82-2 Filed 08/13/2008 Page 4 of 4
Jane Perkins, Esq.
Sarah Somers, Esq.
Patrick T. Ryan, III, Esq.
Aleph Ann Woolfold, Esq.
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