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

Case 1:05-cv—00037-SLR Document 68 Filed 05/25/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SAMUEL, )
Plaintiff, ;
v. i Civ. No. 05-037-SLR
THOMAS CARROLL (Warden), LT. g
PORTER, COUNSELOR KRAMER, )
I.B.C.C. (The Classification )
Committee), CORRECTIONAL )
MEDICAL SERVICES, FIRST )
CORRECTIONAL MEDICAL, and )
Ros Youus, >
Defendants. g
O R D E R
At Wilmington this 6Uh*day of May, 2006, defendant
Correctional Medical Services having filed a motion to dismiss
the complaint on March 22, 2006 (D.I. 60);
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 Fed. 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.

Case 1:05-cv-00037-SLR Document 68 Filed 05/25/2006 Page 2 of 2
3. Briefing on this motion shall proceed in
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 June 26, 2006.
b) Defendant may file and serve a reply brief on
or before July 11, 2006.
United Stétes District Judge
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