Free Status Report - District Court of Delaware - Delaware

Case 1:05-cv-00022-MPT Document 127 Filed O1/05/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ST. PAUL MERCURY INSURANCE )
COMPANY )
)
and )
)
PACK AND PROCESS, INC. )
)
Plaintiffs, )
v. )
) Case N0. 05-0022 (MPT)
)
MALY YAN )
)
Defendant. )
=§==l=>I=>l==t==I==l==l==i==I==t==l==|==l==t==I=ri==€=#i==i==l=¤l¤=I==i=>1=a==i==l<=i<=l=>l==t==I==l==i==i==l=
YAN THOU, ct. al )
)
)
Plaintiffs, )
)
) Case N0. 05-00513 (MPT)
)
PACK & PROCESS, INC., et. ai. ) CONSOLIDATED CASES
l
Defendzmtsc )
JOINT STATUS REPORT
Pursuant E0 this Court’s December 18, 2006 Schecluliiig Order, the parties to tliis
consolictatecl action hereby submit this joint status report.
This is a consolidated Declaratory .ll.lClgl`l1€E`lI action instituted by St. Paul lvlerctrry
lnstirarrce Company and Pack & Process, Inc. (hereinaiter collectively referred to as "Plai1ttiffs")
wherein Plaintiffs in the lead action seek a ruling that Defendant, Maly Yan was not within the
course and scope of her empioyment for Pack & Process and/or acting as an agent for Pack &
Process, and Plaintiffs in the consoliclated action seek a ruling that Maly Yan was in the course

Case 1:05-cv-00022-MPT Document 127 Filed O1/05/2007 Page 2 of 3
and scope, acting as an agent or acting in a business related activity at the time of a fatal auto
accident that occurred on June 18, 2001. (See also Proposed Final Pretriai Order at Di. 124)
Plaintiffs in the lead action tiled a Motion for Summary Judgment on August 7, 2006, at
D .1. 106. Plaintiffs in the consolidated action tiled a Motion for Summary Judgment on August
4, 2006, at D.l. i05. Briefing on the Motion for Summary Judgment tiled by Plaintiffs in the
lead action was completed on September 1, 2006. Brieling on the Motion for Summary
Judgment tiled by Plaintiffs in the consolidated action was completed on September 7, 2006,
with Plaintiffs in the consolidated action moving for leave to fiie a stmreply in support oftheir
summaryjudgrnent motion on September lll, 2006, which motion Plaintiffs in the lead action
opposed by response dated September E9, 2006. All parties have applied for oral argument
regarding their respective summary judgrnerit motions
Discovery in this consolidated action has been completed. The original scheduling order
relative to this matter set forth a pretrial conference date of .1 annary 8, 2006 and a trial date of
January 29, 2006. This matter is not scheduled for mediation and no Couruannexed mediation
has occurred following an initial exploration of same with Magistrate Judge Thynge. Tire parties
have not discussed settlement independent of any formal ADR.
BIFFERATO GENTILOTTI & BALECK WEISS & SAVILLE
/S'/JO-S'E]Jl? K Kozr1jy(li427.2) /.s‘/ Yvorme Tcrln¤oi·ic122Scii¤llle (`ll3»l.3’0)
lan Connor Biffferato (#3273) 1220 l\/Iarket Street, Suite 604
.loseph K. lioury (#4272) PO Box 3 70
1308 Delaware Avenue Wilmington, DE 19899—0370
P O. Box 2i65 (302) 656-0400
Wilmington, DE 19899
(302) 429-1900

Case 1:05-cv-00022-MPT Document 127 Filed O1/05/2007 Page 3 of 3
PERRY & SENSOR
[9/ Michael L Sensor, Esq (#3541)
By¤.__..._._.______.___...,_..,._.____.
Michael L, Sensor (#354])
First Federal Plaza, Suite 560
PRO. Box 1568
Wilmington, DE 19899-1568
(302) 656-4482