Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-01306-GIVIS Document 61 Filed 11/17/2005 Page 1 of 3 .
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CATHERINE B. LAAG, a minor, by her : CASE NO.
Parent and Natural Guardian, JOHN LAAG, : i
And JOHN LAAG Individually and in his : CA 04-1306-GMS
Own right, plaintiffs :
vs. .
EDWARD J. CULLEN, JR., D.O., JAMES A
HERTZOG, M.D. and NEMOURS :
FOUNDATION d/b/a A. I. DuPONT HOSPITAL :
FOR CHILDREN, A Delaware Corporation :
JOINT STIPULATION FOR SHORT EXTENSION OF TIME TO FILE C
PROPOSED FINAL PRETRIAL ORDER AND RELATED MATERIAL
Respectfully, counsel for plaintiff and counsel for defendants stipulate to and
request court approval for a short extension of time to file the proposed Final Pre-Trial
Order, Proposed Joint Voir Dire, Proposed Joint Jury Instructions and Joint Special A
Interrogatories on December 9, 2005.
The reasons for said request are set forth below.
l. This medical malpractice action involves catastrophic injuries suffered by l0- i`
year—old Catherine Laag while a patient at A. I. duPont Hospital For Children.
Plaintiff Catherine Laag is in a persistent vegetative state and is
institutionalized at the Voorhees Pediatric Center in Voorhees, New Jersey. I
Plaintiff has alleged a medical negligence claim against A.I. duPont Hospital ·
For Children and a physician of the hospital. Defendants deny the claim of A
negligence. i
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Case 1:04-cv—01306-G|\/IS Document 61 Filed 11/17/2005 Page 2 of 3
2. The parties worked diligently to complete a massive amount of discovery
which included 15 fact depositions and 11 expert witness reports. Due to no
fault of either party, but solely to scheduling issues with experts located in
various states, 9 of the ll depositions have been completed. The parties are
working diligently to complete the last two depositions..
3. Throughout discovery, plaintiff s counsel inadvertently read the court’s U
scheduling order to require the filing of the Proposed Pre-Trial Order on _
December 17, 2005 and not November 18, 2005. Therefore, plaintiff’s cormsel
believed there was sufficient time to complete the depositions and file the Pre-
Trial Order}
4. Plaintiff s counsel has already prepared a full draft of the Pre—Trial Order,
Joint Voir Dire, Joint Jury Instructions, Joint lnterrogatories for the Jury, Joint
Exhibit List and forwarded the material to defense counsel this day.
5. The parties have spent the last few weeks preparing for a mediation of this j
matter before Magistrate Mary Pat Thynge scheduled for November 18, 2005.
The parties believe that at the mediation and/or in the days following the
mediation, their efforts should be focused on determining if this matter can be J
resolved amicably. T
6. The Pre—Trial Conference of this matter is scheduled for December 29, 2005. J
The Trial is scheduled to commence on January 17, 2006. By tiling the _
Proposed Final Pretrial Order on December 9, 2005, the parties believe they r
can resolve any outstanding issues.
I Plaintiff s counsel was inadvertently under the impression that a draft was due to defense counsel 30 days .
before the 30m day before trial (per F.R.C.P. 26) or 30 days before the third day before the pretrial
conference (local rule.)
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Case 1:04-cv—01306-G|\/IS Document 61 Filed 11/17/2005 Page 3 of 3
7. The parties respectfully request court approval of their stipulation to tile a
Proposed Final Pretrial Order on December 9, 2005.
KOLSBY, GORDON, ROBIN, BERKOWITZ SCHAGRIN COOPER
SHORE & BEZAR & DRYDEN, P.A.
Robert N. Hunn Martin A. Schagrin
ROBERT N. HUNN MARTIN A. SCHAGRIN
Attorney I.D. #48031 Attorney I.D. #151
Suite 2250, 1650 Market Street 1218 Market Street
Philadelphia, PA 19103 P.O. Box 1632
(215) 851-9700 Wilmington, DE 19899
(302) 652-3155
Attorney for Plaintiffs Attorney for Plaintiffs
MCCARTER & ENGLISH
Michael P. Kelly
MICHAEL P. KELLY
PAUL A. BRADLEY
919 N. Market Street
Suite 1800
P.O. Box 1 1 1
Wilmington, DE 19899
(302) 984-6333
Attorneys for Defendants
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