Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:04-cv-01304-KAJ

Document 49

Filed 12/16/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE __________________________________________ EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) ) CIVIL ACTION NO. 04-1304 (KAJ) v. ) ) P.T. MORGAN PAPER CO., affiliated with ) P.T. MORGAN PACKAGING COMPANY ) ) Defendant. ) ) STIPULATION AND ORDER REGARDING A SHORT EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S CASE DISPOSITIVE MOTION WHEREAS, on December 14, 2005, Defendant filed a Motion for Summary Judgment and Opening Brief in Support of its Motion for Summary Judgement. The Defendant's Appendix was filed in hard copy, only. To date, the Commission has not received a copy of the Appendix. WHEREAS, pursuant to District of Delaware Local Rule 7.1.2, the Commission's response in opposition to Defendant's Motion is due within ten (10) days after service and filing of the opening brief. WHEREAS, pursuant to Local Rule 7.1.2, the Commission's response is due on or before January 3, 2006. WHEREAS, the Commission's lead counsel in this matter, the undersigned M. Jean Clickner, has previously approved vacation time and federal holidays, stretching from December 23, 2005 through January 3, 2006. WHEREAS, based on previously approved time off, requiring the Commission to file its Page 1

Case 1:04-cv-01304-KAJ

Document 49

Filed 12/16/2005

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response on or before January 3, 2005 would constitute a significant and unnecessary hardship on Commission's counsel. WHEREAS, based on the pending scheduling order, Defendant will suffer no hardship by the grant of the instant request. Discovery is not set to close until April 29, 2006. WHEREAS, Plaintiff will need the additional time to review Defendant's hard copy submissions in relation to both the pending dispositive motion and in response to Plaintiff's third and fourth discovery requests and incorporate those into its Response to the pending motion. WHEREAS, Plaintiff's counsel is duly scheduled to be out of the office as set forth above. It is hereby STIPULATED and AGREED by and between Plaintiff and Defendant, subject to the approval of the Court, that: 1. Plaintiff's response to Defendant's Motion for Summary Judgment is due on January 10, 2006. Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Jacqueline H. McNair Regional Attorney Judith O'Boyle Supervisory Trial Attorney /s/ M. Jean Clickner M. Jean Clickner Senior Trial Attorney Equal Employment Opportunity Commission Liberty Center, Suite 300 1001 Liberty Avenue Pittsburgh, PA 15222 (412) 644-6439

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Case 1:04-cv-01304-KAJ

Document 49

Filed 12/16/2005

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Local Counsel: UNITED STATES ATTORNEY DISTRICT OF DELAWARE /s/ Seth M. Beausang Seth M. Beausang Asst. U.S. Attorney The Nemours Building 1007 Orange Street, Suite 700 Wilmington, Delaware 19899 Del. Bar ID No. 4071 (302) 573-6277 Attorneys for Plaintiff THE NEUBERGER FIRM, P.C. /s/ Thomas S. Neuberger Thomas S. Neuberger, Esquire (#243) Steven J. Neuberger, Esquire (#4440) Two East Seventh St., Suite 302 Wilmington, DE 19801-3725 Attorneys for Defendant

Dated: December 16, 2005

IT IS SO ORDERED this _____ day of December, 2005.

________________________________________ THE HONORABLE KENT A. JORDAN

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