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B. WILSON 1e1;1>1¤m1eN ROBERT M. GREENBERG
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TELECOPIER (50.2) 657-5505
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May 9, ZOO5
Honorable Gregory M. Sleet
United States District Court
]. Caleb Boggs Building
844 King Street
Wilmington, DE l980l
Re: jennifer and ]effrey Renzi v. Delaware Supermarkets, et al
O4~707»GMS
Dear ludge Sleet:
Pursuant to Your I·Ionor’s notice of the Scheduling Conference for May lOd`, I am
enclosing herewith the joint status report for the parties:
1. lurisdiction and Service. While the dc fendant does not acknowledge that this case
is worth the jurisdictional amount, there is otherwise subject matter jurisdiction. All of the
partiesare subject to the court’s jurisdiction and all have been properly served.
2. Substance of the Action. The injured plaintiff s claim follows an accident at the
defendant’s supermarket onjuly 23, ZOO2. The plaintiff alleges that she tripped on a plastic
strap which was attached to a merchandise pallet which was improperly placed in a customer
aisle. The details of the claim are set forth in paragraph 12 of the complaint. The defendant
denies that it was negligent and alternatively has alleged that the plaintiff was contributorily
negligent in failing to keep a proper lookout for her own safety and/or in taking a safe,
alternative route.
3. Identification of Issues. The primary issues are the negligence of the defendant,
contributory negligence of the plaintiff, and causal relationship ofthe injuries to the accident.
4. Narrowing of Issues. The parties have previously agreed to narrow the issues as
follows:
a. Claim for lost wages is removed.
b. ]urisdictional defenses are removed.
Case 1:04-cv—OO707-G|\/IS Document 35 Filed 05/O9/2005 Page 2 of 2
Honorable Gregory Sleet
May 9, ZOO5
Page 2
c. Claim for emotional damages is removed.
5. Relief. Plaintiff seeks general damages for pain and suffering along with special
damages for past and future medical expenses.
6. Amendments to Pleadings. None.
7. joinder of Parties. Not applicable.
8. Discovery. The deposition of plaintiffs corporate witness has been scheduled for
Tuesday, ]une 28‘h. Following that, we believe that discovery will be complete. Prior to trial
there will be an updated physical examination, as well as a discovery deposition of Dr.
Richard Balderston.
9. Estimated trial length. Four days.
lO. jury Trial. Yes.
l l. Settlement. The parties have requested referral to Magistrate Thynge. They have
also consented to the jurisdiction of the United States Magistrate for all purposes, with the
exception of case dispositive motions, trial and the entry of final judgment. Copy of a
Consent, which has not yet been filed, is attached. Both parties request that the matter be
referred to the Magistrate for a settlement conference at this time.
Counsel for the parties have conferred relative to all of the above matters and are in
agreement thereto.
Very truly yours,
. Q ;J CQ./.
B. \X'ILSON REDFEARN
BW/Rzma
Encl.
Case 1:04-cv-00707-GMS
Document 35
Filed 05/09/2005
Page 1 of 2
Case 1:04-cv-00707-GMS
Document 35
Filed 05/09/2005
Page 2 of 2
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