Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:04-cv-00425-SLR

Document 22

Filed 04/08/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. MBNA AMERICA BANK, N.A. a subsidiary of MBNA CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-CV-425 SLR JURY TRIAL DEMANDED

MOTION TO AMEND SCHEDULING ORDER The parties hereto, by counsel, hereby jointly request that the Scheduling Order be extended. This is a class action brought by the Equal Employment Opportunity Commission and discovery will require depositions of numerous employees of Defendant. While written discovery has been exchanged, it has been difficult to schedule times for the various depositions and as a result, discovery is only in its beginning stages. The named class member's deposition was taken on Monday, April 4, 2005 and several other depositions have been scheduled during the month of April. However, Plaintiff's lead attorney has a two-week trial scheduled to begin on April 18, 2005 and a pretrial on April 11, 2005, as a result of which it will be impossible to complete discovery by the end of April. It is believed that an additional three months is necessary to reasonably insure that discovery will be completed. Therefore, the parties jointly request that the Scheduling Conference be amended to reflect that discovery shall be completed by July 31, 2005 and that case dispositive motions be submitted no later than September 15, 2005, and that the Status Conference and/oral argument on dispositive motions be scheduled at a later time at the Court's convenience.

WP3:1101063.1

009626.1038

Case 1:04-cv-00425-SLR

Document 22

Filed 04/08/2005

Page 2 of 2

Respectfully submitted, _____________/S/___________________________ Rudolph Contreras Assistant U.S. Attorney U.S. Department of Justice 1007 Orange Street Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 Telephone: (302) 573-6277

______________/S/___________________________ Terrence R. Cook Trial Attorney U.S. Equal Employment Opportunity Commission Philadelphia District Office 21 South Fifth Street The Bourse, Suite 400 Philadelphia, PA 19106-2515 Telephone: (215) 440-2688 Facsimile: (215) 440-2848

_______________/S/_____________________________ Sheldon N. Sandler (Del. No. 3399) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building 1000 West Street, 17th Floor, P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-6673 Facsimile: (302) 576-3330 [email protected] Attorneys for Defendant

DATED: April 8, 2005

WP3:1101063.1

009626.1038