Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00322-KAJ Document 32 Filed 04/18/2005 Page 1 of 2
MORRIS, JAMES, HITCHENS & WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801-1621
(302) 888-6800
Facsimile (302) 571-1750
www.morrisjames.com
Matthew F. Lintner Mailing Address
(302) 888-6806 P.O. Box 2306 A
[email protected] Wilmington, DE 19899-2306
April 18, 2005
VIA E-FILING AND HAND DELIVERY
The Honorable Kent A. Jordan
U.S. District Court for the
District of Delaware
Lockbox 10
844 N. King Street
Wilmington, DE 19801
RE: Wawa, Inc. v. The Government of New Castle County, Delaware
C.A. No. O4-322-KAJ
Dear Judge Jordan:
This firm represents the plaintiff in the above-captioned action, and Ms. Jacobson
represents the defendant, New Castle County. The matter involves a constitutional challenge to a
County ordinance regulating underground storage tanks. We write to inform the Court that the
parties have completed the briefing for cross-motions for summary judgment upon stipulated
facts. Wawa, Inc. initially filed its motion for summary judgment (D.I. 23; D.I. 24; D.I. 25), and
at the time of submitting its answering brief (D.I. 29), the County submitted its own cross-
motion. (D.I. 26; D.I. 27.) Wawa then filed a reply brief. (D.I. 31.) The parties agree that the
briefing submitted addresses both Wawa’s motion and the County’s cross-motion.
Pursuant to a Scheduling Order entered by the Court on August 10, 2004 (D.I. 9), this
matter was set for a four-day bench trial beginning on July 5, 2005, with a pretrial conference on
June 23, 2005. Because both parties agree that there is no dispute of any material fact, and that
the Joint Appendix of the parties (D.I. 25) contains all stipulated facts necessary for the
resolution of the constitutionality of the ordinance in question, both parties agree that the trial in
this matter (and the pre-trial conference) can be taken off-calendar.
Dover (302) 678-8815 Broom Street (302) 655-2599 Newark (302) 368-4200

Case 1 :04-cv—00322-KAJ Document 32 Filed 04/18/2005 Page 2 of 2
The Honorable Kent A. Jordan Momus, JAMES, HITCHENS & WILLIAMS LLP
April 18, 2005
Page 2
Wawa requests oral argument on the pending cross-motions. However, because the
parties are continuing to attempt to resolve this matter, the parties suggest that holding in
abeyance the Court’s consideration of the pending motions for a ninety-day period may obviate
the need for the Court to act on the pending cross-motions.
Respectfully su;§;itted,
Matthew F. Lintner (#43 71)
MFL:dbp
cc: (via e-tiling)
Clerk of the Court
(via e-mail and U.S. Mail)
Mary A. Jacobson, Esq.
iosizis/1

Case 1:04-cv-00322-KAJ

Document 32

Filed 04/18/2005

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Case 1:04-cv-00322-KAJ

Document 32

Filed 04/18/2005

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