Delaware Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Courthouse Name] [Court's Address] [City, State, ZIP] [Plaintiff's Name] [Plaintiff's Address] [City, State, ZIP] [Plaintiff's Attorney's Name] [Plaintiff's Attorney's Firm] [Attorney's Address] [City, State, ZIP] [Defendant's Name] [Defendant's Address] [City, State, ZIP] [Defendant's Attorney's Name] [Defendant's Attorney's Firm] [Attorney's Address] [City, State, ZIP] Re: Joint Motion of Entry of Second Amended Scheduling Order Dear Honorable [Judge's Last Name], We, the undersigned parties, hereby jointly move for the entry of a Second Amended Scheduling Order in the above-mentioned case, pursuant to the Delaware Rules of Civil Procedure. We respectfully request that the court grant this motion to accommodate the parties' needs and ensure an efficient and fair litigation process. The reasons for this motion are as follows: 1. Change in Circumstances: Since the entry of the previous Scheduling Order, new facts and developments have arisen that necessitate modification to the previously agreed-upon schedule. The parties believe that this amendment is crucial to ensure a thorough and just resolution of this case. 2. Discovery Issues: The parties have encountered unforeseen difficulties during the discovery process, such as the unavailability of essential witnesses and the need for additional time to gather critical evidence. These challenges have impeded progress and require an extension of certain deadlines to adequately address all relevant matters. 3. Settlement Negotiations: The parties have engaged in ongoing settlement discussions, and there is a genuine possibility of reaching a resolution outside of litigation. Granting the motion for the Second Amended Scheduling Order would allow the parties to continue exploring settlement options without jeopardizing the progress of the case. 4. Ensuring Efficiency: The parties believe that the proposed amended schedule, attached as Exhibit A, will not only accommodate the current circumstances but also improve the overall efficiency of the litigation process. The proposed changes to the scheduling order aim to streamline the proceedings, avoid unnecessary delays, and optimize the use of judicial resources. Based on the aforementioned reasons, we respectfully request that the Court approve and enter the proposed Second Amended Scheduling Order, as attached herewith as Exhibit A. The parties have diligently collaborated to develop a revised schedule that takes into account the needs and constraints of all involved. We believe that this joint motion serves the interests of justice and will facilitate the prompt resolution of this matter. Thank you for your attention to this matter, and we kindly ask for an early ruling on this motion. If the Court deems it necessary, we are available for a conference call or an in-person hearing to address any concerns or provide further clarification. Respectfully submitted, [Your Name] [Your Attorney's Name and Firm Name] [Plaintiff's Attorney's Name and Firm Name] [Defendant's Attorney's Name and Firm Name]
Delaware Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order
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Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.
Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.
A motion for a new trial based on any other grounds shall be made within 7 days after verdict or finding of guilty or within such further time as the court may fix during the 7-day period.
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...
When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is ...
At the trial or upon hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who ...
If a derivative plaintiff or derivative counsel fails to adequately represent the interests of the entity in pursuing the derivative action, then the Court may dismiss the derivative action without prejudice, replace the derivative plaintiff or derivative counsel, or make further orders as warranted.
