Free Motion for Discovery - District Court of Delaware - Delaware

Case 1 :04-cv-01416-JJF Document 47 Filed 08/24/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, for )
the Use and Benefit of JERSEY SHORE )
AUTOMATION, INC., a New Jersey )
corporation, )
)
Plaintiff ) C.A. NO. 04-1416 (HF)
)
v. )
)
CHUGACI-I SUPPORT SERVICES, )
INC., an Alaska corporation, and SAFECO )
INSURANCE COMPANY OF AMERICA, )
a Washington corporation, )
)
Defendants. )
PLAINTIFF JERSEY SHORE AUTOMATION INCRS
MOTION PURSUANT TO FED. R. CIV. P. 56(f) TO OBTAIN
DISCOVERYAND EVIDENCE NECESSARY TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS IN PART, OR IN THE
ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT
Plaintiff Jersey Shore Automation, Inc, ("Jersey Shore") respectfully rnoves the Court to
issue an Order pursuant to Fed. R. Civ. P.56(t) to permit Jersey Shore to obtain discovery
necessary to respond to Defendants’ Motion to Dismiss in Part, or in the Alternative for Partial
Summary Judgment, on Jersey Shore’s claims arising out of (i) Chugach’s mistakes in
calculating, and incorrect calculations ot; wage rates, (ii) Chugaclfs failing to process invoices in
a tiniely fashion and failing to issue change orders and (iii) Chugaclfs breach of the contract as
suppiemented by the parties, issues upon which Plaintiff bears the ultimate burden of proof As
demonstrated more fuliy in the Declaration of jfarnes D. Heisman, Esquire and Plaintiffs Brief in
Opposition to Det`endants’ Motion to Dismiss in Part, or in the Alternative for Partial Summary

Case 1:04-cv-01416-JJF Document 47 Filed 08/24/2005 Page 2 of 2
ludgment, Plaintiff satisties the established requirements for obtaining additional discovery
under Rule 56(t).
WHEREFORE, pursuant to Fed. R. Civ. P. 56(i), Plaintiff respectfully requests that this
Court grant its motion to obtain discovery on claims arising out of (i) Chugaclfs mistakes in
calculating, and incorrect calculations of, wage rates, (ii) Chugaclfs failing to process invoices in
a timely fashion and failing to issue change orders and (iii) Chugacifs breach of the contract as
supplemented by the parties.
A proposed Order is attached.
Respectfully submitted,
CONNOLLY BOVE LODGE & HUTZ LLP
/s/ James D. Heisman
James D. Heisman (# 2746)
M. Edward Danberg (tt 2245)
lt}07 N. Orange Street
P. O. Box 2207
Wilmington, DE l9899
(302) 658-914l
Azftorrzeysfor Plairam”Jersey Shore
Automation, Inc.
DATED: August 24, 2005
2