Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 215

Filed 04/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, individually and in his official capacity as the Superintendent, Delaware State Police; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, individually and in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants. : : : : : : : : : : : : : : : : : : : : : :

C.A.No.04-1394-GMS

PLAINTIFF'S REPLY IN SUPPORT OF HER MOTION TO STRIKE DEFENDANTS' MOTIONS IN LIMINE AND ACCOMPANYING BRIEFS FOR FAILURE TO COMPLY WITH THE RULE 16 SCHEDULING ORDER The defense response contends that their speaking motions contain a simple "shell outline" of the arguments presented in their briefs. (D.I. 214 at 2). Review of the defense motions and briefs refutes such a contention. Rather than reargue these issues, plaintiff instead relies upon the well-reasoned discussion of this issue contained in her motion to strike (D.I. 186 at 3-4). The remainder of the allegations contained in the defense pleading do not merit a response. They were not filed in motion form and rather than burden the Court by refuting them one by one, plaintiff simply notes that defendants have mischaracterized various events.

Case 1:04-cv-01394-GMS

Document 215

Filed 04/25/2006

Page 2 of 3

Respectfully Submitted, THE NEUBERGER FIRM, P.A.

/s/ Stephen J. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, Delaware 19801 (302) 655-0582 [email protected] [email protected] Dated: April 25, 2006 Attorneys for Plaintiff

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Case 1:04-cv-01394-GMS

Document 215

Filed 04/25/2006

Page 3 of 3

CERTIFICATE OF SERVICE I, Stephen J. Neuberger, being a member of the bar of this Court do hereby certify that on April 25, 2006, I electronically filed this Reply with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

Ralph K. Durstein III, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801 James E. Liguori, Esquire Liguori, Morris & Yiengst 46 The Green Dover, DE 19901

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.

Conley/ Pleadings / Motion to Strike Ds M inL - RB.final

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