Free Statement - District Court of Delaware - Delaware

Case 1:06-cv-00489-JJF Document 12 Filed 10/O9/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Ronald C. Gmmbkow, )
)
Plaintiff )
)
v. ) C.A. N0. 06-489 (JJF)
)
The Walt Disney Company, )
George J. Mitchell, )
Chairman of the Board & )
Robert A. Iger, )
President/Chief Executive Officer )
& Jeffrey Ruthizer, )
Vice-President/ABC Group )
DEFENDANTS’ SUPPLEMENTAL STATEMENT, IN LIEU OF REPLY BRIEF,
IN FURTHER SUPPORT OF ITS MOTION TO DISMISS
Defendants The Walt Disney Company, George J. Mitchell, Robert A. Iger, and
Jeffrey Ruthizer (collectively, "Defendants") filed their Motion to Dismiss, together with a
Memorandum of Law in support of the Motion to Dismiss, on September ll, 2006 (collectively
referred to as the "Motion to Dismiss"). (D.I. 7, 8) In the Motion to Dismiss, Defendants argued
that the Plaintiff s complaint should be dismissed for failure to state a claim upon which relief
can be granted, insufficiency of process, insufficiency of service of process, and lack of personal
jurisdiction over Messrs. Mitchell, Iger, and Ruthizer.
Pursuant to D. Del. LR 7.l.2(a)(2) and Fed. R. Civ. P. 6(e), Plaintiff was required
to respond to the Motion to Dismiss on or before September 28, 2006. On October 2, 2006,
Plaintiff filed an untimely response to the Motion to Dismiss. (D.I. ll) Plaintiffs one-sentence
response to the Motion to Dismiss completely fails to address the issues raised in the Motion to
Dismiss. Specifically, Plaintiffs response fails to state any basis whatsoever to deny the Motion
to Dismiss, fails to shed any further light on his allegations against Defendants, and fails to

Case 1:06-cv-00489-JJF Document 12 Filed 10/O9/2006 Page 2 of 3
request leave to file an amended complaint in lieu of dismissal. Instead of responding to the
arguments contained in the Motion to Dismiss or attempting to clarify his claims, Plaintiff
simply makes additional vague and confusing allegations against Defendants.
Therefore, Defendants request that the Court dismiss Plaintiffs complaint with
prejudice for the reasons stated in the Motion to Dismiss and the Memorandum of Law in
support of the Motion to Dismiss.
POTTER ANDERSON & CORROON LLP
(I
Robe . Payson (#274)
Suzanne M. Hill (#4414)
Hercules Plaza, 6th Floor
1313 N. Market Street
P.O. Box 951
Wilmington, DE 19899
(302) 984-6000
Dated: October 9, 2006 Attorneys for Defendants
753702
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Case 1:06-cv-00489-JJF Document 12 Filed 10/O9/2006 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
1, Suzanne M. Hill, hereby certify that on October 9, 2006, the attached documents
were electronically filed with the United States District Court for the District of Delaware via
CM/ECF (official Court electronic filing system) and two (2) true and correct copies were mailed via
First Class Mail, Postage Prepaid to the following:
Ronald C. Grumbkow
32 Steeplechase Drive
Doylestown Hunt Estates
Doylestown, PA 18901
Roéert g Payson (#274)
Suzanne M. Hill (#4414)
Hercules Plaza, 6m Floor
1313 N. Market Street
P.O. Box 951
Wilmington, DE 19899
(302) 984-6000
ksham1on(QD,_1gottera11derson.com
[email protected]
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