Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :06-cv-00441-SLR Document 41 Filed 05/07/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
ELIZABETH TRAYNOR, )
)
Plaintiff, )
) CIVIL ACTION NO. 06-441-SLR
V- )
)
DAVY LIU d/b/a DAVY LIU STUDIO )
GALLERY, )
)
Defendant. )
PLAINTIFF ELIZABETH TRAYNOR’S MOTION TG STRIKE DEFENDANPS
BRIEF IN SUPPORT OF HIS MOTION FOR A PROTECTIVE ORDER
Plaintiff Elizabeth Traynor (hereinafter "Plaintiff’) hereby moves to strike from
consideration Defendant Davy Lin’s (hereinafter “Defendant") Brief in support of his
Motion for a Protective Order. In support of this motion, the Plaintiff states as follows:
1. Defendant filed a Motion for a Protective Order on April 5, 2007 to
request that either Plaintiff be required to pay for Defendants counsel’s travel expenses
to California for Defendant’s deposition, or Plaintiff be required to have the deposition
via video conference, with counsel for both sides remaining in Delaware. D.I. 38.
2. On April 19, 2007, Plaintiff tiled a timely answering brief opposing
Defendants Motion. D.I. 39.
3. On May 4, 2007, Defendant filed a brief in support of his Motion for a
Protective Order. D.I. 40. This brief was a reply brief filed more than five (5) business
days after the answering brief was tiled and served.
4. Delaware Local Rule “/.l.2(a)(3) allows for filing of a reply brief no later
than five (5) days after service and filing of the answering brief. Federal Rule of Civil
Procedure 6(e) allows for the addition of three days onto this period of time for certain

Case 1 :06-cv-00441-SLR Document 41 Filed 05/07/2007 Page 2 of 3
forms of service. Federal Rule 6(a) negates intermediate weekends inthe computation of
time. Talciiig these three rules in consideration, l)efendant’s reply brief should have been
filed no later than Monday, April 30, 2007.
5. Defendant’s counsel did not seek leave of this Court to tile the reply brief
outside ofthe local Rule deadline. Defendant’s counsel did not contact Plaintiffs
counsel to propose an extension of time or a stipulation to extend time.
6. This blatant disregard of the rules of this Court is yet another in a series of
steps by Defendant to delay Plaintiff in her attempts to resolve this matter efficiently.
WHEREPORE, for the reasons described above, Plaintiff respectfully requests
that the Court strike Det`endant’s brief in support of his Motion for a Protective Order
from consideration. D.I. 40.
Respectfully Submitted,
__ - ·? .__, {A ._ ·
d ____ _. : 3; p _ . .
Patricia Smink ’ ogows ( #2632)
Geoffrey A. Zelley (#4939)
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 N. Orange St.
PO Box 2207
Wilmington, DE 19899
(302)658—9l41
Attorneys for Plaintyf
OF COUNSEL
Jennifer Fraser
Connolly Bove Lodge & Hutz LLP
Suite 800
1990 M St. NW
Washington, DC 20036-3425
(202)33 l-71 ll

‘ Case 1 :06-cv-00441-SLR Document 41 Filed 05/07/2007 Page 3 of 3
CERTIFICATE OF SERVICE
. .... in
I, Patricia S. Rogowski, hereby certify that on this 1 day of May, 2007,
electronically tiled PLAINTIFF ELIZABETH TRAYNOR’S MOTION TO STRIKE
DEFENDAN'I"S BRIEF IN SUPPORT OF HIS MOTION FOR A PROTECTIVE
ORDER with the Clerk of Court using CM/ECP which will send notification of such
filing(s) to the following:
Stephen P. Casarino, Esq.
Casarino Christman & Sheik, P.A.
800 North King Street, Suite 200
P.O. Box 1276
Wilmington, DE 19899 __
9 _ · Y . I / —·
_ ./ H , ( _·-= =Ef* -4 é' {IM .- ·- =
Patricia S. Rcgows ' /
Delaware Bar No. 2632
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 N. Orange Street
P.O. Box 2207
Wilmington, DE 19899
(302) 658-9141

Case 1 :06-cv-00441-SLR Document 41 -2 Filed 05/07/2007 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
ELIZABETH TRAYNOR, )
)
fiaintiff, )
) CIVIL ACTION NO. 06-441—SLR
v. )
)
DAVY LIU d/b/a DAVY LIU STUDIO )
GALLERY, )
)
Defendant. )
CERTIFICATION OF COUNSEL PURSUANT TO LOCAL RULE 7.1.1
I, Geoffrey A. Zelley, an attorney for Plaintiff Elizabeth Traynor ("Piaintiff"),
hereby certify that I placed a phone call to counsel for Defendant Davy Liu
("Defendant") and left a voice message on May 4, 2007, in an effort to resolve this
dispute. I placed a second call on May 7, 2007. I hereby certify that I was not able to
reach agreement with counsel on the matters set forth in the Motion, necessitating the
tiling of the Motion.
Respectfully submitted,
Dated: May 7, 2007 CONi~toLLY Bova once & Herz LLP
By: %
Geo fre elley (#4939)
1007 N. Orange Street
P. O. Box 2207
Wilmington, DE 19899
Te}: (302) 65S—9l4l
Attorneys for P/aintw Elizabeth Traynor