Free Letter - District Court of Delaware - Delaware

Case 1:94-cv-00336-KAJ

Document 434-2

Filed 03/09/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JEROME K. HAMILTON, Plaintiff, v. ) ) ) ) ) ) ) ) )

Civil Action No. 94-336-GMS

FAITH LEAVY, et al. Defendants.

O_B_DuE R

On June 23, 1999, the court issued an order which required defense counsel to explain

the basis for a recent opposition to a motion to amend. In response, counsel stated that the opposition was intended primarily to preserve the issue for further appeals. A party may raise argumentswhich were previously rejected by the court in order to preserve the record for appeal. See, e.g., Gilmore v. ShearsoniAm. Express, 811 F.2d 108,
111-12 (2d Cir. 1987); Estate of Bias ex rei. Charqualafv. Winkler, 792 F.2d 858, 861 n.4

(9th Cir. 1986). For this reason, the com1 finds good cause for the opposition and concludes that the imposition of sanctions is not warranted. IT IS SO ORDERED.

Date:
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