Free Response to Motion - District Court of Delaware - Delaware

Case 1:05-cv-00063-SLR Document 8 Filed 05/31/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMERICAN EMPLOYERS’ INSURANCE :
COMPANY, as subrogee of College Book :
Stores of America :
One Beacon Street :
Boston, MA 02108 :
Plaintiff C.A. No. 05-063-SLR
v.
T.A. RIETDORF & SONS, INC.
P.O. Box 1528 :
Wilmington, DE 19899 :
Defendant.
PLAINTIFF’S RESPONSE IN OPPOSITION TO
DEFENDANT T.A. RIETDORF’S & SONS, INC.’S MOTION TO DISMISS
Plaintiff, American Employers’ Insurance Company, as subrogee of College Bookstores
of America ("Plaintiff’) respectfully tiles this Response In Opposition To Defendant T.A.
Rietdorf & Sons, Inc.’s ("Defendant" or "T.A. Rietdorf’) Motion to Dismiss. In support thereof,
plaintiff avers as follows:
1. On March 26, 2004, Plaintiff filed an Amended Complaint against United
Dominion Industries, et al., in the United States District Court for the District of Delaware (C.A.
No. 04-178-SLR). Plaintiffs Amended Complaint as attached hereto as Exhibit "A."
2. On or about June 18, 2004, United Dominion Industries, Inc. filed a Third Party
Complaint against T.A. Rietdorf & Sons raising substantially the same claims raised in
Plaintiffs Complaint. United Dominion Industries, Inc.’s Third Party Complaint is attached
hereto as Exhibit "B."
3. On August 4, 2004, this Court entered its Scheduling Order. The Court’s
Scheduling Order is attached hereto as Exhibit "C."
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Case 1:05-cv-00063-SLR Document 8 Filed 05/31/2005 Page 2 of 3
4. On February 4, 2005, Plaintiff filed a Complaint against T.A. Rietdorf and served
it on February 7, 2005. (D.I. 1, 3).
5. When the Complaint was filed, Plaintiff specifically identified it as related to case
No. O4-178-SLR so that the Court would exercise jurisdiction over both matters. Plaintiffs
counsel advised T.A. Rietdorf s counsel of their intention of having the matters consolidated.
Plaintiff s Civil Sheet Appendix B attached hereto as Exhibit "D."
6. Plaintiff intends to move to consolidate the Complaint with the related matter
before this Court when T.A. Rietdorf answers the Complaint.
7. To date, the parties, including T.A. Rietdorf, have deposed eight (8) fact
witnesses, have exchanged its expert disclosures (disclosures are due May 31, 2005) and reports
pursuant to Rule 26(a)(2) and have exchanged and answered discovery from both defendants
T.A. Rietdorf and United Dominion Industries, Inc.
8. The parties have agreed to mediate these matters on June 30, 2005.
9. Trial in the related matter is scheduled on October 3, 2005. See Scheduling Order
attached hereto as Exhibit "C."
10. When Rietdorf answers plaintiffs Complaint, plaintiff will respectfully request
that the Complaint be consolidated with the related matter for trial.
11. Plaintiffs Complaint will not require any additional discovery and, once
consolidated, can be tried with the related action without delay.
12. Plaintiffs Complaint will not delay the disposition of the related matters and does
not raise any new claim against T.A. Rietdorf nor is T.A. Rietdorf prejudiced, in fact, disposition
of Plaintiff s Complaint will insure a full and final disposition of the matter.
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Case 1 :05-cv-00063-SLR Document 8 Filed 05/31/2005 Page 3 of 3
WHEREFORE, for the reasons set forth herein and in the accompanying Memorandum
of Law, Plaintiff respectfully requests that this Court deny Defendant’s Motion to Dismiss.
Dated: May 31, 2005 . `ljfhc
Sean J. ellew (#4072)
David A. Felice (#4090)
Chase Manhattan Centre
1201 North Market Street, Suite 1400
Wilmington DE 19801
Telephone: (302) 295-2000
Facsimile: (302) 295-2013
Attorneys for Plaintw
Of Counsel:
Peter G. Rossi, Esquire
Cozen O’Cormor
1900 Market Street
Philadelphia, PA 19103
Telephone: (215) 665-2783
Facsimile: (215) 665-2013
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