Free Response to Motion - District Court of Delaware - Delaware

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Case 1:05-cv-00004-SLR Document 18 Filed 11/15/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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FLEETBOSTON FINANCLAL ) g
CORPORATION, KMR MANAGEMENT, )
INC., ROBERT RIESNER, and )
WARING S. JUSTIS, JR-, ) E
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Appellants, )
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v. ) Civil Action No. 05-004 (SLR) i
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NHI, INC., )
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Appellee. )
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APPELLANTS’ RESPONSE TO MOTION FOR AN
EXTENSION OF TIME TO FILE THE BRIEF OF THE
APPELLEE, NHI, INC., IN OPPOSITION TO THE APPEAL
Appellants FleetBoston Financial Corporation, KMR Management, Inc., Robert Riesner
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and Waring S. Justis, Jr. (collectively, "Appellants") hereby respond to the Motion for an
Extension of Time to File the Brief of the Appellee, NHI, Inc., (“Appellee") in Opposition to the
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. Appeal (“Motion").
The briefing schedule in these consolidated appeals was set by the Court pursuant to an [
Order entered September 13, 2005. A copy of the Order is attached hereto as Exhibit A and i
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incorporated herein. The briefing schedule is as follows:
Appellants’ brief in support of its appeals October ll, 2005
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Appellee’s brief in opposition to the appeals November l0, 2005
Appellants’ reply brief December 9, 2005
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The Court Order sets specific dates for briefing. October ll, 2005 fell on a legal holiday,
accordingly, Appellants filed their brief on October I2, 2005. Appellee’s brief was due on


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Case 1:05-cv-00004-SLR Document 18 Filed 11/15/2005 Page 2 of 2 I
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November 10, 2005, not November 14, 2005 as represented inthe Motion filed November 14,
2005} Appellee makes another misstatement of fact: counsel for Appellee communicated with
Appellants’ counsel via email and did not leave any voicemail messages for either Ms. Kraft or
Mr. Brown, counsel for Appellants. A copy of Mr. Donatelli’s email is attached hereto as
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Exhibit B. I
The Order contemplates a thirty (3 0) day reply brief by Appellants. Accordingly, I
Appellants request that the Order be amended to provide thirty (30) days for Appellants to tile I
their reply after the date on which Appellee files its brief in the event the Coun; grants the
Motion.
WHEREFORE, Appellants request that this Honorable Court enter an order in its
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discretion, granting such relief as the Court deems just and equitable.
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Dated: November 15, 2005 EDWARDS ANGELL PALMER & DODGE LLP
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Stuart M. Brown, Esquire (DE No. 5 I
Denise Seastone Kraft (DE No. 2778) I
919 N. Market Street, Suite 1500 I
Wilmington, DE 19801 ,
Tel.: $02377.7770 I
Fax: 302.777.7263
Attorneys for F leei‘Boston F inanoiai Corporation,
KMR Management, Inc.,
Robert Riesner, and Waring S. Jastis, Jr. I
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I First, the time for Appellee to tile its brief has expired. Consequently, the Motion should have been captioned as a I
motion for leave to late tile a brief Second, on September 27, 2005, the Court entered an Order consolidating I
Appellants’ appeals at Civil Action Nos. 05—004(SLR) and 05-659(SLR), at Civil Action No. 05-004(SLR). The
Motion was filed under Civil Action 05-659(SLR) and was not docketed under the conect Civil Action number until
November 15, 2005.
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