Free Motion for Reconsideration - District Court of Delaware - Delaware


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Date: November 15, 2006
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State: Delaware
Category: District Court of Delaware
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J Case 1 :04-cv-01530-JJF Document 42-2 Filed 1 1/13/2006 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
John S. Shipley, et al., ) _
) .
Plaintiff )
) .
v. A p ) Civil Action No. 04-1530-JJF
B 8: F TOWING COMPANY and . )
OWNERS, )
`
Defendants ) . .
_ MOTION TO RECONSIDER THE ORDER
DATED OCTOBER 30, 2006
1. The plaintiff John S. Shipley has been sick and suffering from memory loss _
olfand on since he was pushed 1i·om a moving train on April 21, 2004.
2. After receiving the order dated October 30, 2006, the plaintiff checked his
files and his assistait neglected to mail the amended complaint to the
I defendant. The plaintiff John s. Shipley sincerely apologizes for signing a
certification that it was mailed on that date. The plaintiff John S. Shipley
begs the court to accept his apology. The complaint will be mailed to the
defendant as soon as possible. l
3. A response to B& F Tpwing Company’s motion to be dismissed iirom the
case with prejudice will also filed by the plaintiff John S. Shipley shortly.

1 Case 1:04-cv—01530—JJF Document 42-2 Filed 11/13/2006 Page 2 of 4
, s " 4. The plaintiff be gs the court to grant the plaintiff time to allow all defendants
to be served. The plaintiff John S. Shipley, also begs the com·t to allow the
plaintilf John S. Shipley to tile aresponse to the defendant’s motion. It
would be improper to dismiss the case without the defendants having received
. a copy of the complaint.


John S. Shipley, pm se
4 609 Wildel Ave
New Castle, DE 19720
Date; November 13, 2006 J

_ Case 1:04-cv-01530-JJF Document 42-2 Filed 11/13/2006 Page 3 of 4
`A IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DEL AWARE
John S. Shipley, et al., )
‘ )
Plaintiff] )
R ) A ·
v. I ) Civil Action No. 04-1530-JIF
)
B & F TOWING COIMJIPANY and )
OWNERS, )
c )
Defendants )
ORDER
AND NOW, this day of , 2006, upon
consideration ofthe p1aintifE’s, MOTION TO RECONSIDER THE ORDER
DATED OCTOBER 30, 2006-11-12 and all responses thereto, D
IT IS HEREBY Ordered that the plaintiff’s Motion is GRANTED and the claims
be upheld. _
JJF
Datet November 13, 2006

-’ Case 1:04-cv-01 Document 42-2 Filed 11/13/2006 Page 4 of 4
T c11111*1F1cA1*E or SERVICE
I, John S. Shipley, hereby certify that on November 13, 2006, that I caused two copies of
_ the foregoing, Moirtow TO 11sco1~is11:•E11 urn: 0111111111 11.111111 OCTOBER sn,
2006-I1— 12 to be served by tirst class U.S. Mail on the party at the following address:
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I ohh S. Shipley, pm se
1 609 Wilde] Ave
New Castle, DE 19720
Date; November 13, 2006