Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-01469-SLR Document 67 Filed 12/19/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Stanford L. Burris :
Plaintiff,
: Civ. No. 04-1469-SLR
v. :
Richards Paving, Inc.
Defendant
DEFENDANT RICHARDS PAVING, INC.,’S
REPLY IN SUPPORT OF MOTION FOR REMITTITUR
Defendant Richards Paving, Inc., (hereafter referred to as "Richards Paving")
hereby moves this Court to grant its motion for remittitur.
1. On December 15, 2006, defendant Richards Paving filed a motion for renewed
judgment as a matter of law and for remittitur.
2. On December 19, 2006, plaintiff filed a response. Part of plaintiffs response was
that defendant had not proven that it had less than 100 employees.
3. Pursuant to the attached affidavit of Mr. Richard Piendak, President of Richards
Paving, the defendant has less than 100 employees.
4. Under the Americans with Disabilities Act, plaintiff’s compensatory damages
should be reduced to $50,000.
WHEREFORE, for the reasons stated above, Richards Paving respectfully
requests that this Court grant its motion for renewed judgment as a matter of law and for
remittitur.

Case 1:04-cv-01469-SLR Document 67 Filed 12/19/2006 Page 2 of 2
ELZUFON AUSTIN REARDON
TARLOV & MONDELL, P.A.
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Matthew P. Donelson, ID #4243
300 Delaware Avenue, Suite 1700
P.O. Box 1630
Wilmington, DE 19899-1630
(302) 428-3181
Attorney for Defendant
Dated: December 19, 2006 Richards Paving, Inc.