Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF

Document 70

Filed 01/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA for the Use and Benefit of JERSEY SHORE AUTOMATION, INC. Plaintiff and Counter-Defendant vs. CHUGACH SUPPORT SERVICES, INC., et al. Defendants and Counter-Plaintiffs

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C. A. No. 04-1416 (JJF)

SUPPLEMENTAL MOTION OF DEFENDANTS CHUGACH SUPPORT SERVICES, INC. AND SAFECO INSURANCE COMPANY OF AMERICA FOR SUMMARY JUDGMENT ON THE COMPLAINT AND FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM Pursuant to Federal Rule of Civil Procedure 56 and Local Rules 7.1.2 and 7.1.3, Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America, by counsel, respectfully supplement their pending motion to dismiss or in the alternative for partial summary judgment, again move for summary judgment on the First Amended Complaint and move for summary judgment on Defendants' Counterclaim, on the grounds that there are no genuine disputes of material fact and Defendants are entitled to judgment as a matter of law. In addition to the grounds set forth in the accompanying Brief, Defendants incorporate herein by reference their pending (i) Motion of Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America to Dismiss in Part or in the Alternative for Partial Summary Judgment (May 3, 2005), (ii) accompanying Brief in Support of Motion of Defendants Chugach

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Case 1:04-cv-01416-JJF

Document 70

Filed 01/30/2006

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Support Services, Inc. and Safeco Insurance Company of America to Dismiss in Part or in the Alternative for Partial Summary Judgment (May 3, 2005) and Appendix, (iii) Supplemental Brief of Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America to Dismiss in Part or in the Alternative for Partial Summary Judgment (July 6, 2005) and accompanying Supplemental Appendix and (iv) Reply Brief of Defendants Chugach Support Services, Inc. and Safeco Insurance Company of America to Dismiss in Part or in the Alternative for Partial Summary Judgment (Sept. 12, 2005).

Respectfully submitted, BIRCH, HORTON, BITTNER AND CHEROT /s/ Harvey A. Levin Harvey A. Levin 1155 Connecticut Avenue, N.W., Suite 1200 Washington, DC 20036 Phone (202) 659-5800 Fax (202) 659-1027 Email: [email protected] and

THE LYONS LAW FIRM Edmund Daniel Lyons (No. 0881) 1526 Gilpin Avenue P.O. Box 579 Wilmington, DE 19806 Phone (302) 777-5698 Fax (302) 777-5051 Email: [email protected]

Counsel for Chugach Support Services, Inc. and Safeco Insurance Company of America 2

Case 1:04-cv-01416-JJF

Document 70

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served by electronic filing and by first class mail, postage prepaid this 30th day of January 2006 on:

James D. Heisman, Esquire M. Edward Danberg, Esquire Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899

/s/ Harvey A. Levin

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