Free Reply Brief - District Court of Delaware - Delaware

Case 1 :04-cv-01386-JJF Document 39 Filed O3/22/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR TIE DISTRICT OF DELAWARE
SANITEC INDUSTRIES, INC., )
I
Plaintifi )
)
v. ) Civil Action No. 04—I386—JJF
)
SANITEC WORLDWIDE, LTD., )
)
Defendant. )
PLAIN'I‘IFF’S REPLY MEMORANDUM
IN SUPPORT OF ITS
MOTION FOR VOLUNTARY DISMISSAL
Richard D. Kirk (Ba1·ID #922)
TIE BAYARD FIRM
222 Delaware Avenue, 9th Floor
Wilmington, DE 19801
(302) 6556000
Attor·:1eysfo1·PIai11r@'Sanz'tec Iardustries, Inc.
OfCoam.sel.·
Richard J. Oparll
Jennifer L. King
PATTON BOGGS LLP
2550 M Street, NW
Washington, DC 20037
(202) 457-6000
March 22, 2006

Case 1:04-cv-01386-JJF Document 39 Filed O3/22/2006 Page 2 of 4
ARGUMENT
For the reasons set forth in its memorandum in support and exhibits (DI 36-37), the
motion to voluntarily dismiss this action filed by plaintiff, Sanitec Industries, Inc. (’*Industries"),
against defendant, Sanitec Worldwide, Ltd. ("Worldwide"), without prejudice, should be granted.
The record is clear that two former defendants here, Jeffrey J. Weinsten ("Weinsten") and James
1-1. Smith ("Smith"), have no ownership interest in Worldwide and have been enjoined from
asserting any such interest. Based on the final decision by the Caiifornia Superior Court and the
record described in Industries motion, James I-Iarkess ("Harlcess"), industries director, officer
and shareholder, indirectly owns and controls Worldwide. Thus, there is no need to continue this
action.
The answering brief (1).1. 38) tiled by David L. Finger, purportedly on behalf of
Worldwide, presents no reason to deny industries motion.1
CONCLUSION
For all the foregoing reasons, Industries' motion to dismiss this action against Worldwide
without prejudice should be granted.
March 22, 2006 TI-{E BAYARD FIRM
fsf Richard D. Kirk §rk0922l
222 Delaware Avenue, 9th Floor
Wilmington, DE 19801
(302) 655-5000
Attorneys for P[{Il`?If£f`f`SHi1l[€C 1TTI{I'l.£SI°}'I.£'S, Inc.
1 Despite his termination as counsel for Worldwide, Mr. Finger continues to purportedly
act on behalf of Worldwide. However, the answering brief makes clear that he is in reality
acting for Weinsten, who continues to assert an interest in Worldwide.

Case 1:04-cv-01386-JJF Document 39 Filed O3/22/2006 Page 3 of 4
Of Counselr
Richard J. Oparil
PATTON BOGGS LLP
2550 M Street, NW
Washington, DC 20037
(202) 45745000
(202) 457—6315 (fax)
Jennifer L. King
PATTON BOGGS LLP
8484 Westpark Drive
McLean, VA 22102
(703) 744-8000
(703) 744-8001 (fax)
620921vl
- 2 -

Case 1:04-cv-01386-JJF Document 39 Filed O3/22/2006 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on March 22, 2006, he electronically tiled the
foregoing document with the Cieric of the Court using CM/ECF, which will send automatic
notification ofthe filing to the foliowing:
David L. Finger, Esq.
Finger & Slanina
One Commerce Center
1201 Orange Street, Suite 725
Wilmington, DE 19801
The undersigned further certifies that a copy of the foregoing was sent to the above
counsel by hand on March 22, 2006.
fs! Richard D. Kirk g#922)
572-337vE