Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01367-GMS

Document 59

Filed 09/18/2006

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE JULIAN A. MILLER ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1367 JURY OF 12 DEMANDED

Plaintiff, v. STANLEY TAYLOR, ET. AL Defendants,

DEFENDANT ALIE'S REPLY IN SUPPORT OF HER MOTION FOR RELIEF FROM DEFAULT JUDGMENT 1. 25, 2006. 2. On August 24, 2006, this Court granted Plaintiff's Default Judgment motion against Plaintiff granted Defendant Alie an extension to answer the complaint until August

Defendant Alie. 3. On August 24, 2006, counsel for Defendant Alie spoke with plaintiff's counsel

regarding a Motion to Vacate Default Judgment. During that telephone conversation, plaintiff's counsel stated he would not oppose such a motion. 4. Judgment. 5. As the Court's decision regarding the vacation of default judgment is still pending, On August 24, 2006, Defendant Alie filed a Motion for Relief From Default

Defendant Alie did not file an answer. However, for the ease of all parties, Defendant Alie has attached a proposed answer which would be filed, should the default judgment against her be lifted

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Case 1:04-cv-01367-GMS

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by this Court. Proposed Answer attached as "Exhibit 1." 6. For the above mentioned reasons, Defendant Alie respectfully requests that the default

judgment against her be lifted and that the Court enter an order granting her Motion for Relief from Default Judgment.

McCULLOUGH & McKENTY, P.A. /s/ Dana Spring Monzo Daniel L. McKenty, Del. Bar No. 2689 Dana Spring Monzo, Del. Bar No. 4605 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorneys for Defendant Dr. Alie September 18, 2006

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Case 1:04-cv-01367-GMS

Document 59

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE JULIAN A. MILLER ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1367 JURY OF 12 DEMANDED

Plaintiff, v. STANLEY TAYLOR, ET. AL Defendants,

CERTIFICATE OF SERVICE I, DANA SPRING MONZO, hereby certify that on the 18th day of September, 2006, a copy of the attached Defendant Alie's Reply in Support of Her Motion for Relief from Default Judgment was sent to the following via electronic notification: Sean P. Hayes, Esquire Fish & Richardson, P.C. 919 North Market Street, Ste 1100 P.O. Box 1114 Wilmington, DE 19899-1114

McCULLOUGH & McKENTY, P.A. /s/ Dana Spring Monzo Daniel L. McKenty, Del. Bar No. 2689 Dana Spring Monzo, Del. Bar No. 4605 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorneys for Defendant Dr. Alie September 18, 2006