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

Case 1 :04-cv—0091 1—GI\/IS Document 183 Filed 07/28/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN KOPACZ, et al., )
) C.A. No. 04-911 (GMS)
Plaintiffs, ) (Consolidated with C.A. No. 04-1281 GMS)
)
v. )
)
DELAWARE RIVER AND BAY )
AUTHORITY and CRAIG SWETT )
)
Defendants. )

PLAINTIFFS’ REPLY TO DEFENDANT DELAWARE RIVER AND BAY
AUTHORITY’S OPPOSITION TO MOTION TO AMEND OR FOR REARGUMENT
1. DRBA failed to renew its Motion
In plaintiff s Opposition to DRBA’s Motion for Judgment N.O.V. two preliminary issues
were raised: (1) More than 10 days had elapsed since the Judgment was entered and (2) DRBA
failed to renew its Motion according to counsel’s recollection (pp. 1, 2 11] 1, 2). In its Reply,
DRBA answered the contention that the Motion was untimely, but it said nothing about the
failure to renew. Accordingly, plaintiff thought it was uncontested.
Since DRBA was the moving party, it was obligated to have the record transcribed. It
obviously did not, so plaintiff has ordered a transcript of the proceedings after all of the evidence
had been presented up to the break before the charge conference. That transcript is more
authoritative and certainly more accurate than the sworn Affidavit submitted to the Court.

Case 1 :04-cv-00911-GIVIS Document 183 Filed 07/28/2006 Page 2 of 3
2. Conclusion
Plaintiff maintains that DRBA failed to fulhll the requirements of Rule 50(b), and the
Court was without jurisdiction to entertain the Motion for Judgment N.O.V.
DRBA’s other contentions concerning a new trial are frivolous.
Respectfully submitted,
SEITZ, VAN OGTROP & GREEN, P.A.
/s/ Bemard A. Van Ogtgop
BERNARD A. VAN OGTROP, ESQ. (447)
[email protected]_qm
222 Delaware Avenue, Suite 1500
P.O. Box 68
_ Wilmington, DE 19899
(302) 888-0600
Attorneys for Plaintiffs
OF COUNSEL:
E. Alfred Smith, Esquire
E. Alfred Smith & Associates
1333 Race Street, Second Floor
Philadelphia, PA 19107
Dated: July 28, 2006

Case 1 :04-cv-00911-GIVIS Document 183 Filed 07/28/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 28, 2006, I electronically filed with the Clerk of the
Court Plaintiffs’ Reply to Defendant Delaware River and Bay Authority’s Opposition to
Motion to Amend or for Reargument by using CM/ECF which will send notification of such
tiling to counsel of record.
/s/ Bernard A. Van Ogtrgg
BERNARD A. VAN OGTROP, ESQ. (447)
[email protected]