Free Response to Order - District Court of Delaware - Delaware

Case 1:04-cv—00414-SLR Document 104 Filed 07/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
IN ANI) FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., NATHANIEL BRIDDELL, )
GEORGE W. FEDDIMAN, JOSEPH GARRISON, ) C. A. NO. 04-0414-SLR
LARRY E. GIBBS and ROY H. WALTERS, )
) IURY TRIAL DEMANDED
ALL SIMILARLY-SITUAT ED CURRENT AND )
FORMER EMLOYEES OF MOUNTAIRE ) COLLECTIVE ACTION
FARMS, INC., MOUNTAIRE FARMS OF )
DELMARVA, INC., and MOUNTAIRE FARMS )
OF DELAWARE, INC., )
)
Plaintiffs, )
) .
V- )
)
MOUNTAIRE FARMS, INC., )
MOUNTAIRE FARMS OF DELMARVA, INC., )
and MOUNT AIRE FARMS OF )
DELAWARE, INC., all Delaware corporations, )
)
Defendants. )
PLAINTIFFS’ REPLY TO MOUNTAIRE’S RESPONSE
AS REQ QUESTED IN ORDER OF JULY 3, 2008
Plaintiffs respectihlly submit that Mountaire’s Response failed to address key issues
raised in the Court’s Order of July 3, 2008 for the following reasons:
1. Mountaire’s Response does not address the threat that Mr. Brewer made to
undersigned counsel wherein he questioned undersigned counsel as to whether undersigned
counsel was "prepared for the consequences?
2. Cher Vink ("Ms. Vink") testified at trial on Monday, June 23, 2008 in the
morning only. Mountaire’s Response is misleading when it said that Ms. Vink was “subpoenaed
to appear in a trial in Wisconsin starting Monday, June 23 at 1:00 p.m." Exhibit “l" to
Mountaire’s Response makes it elem that Ms. Vink was never served with a subpoena but rather
received a subpoena by mail.
l
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Case 1:04-cv—00414-SLR Document 104 Filed 07/16/2008 Page 2 of 3
3. There is no question that the mediation conference was cancelled by Judge
Thynge because of the letter from Mr. Brewer on June 19 advising that Ms. Vink was
unavailable. Mediation was cancelled approximately three hours following Mr. Brewer’s letter
` to Judge Thynge advising as to the unavailability of Ms. Vink.
1 4. The Court directed Mr. Brewer to address the use of a "fa1sehood in order to
thwart the good faith efforts of plaintiffs to settle this 1itigation." Instead, Mountaire’s Response
was focused upon its position that this case 08.11 not be settled without inviting future litigation by
the same employees on the same basis. Mountaire’s Response did not consider the good faith
efforts of Plaintiffs to settle this litigation.
VVHEREFORE, Plaintiffs request that sanctions be imposed upon Mthur M. Brewer,
Esquire for the reasons set forth herein and for the reasons set forth in Plaintiffs’ Motion to
Revoke Arthur M. B1·ewer’s Pro Hac Vice Admission.
MARTIN & WILSON, P.A.
__..- I ill "i-it
,..- - · _ _ _
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` F ‘ I . · ' TIN, ESQUIRE (#2407)
TIMOTHY J. WILSON, ESQUIRE (#4323)
1508 Pennsylvania Ave
Wilmington, DE 19806
(302) 777-4681 .
[email protected]
[email protected]
Attorneys for Plaintyf (
DATED: Q 1 J;} lj gg
s
1
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Case 1:04-cv—00414-SLR Document 104 Filed 07/16/2008 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this day of July, 2008, a copy of the foregoing
Plaintiffs’ Reply to Mountaire’s Response as Requested in Order of July 3, 2008, was served on
the following individuals:
Arthur M. Brewer, Esquire
Laura Pierson Scheinherg, Esquire
Shawe & Rosenthal, LLP
Sun Life Building, lim Floor
20 South Charles Street
Baltimore, MD 21201
-— " ’ T ` K. ARTIN, ESQUIRE (#2407)
i
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