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

Case 1:04-cv—00407-G|\/IS Document 66 Filed 03/15/2007 Page1 of2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re Civil Action No. O4-407 (GMS)
BROADBAND OFFICE, INC., Bankruptcy Case No. 01-172 (GMS)
Debtor. Chapter ll
BROADBAND OFFICE, INC.,
Plaintiff,
vs.
TECHNOLOGY CREDIT CORPORATIO
d/b/a EXTREME NETWORKS CREDIT
CORPORATION, EXTREME NETWORKS,
INC., and KEY EQUIPMENT FINANCE,
INC. f/k/a KEY CORPORATE CAPITAL,
INC. f/k/a LEASTEC CORPORATION
Defendants.
DEFENDANT EXTREME NETWORKS, INC.'S
MOTION FOR SUMMARY JUDGMENT
Defendant Extreme Networks, Inc. ("Extreme Networks"), by this motion (the "Motion
for Summary Judgment"), seeks the entry of an Order of this Court granting summary judgment
in its favor, under and pursuant to Rule 56 of the Federal Rules of Procedure (the "Federa1
Rules"), and dismissing, with prejudice, any and all claims asserted against it by plaintiff
Broadband Office, Inc. ("Broadband").
This Motion for Summary Judgment is presented with and supported by the Opening
Brief in Support of Defendant Extreme Network, Inc.’s Motion for Summary Judgment, the
Affidavit of Ricardo Palacio in Support of Defendant Extreme Networks, Inc.’s Motion for
Summary Judgment, the Appendix of Evidence in Support of Defendant Extreme Networks,
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Case 1:04-cv—00407-G|\/IS Document 66 Filed 03/15/2007 Page 2 of 2
1nc.’s Motion for Summary Judgment, each filed concurrently herewith, and the relevant papers
and pleadings on file with the Court in this matter.
WHEREFORE, Extreme Networks respectfully requests that the Court: (i) grant
summary judgment in its favor, (i) dismiss the Amended Complaint, with prejudice, as against
Extreme Networks, and (iii) grant such other relief as the Court deems just and proper.
Dated: March 15, 2007 ASHBY & GEDDES, P.A.
S /Q/5
William P. Bowden (I.D. #2553)
Ricardo Palacio (1.D. #3765)
500 Delaware Avenue, 8th Floor
Wilmington, Delaware 19899
Telephone: (302) 654-1888
Facsimile: (302) 654-2067
—and-
WINSTON & STRAWN LLP
David A. Honig
Todd J. Dressel
101 California Street
San Francisco, California 94111
Telephone: (415) 591-1000
Facsimile: (415) 591-1400
C0—C0unsel for Defendant Extreme Networks, Inc.
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Document 66

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Case 1:04-cv-00407-GMS

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