Free Motion to Withdraw - District Court of Delaware - Delaware

’-·—·. Case 1 :04-cv-00163-GIVIS Document 366 Filed 10/24/2007 Page 1 of 2
` E
if IN THE UNITED STATES DISTRICT COURT
1* FOR THE DISTRICT OF DELAWARE
A__‘. DONALD M. DURKIN CONTRACTING, E
E; INC., Plaintw E
-. t {
ik vs. I
CITY OF NEWARK, et al., Defendants CASE NO. 04-0163-GMS
and E
i CITY OF NEWARK, T hird-Party Plaintw E
E _ :
` vs. I
I
Q-l DONALD M. DURKIN CONTRACTIN G, i
FEDERAL INSURANCE COMPANY and E
URS CORPORATION, Third-Party {
Defendants I
MOTION OF ST. PAUL FIRE & MARINE INSURANCE
` · COMPANY TO VVITHDRAW AS INTERVENOR
l. On September 13, 2006, St. Paul Fire & Marine Insrirance Company ("St. Paul")
li tiled its Motion to Intervene (D.I. #242).
g 2. As set forth in the Motion, St. Paul did not seek to intervene to participate in the
trial, but only to intervene to the extent necessary to participate in the preparation ofthe Jury
n Verdict Form.
_;· 3. By Order dated September 18, 2006, this Court granted the Motion to Intervene
"solely for the purpose of submitting request to be including in the Jury Verdict Form and
.= participate in any conference related thereto" (D.I. 243).
_ 4. As a result of changes in the strategies ofthe parties in the litigation, St. Paul was
not called to participate in the Jury Instruction conferences in order to submit the J ury
-· Instructions which it deemed necessary to "request an allocation of damages that will allow the
P- parties to more readily address the coverage issues after the trial." n
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X Case 1 :04-cv-00163-Gl\/IS Document 366 Filed 10/24/2007 Page 2 of 2
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-1; 5. Extensive post—tria1 briefing has been undertaken by the parties, this Court has
entered an Order addressing many of the issues in the post-trial motions and has requested
_- further post-trial briefing on limited areas.
ti 6. None of the post—trial motions, post-trial briefs nor the Order of this Court have
considered, or even touched upon the issues which led St. Paul to file its Motion to intervene.
7. St. Paul has not participated in any of the post-trial proceedings before this Court
and wishes to withdraw as an Intervenor.
Ll
WHEREFORE, St. Pau1Fire & Marine Insurance Company respectfully requests that it
be permitted to withdraw as an Intervenor in this matter.
l
Q 5 Respectfully submitted,
RAWLE & HENDERSON, LLP
. i /s/ William J. Cattie, III #953
William J`. Cattie, III, Esq.
_ I. D. No. 953
[ 300 Delaware Avenue, Suite 1015
_ P. O. Box 588
J Wilmington, DE 19899-0588
(302) 7784200
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Case 1:04-cv-00163-GMS

Document 366

Filed 10/24/2007

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Case 1:04-cv-00163-GMS

Document 366

Filed 10/24/2007

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