Free Motion for Attorney Fees - District Court of Delaware - Delaware

Case 1 :07-cv-00384-SLR Document 19 Filed 08/28/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANNY M. SKINNER, )
)
Plaintiff; ) C.A. 07-384 SLR
)
v. )
)
E.I. DU PONT DE NEMOURS AND COMPANY, )
a Delaware corporation; E.I. DU PONT DE )
NEMOURS AND COMPANY, Plan Administrator;)
PENSION AND RETIREMENT PLAN; TOTAL )
AND PERMANENT DISABILITY INCOME )
PLAN; and SHORT TERM DISABILITY PLAN, )
)
Defendants. )
DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS
Pursuant to 28 U.S.C. § 1927 and 29 U.S.C. § 1132 (g)(1), Defendants E. I. du Pont de
Nemours and Company, E. I. du Pont de Nemours and Company, Plan Administrator; Pension
And Retirement Plan; Total And Permanent Disability Income Plan; and Short Term Disability
Plan (collectively "DuPont" or "Defendants"), move for an award of attomeys’ fees and costs
incurred in the defense of this action. The grounds for this motion are:
a. the Plaintiff, Danny Skimier ("Skinner"), and his attorney brought and
thereafter continued to prosecute this lawsuit knowing that the claims raised in the suit
were barred by the applicable statute of limitation, having been so informed by this Court
in a prior ruling involving the identical parties;
b. Skinner and his attorney brought this lawsuit seeking prej udgment and
postjudgment interest without any proper basis for doing so and without any proper
investigation into the factual and legal bases for such remedy and knowing that there was
no underlying judgment on which to base any interest; and

Case 1:07-cv-00384-SLR Document 19 Filed 08/28/2008 Page 2 of 2
c. Skinner and his attorney brought this lawsuit seeking benefits under
DuPont’s Short Term Disability Plan without any proper basis for doing so and without
any proper investigation into the factual and legal bases for doing so, and knowing that
Skinner had in fact already received these benefits from DuPont nearly twenty years
earlier.
These actions caused the Defendants and the Court to expend significant time and
resources in defense of claims that were entirely without merit.
The complete grounds for this motion are set forth in Defendants’ opening brief in
support of this motion, filed contemporaneously herewith.
POTTER ANDERSON & CORROON LLP
··\,
By: E gz , ’L./~¤
jéatiileen Furey McDonough 95)
Sarah E. DiLuzio (#4085)
Michael B. Rush (#5061)
1313 North Market Street
Hercules Plaza, 6th Floor
Wilmington, DE 19801
(302) 984-6000 — Telephone
(302) 658-1192 - Facsimile
kmcdonoughgQ),_1gotteranderson.com - Email
[email protected] - Email
[email protected] - Email
Attorneys for Dejizndants
Dated: August 28, 2008
878306/ 20120-444

Case 1 :07-cv—00384-SLR Document 19-2 Filed 08/28/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANNY M. SKINNER, )
)
Plaintiff, ) C.A. 07-384 SLR
)
v. )
)
E.I. DU PONT DE NEMOURS AND COMPANY, )
a Delaware corporation; E.I. DU PONT DE )
NEMOURS AND COMPANY, Plan Administrator;)
PENSION AND RETIREMENT PLAN; TOTAL )
AND PERMANENT DISABILITY INCOME )
PLAN; and SHORT TERM DISABILITY PLAN, )
)
Defendants. )
ORDER
Defendants’ Motion for Att0meys’ Fees having been presented to and considered by the
Court;
IT IS HEREBY ORDERED this day of , 2008 that:
(1) Defendants’ Motion for Attorneys’ Fees is hereby GRANTED; and
(2) Plaintiff Danny M. Skinner and his counsel, John M. Stull, Esquire, are jointly
and severally liable to Defendants for their attorneys’ fees and expenses in connection with the
defense of this action in the amount of $12,763.07.
The Honorable Sue L. Robinson
United States District Court Judge

Case 1 :07-cv—00384-SLR Document 19-2 Filed 08/28/2008 Page 2 of 2
CERTIFICATE OF SERVICE
I, Sarah E. DiLuzio, hereby certify that on August 28, 2008, I electronically filed a true
and correct copy of the foregoing DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES
with the Clerk of the Court using CM/ECF which will send notification of such filing, which is
available for viewing and downloading from CM.ECF.
VIA CM/ECF NOTIFICATION
John M. Stull, Esquire
3 Mill Road
Suite 306A
Wilmington, DE 19806
/s/ Sarah E. DiLuzio
Sarah E. DiLuzio (#4085)
POTTER ANDERSON & CORROON LLP
1313 North Market Street
Hercules Plaza, 6th Floor
Wilmington, DE 19801
(302) 984-6000
E-mail: [email protected]
878306vl /20120-444