Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00379-JJF Document 14 Filed 12/07/2007 Page 1 of 2
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ANDRE G. BOUCHARD Dingcr D|A|_
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ABOUCHARD@BMF·LAW.COM
December 7, 2007
The Honorable Joseph J. Faman, Jr.
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Boyd v. United States Golf Association, C.A. No. 07-379-JJ F
Dear Judge Faman:
We represent the United States Golf Association ("USGA") in the above-
referenced action, in which plaintiff William Boyd asserts an antitrust claim against the
USGA arising out of its disapproval of a golf club design submitted by Mr. Boyd.
On October 29, 2007, the USGA filed a motion to dismiss this action along with a
supporting brief On November 16, 2007, Mr. Boyd filed an answering brief, which
contains additional allegations not included in his complaint. On November 29, 2007, the
USGA filed its reply brief and a Notice of Completion of Briefing, requesting oral
argument on its motion to dismiss pursuant to Local Rule 7.1.4.
On December 5, 2007, Mr. Boyd filed a sur-reply brief, which raises additional
allegations not contained either in his complaint or in his answering brief
Local Rule 7.1.2. prohibits the tiling of "additiona1 briefs, affidavits, or other
papers in support of or in opposition" to a motion other than opening, answering and
reply briefs except to bring to the Court’s attention "pertinent cases decided after a
party’s final brief is tiled or after oral argument." Mr. Boyd’s sur-reply brief does not
discuss any subsequent cases and constitutes a clear violation of Local Rule 7.1.2.
While we recognize that Mr. Boyd is appearing in this action pro se, as he has
done in nine other actions he has tiled in this Court within the past six months, we
respectfully submit that his sur-reply brief should be disregarded. Mr. Boyd has been
afforded ample opportunity to attempt to assert a claim against the USGA. Fair process
dictates that the USGA as well as the Court not be subjected to a constantly moving
target of allegations.
{EMF-w00v619s.}

Case 1:07-cv-00379-JJF Document 14 Filed 12/07/2007 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
December 7, 2007
Page 2
If Your Honor has any questions concerning the substance of the new allegations
in Mr. Boyd’s sur-reply brief, which the USGA submits are baseless, we would be
pleased to address them at oral argument should it be scheduled.
2}aQ""-...
ndre G. Bouchard
cc: Clerk of the Court (e-file)
Mr. William Boyd (U.S. Mail)
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