Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00346-SLR

Document 44

Filed 03/05/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MECHANICAL INTEGRITY, INC., Defendant/Third Party Plaintiff, v. MIKE WALKER AND NDT EQUIPMENT SERVICES LTD., Third Party Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No.: 07-346 SLR JURY TRIAL DEMANDED

MECHANICAL INTEGRITY, INC.'S RESPONSE TO NDT EQUIPMENT SERVICES LTD. AND MIKE WALKER'S MOTION TO DISMISS THIRD PARTY COMPLAINT Mechanical Integrity, Inc. hereby moves for an Order denying NDT Equipment Services LTD. and Mike Walker's Motion to Dismiss the Third Party Complaint brought against them by Mechanical Integrity, Inc. The grounds for the DENIAL are set forth in Mechanical Integrity, Inc.'s Opening Brief in Response to NDT Equipment Services LTD. and Mike Walker's Motion to Dismiss the Third Party Complaint, contemporaneously filed with this response. REGER RIZZO & DARNALL LLP /s/ Louis J. Rizzo, Jr., Esquire Louis J. Rizzo, Jr., Esquire Delaware State Bar I.D. No. 3374 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant/Third Party Plaintiff Mechanical Integrity, Inc. Dated: March 5, 2008

Case 1:07-cv-00346-SLR

Document 44

Filed 03/05/2008

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MECHANICAL INTEGRITY, INC., Defendant/Third Party Plaintiff, v. MIKE WALKER AND NDT EQUIPMENT SERVICES LTD., Third Party Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 07-346 SLR JURY TRIAL DEMANDED

ORDER AND NOW, TO WIT this ________ day of ________________, 2008 having considered Third Party Defendants' Motion to Dismiss Third Party Complaint and Opening Brief in Support of Motion to Dismiss Third Party Complaint, and Defendant/Third Party Plaintiff Mechanical Integrity, Inc.'s Response thereto; IT IS HEREBY ORDERED that Third Party Defendant NDT Equipment Services, LTD and Mike Walker's Motion to Dismiss Third Party Complaint is DENIED. BY THE COURT:

THE HONORABLE SUE L. ROBINSON

Case 1:07-cv-00346-SLR

Document 44

Filed 03/05/2008

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. MECHANICAL INTEGRITY, INC., Defendant/Third Party Plaintiff, v. MIKE WALKER AND NDT EQUIPMENT SERVICES LTD., Third Party Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 07-346 SLR JURY TRIAL DEMANDED

CERTIFICATE OF SERVICE I, the undersigned, do hereby certify on this 5th day of March, 2008 that a true and correct copy of Mechanical Integrity Inc.'s Response to NDT Services Ltd. and Mike Walker's Motion to Dismiss Third Party Complaint has been served electronically and/or by first class mail, postage prepaid, to the following: Kathleen Furey McDonough, Esquire Sarah E. DiLuzio, Esquire Potter Anderson & Corroon LLP Hercules Plaza, 6th Floor 1313 N. Market Street P.O. Box 951 Wilmington, DE 19899 William J. Marsden, Jr., Esquire Brian M. Rostocki, Esquire Fish & Richardson P.C. 919 North Market Street P.O. Box 1114 Wilmington, DE 19899

REGER RIZZO & DARNALL LLP /s/ Louis J. Rizzo, Jr., Esquire Louis J. Rizzo, Jr., Esquire Delaware State Bar I.D. No. 3374 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Mechanical Integrity, Inc.

Dated: March 5, 2008