Free Response to Motion - District Court of Delaware - Delaware

Case 1 :07-cv-00178-GIVIS Document 51 Filed 10/29/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DEUTSCHER TENNIS BUND (GERMAN :
TENNIS FEDERATION) and ROTHEMBAUM :
SPORTS GMBH : Civil Action No. 07-178 (GMS)
TENNIS [sic], :
Piamurrs, 2
- against -
ATP TOUR, INC., JOHN DOE 1, JOHN DOE 2
JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, :
JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, and :
JOHN DOE 9, :
Defendants. :
. RESPONSE OF ATP TO
PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT
Defendant ATP Tour, Inc. ("ATP") hereby submits its response to the Plaintiffs’ Motion
for Leave to Amend the Complaint in this action.
l. Among other things, the proposed Amended Complaint would (a) add the Qatar
Tennis Federation ("QTF") as an additional plaintiff, (b) add certain ATP directors as additional
defendants, and (0) add a new cause of action for alleged "conversion." With respect to the QTF,
the Amended Complaint alleges a new claim for alleged injury to the Qatar ExxonMobil Open
currently operated by the QTF, as well as alleged injury to the QTF’s 25% interest in the
Hamburg Toumament.
2. ATP does not concede that Plaintiffs’ proposed new allegations and claims have any
factual or legal merit. Nor does the ATP agree, among other things, with Plaintiffs’ self—se1ving
and unsupported characterizations of the “facts" set forth in the Amended Complaint or the

Case 1 :07-cv-00178-GIVIS Document 51 Filed 10/29/2007 Page 2 of 2
motion papers, or with their purported bases to now add ATP’s Directors as defendants in this
action.
3. These matters need not be resolved at the present time, however. ATP does not
oppose Plaintiffs’ request for leave to amend, provided that Plaintiffs (including the QTF as a
new Plaintiff) adhere to the representations in their motion that they will promptly provide
discovery with respect to the new allegations and claims (including with respect to the Qatar
ExxonMobil Open and Plaintiffs’ new claim of "conversion") and that Plaintiffs will not use this
amendment to delay the timetable for Defendants’ anticipated motion for summary judgment or
any trial of any issues (if all claims are not disposed of on summary judgment).
ASHBY & GEDDES
/s/ Carolyn S. Hake (#3839)
Lawrence C. Ashby (#468)
Philip Trainer, Jr. (#2788)
Carolyn S. Hake (#3839)
500 Delaware Avenue, 8th Floor
P. O. Box 1 150
Wilmington, DE 19899
(302) 654-1888
1ashby@ashby—geddes.com
[email protected]
chake@ashby-geddescom
OF COUNSEL:
Bradley I. Ruskin
Jennifer R. Scullion
Proskauer Rose LLP
1585 Broadway
New York, NY 10036
Attorneys for AT P Tour, Inc., et al.
Dated: October 29, 2007
185394.1
2