Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cv-00060-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBERT D. CHRIST, ) ) Plaintiff, ) ) v. ) ) BRETT J. CORMICK and ELAN SUISSE ) INTERNATIONAL HOLDINGS (USA) ) LLC, ) ) Defendants. ) ____________________________________) ELAN SUISSE, LTD., ) ) Plaintiff, ) ) v. ) ) ROBERT D. CHRIST, ) ) Defendant. ) ____________________________________)

C.A. No. 06-275-GMS

C.A. No. 07-60-GMS

MOTION TO SUPPLEMENT THE RECORD Defendant Brett J. Cormick ("Cormick") hereby moves the Court to allow him to supplement his answering brief in opposition to the Motion for Judgment on the Pleadings filed by Robert D. Christ ("Christ") by submitting the declaration of Bruce B. Mujeyi, Esq. (attached hereto as Exhibit A). In support of this motion, Cormick states as follows: 1. On October 16, 2007, Christ filed a Motion for Judgment on the Pleadings. As part

of that motion, Christ submitted as an exhibit an affidavit dated September 6, 2006, which he claims to have submitted to the Zimbabwe police. Christ argues that (i) because Cormick refers to that affidavit in his counterclaim, the Court can consider it in connection with the Motion for Judgment

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on the Pleadings, and (ii) the fact that the affidavit is dated September 6, 2007 supposedly proves that Christ could not have been responsible for Cormick's arrest and torture, which occurred prior to that date, and so Cormick's claims under the Alien Tort Claims Act, false imprisonment/wrongful institution of legal proceedings and intentional infliction of emotional distress must fail. 2. Shocked at Christ's deception, Cormick submitted with his answering brief a

declaration in which he testified that the affidavit Christ has submitted to this Court is not the statement in question, along with facts showing that Christ in fact submitted an earlier statement to the Zimbabwe police which resulted in Cormick's detention. 3. Because of the importance of this issue, Cormick sought to obtain evidence from a

third party to corroborate his declaration. To that end, Cormick sought out Bruce B. Mujeyi, Esq., the Zimbabwe lawyer who assisted in freeing Cormick. However, due to difficulties in

communication and getting documents from Zimbabwe to Delaware, Cormick was not able to get Mr. Mujeyi's declaration to his Delaware counsel until now. 4. There is no prejudice to Christ is permitting the admission of Mr. Mujeyi's

declaration, as it does not add any new information, but merely provides independent corroboration of the information provided to the Court in Cormick's declaration that Christ provided a statement to the Zimbabwe police which resulted in Cormick's arrest, detention and torture. 5. In light of Christ's deliberate attempt to mislead the Court so as to obtain dismissal

of the claims against him, the interests of justice support allowing the record to be supplemented with Mr. Mujeyi's affidavit, so that the Court can determine the proper response to Christ's improper action.

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CONCLUSION WHEREFORE, for the foregoing reasons, Brett J. Cormick respectfully requests that the Court grant his Motion to Supplement the Record, and accept the declaration of Bruce B. Mujeyi, Esq.

Dated: November 7, 2007

Respectfully submitted,

/s/ David L. Finger David L. Finger (DE Bar ID #2556) Finger & Slanina, LLC One Commerce Center 1201 Orange Street, Suite 725 Wilmington, DE 19801-1155 (302) 884-6766 Attorney for Brett J. Cormick

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) BRETT J. CORMICK and ELAN SUISSE ) INTERNATIONAL HOLDINGS (USA) ) LLC, ) ) Defendants. ) ____________________________________) ELAN SUISSE, LTD., ) ) Plaintiff, ) ) v. ) ) ROBERT D. CHRIST, ) ) Defendant. ) ____________________________________) ROBERT D. CHRIST,

C.A. No. 06-275-GMS

C.A. No. 07-60-GMS

ORDER On this _____ day of ___________________, 200__, IT IS HEREBY ORDERED that the Motion of Brett J. Cormick to Supplement the Record with the declaration of Bruce B. Mujeyi, Esq., is GRANTED.

______________________________________ Sleet, J.

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