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Case 1 :06-cv-00769-SLR Document 19 Filed 07/10/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: QUINT US CORPORATION, etal. )
g C.A. No. 06-769 (SLR)
AvAYA mc. )
) Bankruptcy Case Nos. 00-01-00501
. Appellant, ) through 001 -005 03 (l\/[FW)
v. g Adv. 04-53074
KURT F. GWYNNE, Chapter ll Trustee, g l
Appellee. )
DEFENDANT-APPELLANT’S RESPONSE TO JUNE 26, 2007 FILIN GS OF TRUSTEE
Defendant-Appellant Avaya Inc. ("Avaya") respectfully submits this response to
the Response of the Chapter 11 Trustee to Avaya Inc’s Citation of Subsequent Authority @.1.
17) and to the Reply ofthe Chapter 11 Trustee in further support of his motion to file a sur-reply
with respect to Avaya’s appeal from an Order of the Bankruptcy Court (D.I. 18), both tiled on
June 26, 2007.
More than two weeks after Appellant Avaya tiled its properly-scheduled reply
brief, the Trustee tiled an unauthorized sur-reply. (D.I. 14.) Avaya tiled a response in
opposition, pointing out that there were no new issues which supported the tiling of sur-replies.
Evidently insistent on getting in the tinal word, the Trustee then used that opposition as
justification to make yet another filing. Moreover, rather than responding simply to Avaya's
points, the Trustee has submitted another brief on the merits. (D.l. 18.)
Avaya further notes that in response to its short and proper citation of In re
Hechinger Inv. C0. 0fDeZaware, Inc., ___ F.3d ___, 2007 WL 1630004 (3d Cir. June 7,
2007), as subsequent authority in accordance D,Del. LR 7. l .2(c) and with this Court’s posted

Case 1 :06-cv-00769-SLR Document 19 Filed 07/10/2007 Page 2 of 3
instructions, the Trustee has filed yet another briel] of 4 pages, which advances a series of
misleading statements and erroneous arguments to purportedly "distinguish" the Third Circuit's
l holding. (D.I. 17.)
Were Avaya to file a response to the latest additional unauthorized pleadings,
doubtless the Trustee would file yet an additional reply — and all this on the nonsubstantive issue
of whether a sur-reply should be permitted. Neither the Court nor judicial efficiency are
promoted by this disorganized fluny of` pleadings.
Still, as appellant, Avaya is entitled to the closing brief Accordingly, to bring an
end to this apparently endless briefing, Avaya will not further belabor the issue of whether the
U Trustee's unauthorized pleadings should be permitted to stand. lf the Court does allow any of
them to stand, however, Avaya respectfully requests that the Court designate which pleadings
will remain, and give Avaya a final opportunity to respond. As to those remaining pleadings, if
any, Avaya proposes to file a single short response which would address all such pleadings on
the merits — which Avaya has yet had the opportunity to do.
Dated: July 10, 2007
ROSENTTLALL, ONHAIT, & GODDESS, P.A.
BYZ &/
Jain (na. Bai N0. 630)
919 . arket Street
Wilmington DE 19801
(302) 656—443
j [email protected]
.. and ..
SIDLEY AUSTIN LLP
James D. Arden
787 Seventh Avenue
New York, New York 10019
(212) 839-5300
Attorneys for Defendant Avaya Inc.
`
NY1 6257527v.S

Case 1 :06-cv-00769-SLR Document 19 Filed 07/10/2007 Page 3 of 3
CERTIFICATE OF SERVICE
1, Jeffrey S. Goddess, hereby certify that on July 10, 2007, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECE which will send notification of such filing to
all registered participants. 1 further certify that I caused a copy of the foregoing document to be
served upon the following persons in the manner indicated:
First Class Mail First Class Mail ·
(Official Committee of Unsecured Creditors) Richard Schepacarter, Esquire
Christopher A. Ward, Esquire Office of the U.S. Trustee
The Bayard Firm 844 King Street, Room 2311
222 Delaware Avenue, Suite 900 Wilmington, DE 19801
Wilmington, DE 19899-5130
First Class Mail First Class Mail
(Official Committee of Equity Security Michael S. Etkin, Esquire
_ Holders) Ira M. Levee, Esquire
J. Mark Chevallier, Esquire Lowenstein Sandler PC
McGuire, Craddock & Strother, P.C. 65 Livington Avenue
Lincoln Plaza, Suite 3550 Roseland, NJ 07068
500 North Akard
_ Dallas, TX 75201
First Class Mail First Class Mail
(Official Committee of Equity Security (Official Committee of Equity Security
r Holders) Holders)
Thomas E. Biron, Esquire Bonnie Glantz Fatell, Esquire
Blank Rome LLP Blank Rome LLP
( One Logan Square 1201 Market Street #800
Philadelphia, PA 19103 Wilmington, DE 19801-4226
First Class Mail
Kimberly E.C. Lawson, Esquire
Reed Smith LLP
1201 Market Street #1500
Wilmington, DE 19801-1163
/s/Jeffrey S. Goddess A
Jeffrey S. Goddess (Del. Bar No. 630)
Jessica Zeldin (Del. Bar No. 3558)
j [email protected]
[email protected] `
(302) 656-4433