Free Response to Motion - District Court of Delaware - Delaware

Case 1 :06-cv-00029-SLR Document 42 Filed 12/14/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RIMMAX WHEELS, LLC, a Delaware
limited liability company,
Plaintiff,
v. C.A. No. 06-029 (SLR)
RC COMPONENTS, INC., a Kentucky
corporation,
Defendant.
DEFENDANT RC COMPONENTS, INC.’S RESPONSE TO
MOTION OF PLAINTIFF FOR EXTENSION OF TIME TO FILE
PLAINTIFF’S BRIEF IN OPPOSITION T0 DEFENDAN'I"S
MOTION FOR SUMMARY JUDGMENT |RE: D.I. 41|
Defendant RC Components, Inc. ("RC”), hereby files its Response to the Motion of
Plaintiff Rimmax Wheels, LLC for Extension of Time to File Plaintiffs Brief in Opposition to
Defendant’s Motion for Summary Judgment (D.I. 4l)(the "Motion") and respectfully submits as
follows:
By the Motion, Plaintiff requests an extension of time to file its brief in opposition to RC
Components, Inc.’s Motion for Summary Judgment (D,]. 37) (the "Summary Judgment Motion”)
from December 18, 2006,1 to December 29, 2006. Plaintiff states in the Motion that its counsel
attempted to reach agreement on an extension with cotmsel for RC but that RC opposed the
l RC notes that, pursuant to the Local Rules, Plaintiffs deadline to file a brief in
opposition to the Summary Judgment Motion is December 15, 2006, not December 18,
2006. Sg Local Rule 7.l.2(2).

Case 1:06-cv-00029-SLR Document 42 Filed 12/14/2006 Page 2 013
request. Thus, the Motion requests an extension and further states that Plaintiff is aware that the
extension would result in the loss of the trial dates currently scheduled for March 12-16, 2007.
RC files this Response to state that counsel for RC does not "oppose" Plaintiffs request
for an extension. On December 12, 2006, counsel for Plaintiff requested the extension. RC’s
cotmsel stated that he did not oppose the extension if it did not result in a postponement of the
trial dates. RC’s counsel suggested that Plaintiffs counsel check with the Court’s staff to
determine how this result might be avoided under the present circumstances. On December 13,
2006, counsel for Plaintiff contacted counsel for RC and stated that he had communicated with
the Court’s staff regarding obtaining relief from the Court’s rule posted on its website about
losing trial dates (the "Rule") and that he was told to file a stipulation asking for such relief.
During this phone call, counsel for RC agreed to the extension and was told by cotmsel for
Plaintiff that he would be preparing, serving and filing a stipu1ation.2 Notwithstanding this
agreement, Plaintiff filed the Motion stating that cotmsel for RC "opposed" its request and
requested the extension regardless of the fact that it would result in the loss of the parties’ trial
dates.
RC has no objection to Plaintiff being granted an extension to file an opposition to the
Summary Judgment Motion and asks only that 1) the parties be granted relief from the Rule upon
2 This agreement also granted RC a seven day extension to file its reply brief, if necessary
because, although RC is able to file a reply brief on the deadline provided by the Local
Rules (December 27, 2006), counsel for RC is traveling during the first week of January.
Thus, if the Court grants Plaintiff an extension, RC’s deadline to file a reply would fall
during this week. Accordingly, if the Court is inclined to extend Plaintiff" s deadline to
file a response to the Stunmary Judgment Motion, RC requests that it be provided a five
day extension to file its reply brief, making its deadline to file a reply January 12, 2007.

Case 1:06-cv-00029-SLR Document 42 Filed 12/14/2006 Page 3 of 3
the granting of such an extension; and 2) RC is granted a tive day extension to tile its reply brief,
if necessary.3
Dated: December 14, 2006 MO I ·-»- TUNNELL LLP
JM}
illiam H. de l, Jr. ' o. 463
Curtis S. M` Ier (No. 6258)
1201 N. M ket Street -
Wilmington., DE 19899-1347
Phone: (302) 658-9200
Facsimile: (302) 658-3989
Attorneys for Defendant,
RC Components, Inc.
3 RC’s reply brief would be due on January 3, 2007, when counsel for RC expects to be out
of town.