Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-01452-JJF Document 51 Filed O3/16/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
E. I. DUPONT DE NEMOURS )
AND COMPANY, )
Plaintiff, l
v. l C.A. No. 04-1452 (JJF)
GREAT LAKES CHEMECAL l
CORPORATION, )
Defendant. l
PLAINTIFF DUPONT’S OPPOSITION TO DEFENDANT
GREAT LAKES’ MOTION FOR EXTENSION OF TIME
Platntit`f`E. I. du Pont de Nemours and Company ("DuPont") opposes defendant
Great Lakes Chemical Corporation’s ("C1reat Lakes?) Motion for Extension of Time (D1.
50) for the following reasons:
1. The Complaint in this action was filed in November 2004. Since that time
Great Lakes has sought and DuPont has agreed to four stipulated extensions of time (Di.
8, 19, 30, 31) for various docket items. This week, on March E5, 2006, Great Lakes
approached DuPont regarding yet another request for an extension of time.
2. This time the request related to Great Lakes’ reply on its Motion for Leave
to File an Early Summary Judgment Motion (DI. 46), which was due on March 16, 2006.
Despite grave reservations about agreeing to yet another extension of time, DuPont
agreed to give Great Lakes until March 20, 2006 for its reply.
3. Throughout the parties’ discussions Great Lakes’ stated reason for
requesting the extension was that trial counsel was traveling. This reason is surprising
for a few reasons. Certainly not everyone on the Great Lakes outside counsel team will

Case 1 :04-cv-01452-JJF Document 51 Filed O3/16/2006 Page 2 of 4
be traveling. More significantly, the brief schedule and the traveling "conrlict” are Great
La.kes’ own making.
4. Counsel for Great Lakes could have tiled their motion for leave gt__a,n_wy
Qgngwez they chose February 23, 2006. By choosing February 23m, and knowing the local
rules, counsel for Great Lakes obligated themselves to tiling a reply on March 16m, In
essence, they dictated their own briefing schedule.
5. Notwithstanding the delay in moving this case forward, DuPont was
willing to agree to a short extension to help Great Lakes solve the problem of its own
making. DuPont’s generosity, however, did not satisfy Great Lakes. instead, this
litigation is being delayed yet again because of a simple reply on an issue of Great Lakes’
choosing.
6. Finally, Great Lakes’ attempt to muster support from the fact DuPont’s
answering brief on the motion for leave was served upon Great Lakes’ trial counsel by
Federai Express (see Exhibit A hereto) rather than by email is a non-starter, particularly,
where, as her, local counsel were served by hand on the day of tiling, which service
triggers the response date. See Ex. B hereto. Service on out of town counsel was not
required, and was a courtesy that should not be held against DuPont.
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Case 1 :04-cv-01452-JJF Document 51 Filed O3/16/2006 Page 3 of 4
WHEREFORE, For the foregoing reasons, DuPont respectfully requests that
Great Lakes’ Motion for an Extension of Time be denied.
Respectfully submitted,
POTTER ANDERSON & CORROON LLP
OF COUNSEL: By: /s/Dc1vfdE. Moore
Richard L, Horwitz (#2246)
Bruce D. Dellenzi David E, Moore (#3983)
.lohn T, Gallagher Hercules Plaza, 6"` Floor
MORGAN & FINNEGAN, L.L.P. 1313 North Market Street
3 World Financial Center Wilmington, Delaware 19801
New York, New York lG2Sl-2101 (302) 984~6000
(212) 41 5~8700 [email protected]
dmooreg@,;gotter·anderson.com
Dated: March 16, 2006
724039 / 20120-3 3 3 Attorneysfor Plr:imW
El du Pont de Nemours and Compcury
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Case 1 :04-cv-01452-JJF Document 51 Filed O3/16/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on March l6, 2006, the attached document
was hand delivered to the following and was electronically tiled with the Clerk ofthe
Court using CM/ECF which will send notitication of such filing(s) to the following and
the document is available for viewing and downloading from CMfECF:
Frederick L. Cottrell, Hi
Alyssa M, Schwartz
Richards Layton & Finger
One Rodney Square
P. O. Box 551
Wilmington, DE 19899
I hereby certify that on March 16, 2006, l have electronically mailed the
documents to the foliowing nomregistered participants:
Richard D. Harris
Brad R. Bertoglio
Greenberg Traurig LLP
77 W. Wacker Dr., Suite 2500
Chicago, IL 60601
harrisr@,gtiaw.com
bertogliob@,g,tlaw.com
By: /s/ David E. Moore
Richard L. Horwitz
David E, Moore
Hercules Plaza, 6m Floor
1313 N. Market Street
Wihnington, Delaware l9899»0951
(302) 984-6000
rhorwit2;@potterariderson.con1
dmoore@,goder·anderso11.com
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