Free Response to Order - District Court of Delaware - Delaware

Case 1:04-cv-01420-JJF

Document 8-2

Filed 11/21/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ALL-SPAN INC. : : Plaintiff : : vs. : : UNITED STATES OF AMERICA. : DEPARTMENT OF HOMELAND SECURITY, : C&F CONSTRUCTION INDUSTRIES CORP. : and CUMBERLAND CASUALTY & SURETY CO: Defendants :

No. 04-CV-1420

RESPONSE OF PLAINTIFF'S COUNSEL TO ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE TERMINATED FOR LACK OF PROSECUTION I, Robert D. Ardizzi, Esquire hereby depose and say as follows: 1. 2. I am the attorney for record for the Plaintiff in this matter. This case involves a claim by Plaintiff for materials supplied to a federal

construction project. 3. Defendant United States of America, Department of Homeland Security

was the "Owner" of the construction project. Defendant C&F Construction Industries Corp. was the general contractor for the project and the party to whom Plaintiff furnished the aforementioned materials. Defendant Cumberland Casualty & Surety Company was the surety company for Defendant C&F Construction for the project. 4. Plaintiff was not able to effect service on the United States of America,

Department of Homeland Security and the case will be voluntarily dismissed as to that defendant.

Case 1:04-cv-01420-JJF

Document 8-2

Filed 11/21/2005

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5.

Defendant C & F Construction was served with the Summons and

Complaint and Plaintiff intends to file for a default judgment against defendant C&F immediately. 6. On November 21, 2005, Plaintiff learned for the first time that Defendant

Cumberland Casualty had been placed in receivership in Florida. Based upon this information, Plaintiff cannot continue to prosecute this case against Cumberland Casualty and is attempting to resolve the issue amicably. 7. Plaintiff has been diligently attempting to resolve the issues with

Cumberland Casualty but it was not until today that Plaintiff became aware of the receivership and its implications in this matter. 8. Based on the foregoing, Plaintiff respectfully requests a fourteen-day

extension of time to resolve the issues relating to Defendant Cumberland Casualty and to enter a default judgment against Defendant C & F Construction . 9. If Plaintiff is successful with the above actions, there will be no further

need to litigate any issues in this matter. The default judgment will require execution proceedings but the remaining claims will be dismissed.

/s/ Robert D. Ardizzi ROBERT D. ARDIZZI, ESQUIRE DE Bar I.D. 3602 Davis, Bucco & Ardizzi 2 N. Colonial Avenue Elsmere, DE 19805 (302) 345-9808 Date: November 21, 2005