Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01275-KAJ

Document 52

Filed 06/24/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DON'S HYDRAULICS, INC. Plaintiff, v. COLONY INSURANCE COMPANY, TRUCK TECH INDUSTRIES, INC., and TIPCO TECHNOLOGIES, INC. Defendants : : : : : : : : : : :

Civil Action No.: 04-1275 (KAJ)

DEFENDANT, TIPCO TECHNOLOGIES, INC.'S RESPONSE TO CROSS-MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF, DON'S HYDRAULICS, INC. AND IN OPPOSITION TO DEFENDANT, COLONY INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT Defendant, Tipco Technologies, Inc. ("Tipco"), by and through its undersigned counsel, hereby responds to plaintiff, Don Hydraulics Inc.'s Cross Motion for Summary Judgment and opposes defendant, Colony Insurance Company's Motion for Summary Judgment, in that both summary judgment motions are premature, but, in the alternative, should plaintiff be adjudged entitled to any alleged damages, for which Tipco denies any entitlement or right to recovery against Tipco, that said damages are covered by plaintiff's insurance policy with Colony. The reasons therefore are more fully set forth in the accompanying Answering Brief. GOLDFEIN & JOSEPH /s/ Gary H. Kaplan Gary H. Kaplan ­ I.D. # 2965 222 Delaware Avenue, Suite 1110 P.O. Box 2206 Wilmington, DE 19899 (302) 656-3301 Attorney for Defendant Tipco Technologies, Inc.

Dated: June 24, 2005