Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 72 Filed 06/23/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS )
LLC, ) CIVIL ACTION NO. 04-1258-SLR
Plaintiff, )
)
v. g
THE TRIZETTO GROUP, INC. S
Defendant. I
)
PLAlNTIFF’S MOTION TO FILE ADDITIONAL BRIEFING PURSUANT TO
LOCAL RULE ’7.I.2(c)
Pursuant to Local Rule 7.l.2(c), plaintiff McKesson Information Solutions LLC
("McKesson"), by and through its attorneys, respectfully moves for leave to file the
surreply, which is attached hereto as Exhibit 1, in opposition to Blue Cross Blue Shield of
Michigan’s ("BCBSM") Motion for Protective Order. (DI. 62)
Good cause exists to allow Mcliesson to tile the attached surreply for the limited
purpose of correcting certain inaccuracies in BCBSM°s reply brief in support of its
Motion for Protective Order. (D.I. 71) In particular, BCBSM misstates numerous facts
concerning the substance of McKesson’s proposal for resolving BCBSM’s document
production in response to the subpoena issued to it in this case. BCBSM’s misstatements
are not supported by affidavit or other evidence, and contradict the evidence of record
and other evidence submitted with McKesson’s attached surreply. Because these
misstatements were made for the first time in BCBSM’s reply brief] Mcliesson could not
have corrected these inaccuracies in its opposition.
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Case 1:04-cv-01258-SLR Document 72 Filed 06/23/2005 Page 2 ot 2
On June 22, 2005, l\/IcKesson’s counsel contacted BCBSM’s counsel to discuss
its position regarding the tiling of this motion. McKesson’s counsel has not received a
response.
For the reasons set forth above, McKesson requests that the Court grant this
motion and allow McKesson to tile the surreply attached as Exhibit 1 hereto.
Dated: June 23, 2005 1
By: Q at J1 ,»i -``' {
Thomas J. Allingham II (#0476)
Michael A. Barlow (#3928)
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
One Rodney Square
P.O. Box 636
Wilmington, Delaware 19899
(302) 6518000
OF COUNSEL:
Jeffrey G. Randall
David W. Hansen
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
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