Case 1:04-cv-00956-GMS
Document 193
Filed 06/19/2006
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE B. KURT PRICE, et al., Plaintiff, v. L. AARON CHAFFINCH, et al., Defendants. : : : : : : : : :
C.A. No. 04-956-GMS (Consolidated with C.A. No. 04-1207-GMS)
DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW OR IN THE ALTERNATIVE, TO AMEND THE JUDGMENT OR FOR A NEW TRIAL
Defendants L. Aaron Chaffinch, Thomas F. MacLeish, David B. Mitchell, and the Division of State Police, Department of Safety and Homeland Security, State of Delaware, through their undersigned counsel, move (1) for judgment as a matter of law as to plaintiffs' claims under the First Amendment Free Speech and Petition Clauses in C.A. No. 04-956-GMS or, in the alternative, to amend the judgment; (2) for judgment as a matter of law as to plaintiff Foraker's defamation claim against defendant Chaffinch in C.A. No. 04-1207-GMS, and (3) for a new trial as to plaintiff Foraker's First Amendment retaliation claims set forth in C.A. No. 041207-GMS, as well as to all other matters not decided as a matter of law. The grounds for this Motion are set forth in the Opening Brief in Support of Defendant's Motion, which is filed separately.
Case 1:04-cv-00956-GMS
Document 193
Filed 06/19/2006
Page 2 of 2
Respectfully submitted,
Dated: June 19, 2006
/s/ Noel C. Burnham Noel C. Burnham (DE Bar No. 3483) Richard M. Donaldson (DE Bar No. 4367) Montgomery, McCracken, Walker & Rhoads, LLP 300 Delaware Avenue, Suite 750 Wilmington, DE 19801 Telephone: (302) 504-7840 Facsimile: (302) 504-7820 Edward T. Ellis (Admitted Pro Hac Vice) Robert J. Fitzgerald (Admitted Pro Hac Vice) Carmon M. Harvey (Admitted Pro Hac Vice) Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Philadelphia, PA 19109 (215) 772-1500 Counsel for Defendants L. Aaron Chaffinch, Thomas F. MacLeish, David B. Mitchell, and the Division of State Police, Department of Safety and Homeland Security, State of Delaware