Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00943-KAJ Document 25 Filed O3/14/2005 Paget 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DINO G. PETROCELLI, )
)
Plaintiff )
)
vs. )
) Case No. 04·-CV—943—KAl
CHRYSLER. CORPORATION, MOPAR )
DIVISION, )
)
Defendant. )
DAIMLERCHRYSLER CORPORATTOIWS RESPONSE
TO PLAINTIFFS MOTION TO STRIKE
COMES NOW DaimlerChrysler Corporation, by and through its
undersigned attorneys, and provides the following response to Plaintiffs Motion to
Strike. Dai1nlerClu·ysler states:
l. In the motion at issue, which is captioned "Motion to Strike,"
Plaintiff requests that this Court strike the Pro Hoc Vice Applications of William C.
Marttxcci and Kristen A. Page, who are counsel for DaimlerChrysler Corporation.
Plaintiff argues in support of his motion that the Pm Hac Vice Applications should be
stricken because DaimlerChrysler did not timely respond to his Complaint.
2. The Pro Hoc Vice Applications of Mr. Martucci and Ms. Page
have already been granted by this Court. See Docket Entries 18 and l9, The
Applications were made pursuant to Local Rule 83.5, and all ofthe requirements of the
Rule were inet in connection with the Applications.
3. Although not so captioned, it appears that Plaintiff s real
contention in his Motion to Strike is that the Court should have granted his Request to

Case 1:04-cv-00943-KAJ Document 25 Filed O3/14/2005 Page 2 of 4
Enter Default (Docket Entry 14), and should not have permitted DaimlerChrysler to enter
its appearance in this case and proceed in defending against Plaintiffs ciairnsi
4. DaimlerChrysler has already presented the Court with its
arguments in opposition to Plaintiffs Request to Enter Default and will not repeat them
here, except to again state that it has shown good cause for any failure on its part to
timely respond to Plaintiffs Complaint and that it now seeks to proceed in defending
against Plaintiffs claims. ,
WHEREFORE, for all of these reasons, DairnIerCl1rysler respecttiiity
requests that the Court deny Plaintiffs Motion to Strike, permit DaimlerChrysler to
proceed in defending against Plaintiffs claims, and grant any other relief the Court _
deems _just and proper.
POTTER ANDERSON & CORROON LLP g
2 ( it ·
By ,.icwoc/I'} Q .i J or E
Jfiennifer Gimler Brady (Del. .D. 2874)
Sarah E. DiLuzio (Del. LD" 4085) .
Hercules Plaza, Sixth Floor
13 I3 North Market Street
P.Oi Box 951 ·
Wilmington, DE 19899
(302) 984»6000
Attorrzeysfor DaimlerChrysler Corpomiion
I In this regard, Plaintiff also served DaimlerChrysler with a document captioned
"Motion to Appeal Decision (Pursuant to Rule 4.l),” but that document does not
appear on the Court’s docket sheet for this case. Therefore, DaimlerChrysler assumes
it was not fiied with the Court and that no response is required. To the extent the
document has been tiled with Court and a response is required, DBl1‘I`ll€I'Cl'1IySlBI“
states that it shouid be denied for the reasons set forth in its Response to Plaintiffs
Request to Enter Default (Docket Entry 15).
2

Case 1:04-cv-00943-KAJ Document 25 Filed O3/14/2005 Page 3 of 4
OF COUNSEL:
William C. Martucci, M0. #28237*
Kristen Aggeler Page, Mon #50852*
SHOOK, HARDY & BACON
2555 Grand Blvd.
Kansas City, Missouri 64108—2613
(816) 474~6550 — Telephone
(816) 421—5547 -» Facsimile
* Admitted Pm Hac Vice
Dated: March 14, 2005
PA&C—673813v1
3

Case 1:04-cv-00943-KAJ Document 25 Filed O3/14/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Sarah E. Diiiuzio, hereby certify this 14m day of March, 2005, that two
(2) true and correct copies of the foregoing DAIMLERCHRYSLER
CORPORA'I`ION’S RESPONSE TO PLAINTIFF’S MOTION TO STRIKE were
served in the manner indicated on the following:
FIRST CLASS U.S. MAIL POSTAGE PREPAID
Dino G. Petrocelii
129 Emery Court
Newark, DE 19711
a.»»r1»l·‘i 2 . QJ ](»t.·t,{3.»} S4!
_//Sarah E. DiLuzi0 (#4085)
Potter Anderson & Corroon LLP
Hercules Plaza, Sixth Floor
1313 North Market Street
Wilmington, Delaware 19899-0951
(302) 984-6000 —— Telephone
(302) 658-1192 — Facsimile
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