Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv—0091 1—GI\/IS Document 182 Filed 07/28/2006 Page 1 of 3
HNI THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN KOPACZ, et al., )
) C.A. No. 04-911 (GMS)
Plaintiffs, ) (Consolidated with C.A. No. 04-1281 GMS)
)
v.- )
)
DELAWARE RIVER AND BAY )
AUTHORITY and CRAIG SWETT )
)
Defendants )

PLAINTIFFS’ REPLY TO DEFENDAN T DELAWARE RIVER AND BAY
AUTHORITY’S OPPOSITION TO PLAINTIFFS’ FOURTH SUPPLEMENTAL
PETITION FOR COUNSEL FEES AND EXPENSES
DRBA contests Plaintiffs’ Petition on the basis of this Court’s decision on DRBA’s
Motion for Judgment N.O.V., which the Court did not have jurisdiction to render.
Furthermore, DRBA complains about the size of the fees. As explained in the initial
Petition, plaintiff tried to have the maintenance suit in New Jersey moved along quickly and
economically. This was totally frustrated by DRBA, which then went off on a vast discovery
hunt which caused plaintiff to spend an inordinate amount of time. The record shows that the
size of the fee was caused by DRBA’s efforts, and DRBA has never really disputed this.
Plaintiff contends it is irrelevant that DRBA paid the maintenance. The time was spent
on the maintenance case, which had to be started because of DRBA’s unreasonableness and
intransigence.

Case 1 :04-cv-00911-GIVIS Document 182 Filed 07/28/2006 Page 2 of 3
CONCLUSION
For the foregoing reasons the Petition should be granted since plaintiff is still being
required to spend time on the maintenance case alone.
Respectfully submitted,
SEITZ, VAN OGTROP & GREEN, P.A.
/s/ Bemard A. Van Ogtrop
BERNARD A. VAN OGTROP, ESQ. (447)
[email protected]
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
(302) 888-0600
Attorneys for Plaintiffs
OF COUNSEL:
E. Alfred Smith, Esquire
E. Alfred Smith & Associates
1333 Race Street, Second Floor
Philadelphia, PA 19107
Dated: July 28, 2006

Case 1 :04-cv-00911-GIVIS Document 182 Filed 07/28/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 28, 2006, I electronically filed with the Clerk of the
Court Plaintiffs’ Reply to Defendant Delaware River and Bay Authority’s Opposition to
Plaintifi`s’ Fourth Supplemental Petition for Counsel Fees and Expenses by using CM/ECF
which will send notification of such tiling to counsel of record.
/s/ Bemard A. Van Oggop
BERNARD A. VAN OGTROP, ESQ. (447)
[email protected]_qm