Free Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-00617-SLR

Document 91

Filed 04/27/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

ROBERT E. BROWN and, SHIRLEY H. BROWN, h/w, Plaintiffs, v. INTERBAY FUNDING, LLC, and LEGRECA & QUINN REAL ESTATE SERVICES INC., Defendants.

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C. A. 04-617 SLR

JURY DEMANDED

MOTION TO STRIKE NOW COMES the Defendant Lagreca & Quinn Real Estate Services, Inc. (hereinafter "Lagreca & Quinn"), by and through its attorney, and hereby moves this Honorable Court to strike from the record Plaintiffs' filings D.I. No. 79, and D.I. No. 80, Plaintiffs' affidavits of complaints. In support of this motion the Defendant Lagreca & Quinn avers the following: 1. April 8, 2005, Plaintiffs filed documents which they entitled "Plaintiffs (sic) Affidavits of Complaints in Support of Motion for Summary Judgment." 2. These so-called "Affidavits" are not Affidavits at all, but rather are copies of Complaints which were filed with the Pennsylvania Department of State and Delaware Department of Administrative Services respectively. 3. Plaintiffs' so-called Affidavits are improper pleadings which fail to comply with any Federal Rule of Civil Procedure. 4. Plaintiffs' so-called Affidavits are Plaintiffs' blatant attempt to influence this Court, improperly reiterate the allegations of their District Court Complaint, and unduly prejudice Defendants.

Case 1:04-cv-00617-SLR

Document 91

Filed 04/27/2005

Page 2 of 4

5.

The documents and information contained in Plaintiffs' so-called Affidavits are redundant, immaterial and impertinent and should not be part of the record in this instant action.

6.

F.R.C.P. 12(f) allows this Court to strike from the record any redundant, immaterial and impertinent matter.

7.

On April 25, 2005, counsel for Lagreca & Quinn requested that Plaintiffs withdraw these improper pleadings. Plaintiffs responded by filing D.I. 89 and D.I. 90, addendums to the Affidavits at issue. A copy of the correspondence is attached hereto as Exhibit A.

8.

Plaintiffs are not prejudiced by having these copies of their State Complaints removed from the record of this District Court.

9.

Defendant Lagreca & Quinn is prejudiced by having these unfounded and redundant allegations as part of the record in this Court's proceedings.

WHEREFORE, the Defendant Lagreca & Quinn Real Estate Services, Inc. respectfully requests that this Court grant judgment in its favor and strike D.I. No. 79 and D.I. No. 80, Plaintiffs' "Affidavits," from the record.

REGER & RIZZO, LLP

s/s Carol J. Antoff Carol J. Antoff, Esquire Delaware State Bar I.D. No. 3601 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Legreca & Quinn

Case 1:04-cv-00617-SLR

Document 91

Filed 04/27/2005

Page 3 of 4

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

ROBERT E. BROWN and, SHIRLEY H. BROWN, h/w, Plaintiffs, v. INTERBAY FUNDING, LLC, and LEGRECA & QUINN REAL ESTATE SERVICES INC., Defendants.

) ) ) ) ) ) ) ) ) )

C. A. 04-617 SLR

JURY DEMANDED

CERTIFICATE OF SERVICE I, the undersigned, do hereby certify on this 27th day of April, 2005 that two true and correct copies of Defendant Lagreca & Quinn Real Estate Services, Inc. Motion to Strike have been served via first claim mail, postage prepaid, upon the following:

Robert E. Brown and Shirley H. Brown 1024 Walnut Street Wilmington, DE 19801 David L. Finger, Esquire One Commerce Center 1201 Orange Street Suite 725 Wilmington, DE 19801-1155

Sandra L. Brickel, Esquire Weiner Brodsky Sidman Kidder, P.C. 1300 19th Street, N.W. 5th Floor Washington, DC 20036

REGER & RIZZO, LLP

s/s Carol J. Antoff Carol J. Antoff, Esquire Delaware State Bar I.D. No. 3601 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 (302) 652-3611 Attorney for Defendant Lagreca & Quinn

Case 1:04-cv-00617-SLR

Document 91

Filed 04/27/2005

Page 4 of 4

UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

ROBERT E. BROWN and, SHIRLEY H. BROWN, h/w, Plaintiffs, v. INTERBAY FUNDING, LLC, and LEGRECA & QUINN REAL ESTATE SERVICES INC., Defendants.

) ) ) ) ) ) ) ) ) ) ORDER

C. A. 04-617 SLR

JURY DEMANDED

Now this

day of

, 2005, having heard Defendant Lagreca & Quinn's

Motion to Strike Plaintiffs' State Complaints from the record and any response thereto, it is hereby ORDERED and DECREED that D.I. No. 79 and D.I. No. 80 are stricken from the record.

J. Sue L. Robinson