Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv—00582-GIVIS Document 70 Filed 08/24/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
) Chapter ll
INACOM CORP., g al., )
) Case No. 00-2426 (PJW)
Debtors. )

)
INACOM CORP., on behalf of affiliated )
Debtors, ) Civil Action No. 04-5 82-G S
) Adv. No. 02-3499
Plaintiff )
)
v. )
)
DELL COMPUTER CORPORATION, g Q,)
)
Defendants. )

REPLY OF PLAINTIFF, INACOM CORPORATION, TO DELL, INC.’S
MOTION FOR LEAVE TO FILE AN SWERING BRIEFS
Plaintiff, Debtors, InaCom Corporation and affiliates, through Executiv Sounding Board
Associates, Inc., Plan Administrator ("Plaintiff’) tiles this reply to Defen ant, Dell, Inc.’s
Motion for Leave to File Answering Briefs to Plaintiff s Motions in Limine (the "Motion for
Leave"), and in support thereof states as follows:
1. On August l5, 2005, Plaintiff Inacom Corporation, filed the foll wing motions in
limine inthe Dell adversary proceeding — Motion to Exclude Expert Testimony of John LaQRocca
and Motion to Exclude Expert Testimony of Stephen H. Thomas. On the same date, Dell filed a
Motion to Exclude the Expert Testimony and Report of Dean Vomero and Joint Motion to
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Case 1:04-cv—00582-G|\/IS Document 70 Filed 08/24/2005 Page 2 of 4
Exclude the Expert Testimony of Stuart A. Golin (also tiled in Civil Action N s. — 04-148, 04-
583 and 04-593).
2. On August 19, 2005, InaCom filed in this adversary proceeding its Joinder in the
Motion to Exclude Cumulative Expert Testimony Regarding Insolvency, th original motion
having been filed by InaCom on August 15, 2005 in the adversary proceedings against Lexmark
International, Inc., Tech Data Corp. and Ingram Entertainment (Civil Action os. 04-583, O4-
148, and 04-593, respectively).
3. Defendant’s Motion for Leave seeks authority to file answers to the foregoing
motions in limine filed by Plaintiff under Rule 7.1.2 of the Local Rules for he United States
District Court for the District of Delaware.
4. Counsel for Plaintiff has consulted with attorney, G. James La don, counsel for
Dell, Inc. and, pursuant to Local Rule 7.1.1, hereby certifies that counsel h s agreed that all
responsive briefs with respect to the aforementioned motions will be filed by Plaintiff and
Defendant on the same date, August 29, 2005, in accordance with Local Rule 7 1.2 and Rule 6 of
the Federal Rules of Civil Procedure}
‘ In its Motion, Dell sought leave to file its Answering Brief to the Solvency Expert otion in Limine on
September 2, 2005. Dell has represented to Plaintiffs counsel its agreement to file the a swering brief to this
motion in limine by August 29"‘ as well.
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Case 1:04-cv—00582-G|\/IS Document 70 Filed 08/24/2005 Page 3 of 4
5. In light of the Plaintiffs and Defendant’s agreement to coordin e the answering
dates so that they coincide for all of the aforementioned motions for both he Plaintiff and
Defendant, Inacom submits that Dell’s Motion for Leave is uncontested.
Date: August 24, 2005
Wilmington, Delaware
Respectfully Submitted,
if x / A
Bo e Glantz Fatell (I.D. o. 3809)
Elio Battista, Jr. (I.D. No. 3 14)
BLANK ROME LLP
1201 Market Street, Suite 8 0
Wilmington, DE 19801
Tel.: (302) 425-6400
Fax: (302) 425-6464
V Attorneys for Executive Sou ding Board
Associates, Inc., Plan Admi istrator
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Case 1 :04-cv—00582-GIVIS Document 70 Filed 08/24/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Elia Battista, Jr., do hereby certify that I am not less than 18 years of e, and that on
August 24, 2005, I caused service of the attached Reply of Plaintwf Inacom Cori eration, to
Dell Inc. ’s Motion for Leave to File Answering Briefs to be made on the parties isted below in
the manner indicated.
Under penalty of perjury, I declare that the foregoing is true and correct.
Elio Battista, Jr.
BY HAND DELIVERY
Patricia P. McGonigle, Esquire
Seitz Van Ogtrop & Green, P.A.
222 Delaware Avenue, Suite 1500
Wilmington, DE 19801
Laura Davis Jones, Esquire
Pachulski Stang Ziehl Young Jones & Weintraub P.C.
919 North Market Street
Suite 1600
Wilmington, DE 19899
BY FIRST CLASS MAIL
Sabrina L. Streusand, Esquire
Hughes Luce LLP
111 Congress Avenue, Suite 900
Austin, TX 78701
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