Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :04-cv-00419-JJF Document 65 Filed 02/21 /2006 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Cathy D. Brooks—McCollum CIVIL ACTION N O: 04-419 (JJF)
& On behalf of
Emerald Ridge Service Corporation Derivative Action JURY TRIAL REQ QUESTED
As a Director [ C D
PO Box 12166 $6*%%:%/
Wilmington, os 19850 F l L E D
(302) 52l—l241
(PLAINTIFF)
FEB 2 l 2006
vs.
COURT t
State Farm Insurance Company ¤i’s§s?0¥T0:?{l>TE LFWARE
(DEFENDANTS)
MOTION TO PAY COSTS TO DATE
Should this court refuse to rule upon Surmnary Judgment and bound State Farm to the decision ofthe
if lower Chancery Court For The State Of Delaware made against other parties Plaintiffs hereby petition this court
to award costs to date, since they would not be deemed Advancementof funds.
The Chancery Court For The State Of Delaware agreed that Plaintiff was indeed a Director ofthe
Emerald Ridge Service Corporation. The Supreme Court Of Delaware ruled in 396, 2004 (footnote 2), that at all
times relevant Plaintiff Brooks—McCollum herself was a Director. The arguments made by Defendants in these
proceedings and that ofthe others in the state proceedings was whether or not Plaintiff was a valid Director, and
that she did not take an undertaking that if it were ruled otherwise she would reimburse the funds advanced.
Since that is not an argument that can be made and the other parties did not appeal the decision of the- Supreme ·
Court of Delaware in 396, 2004, it is clear that Plaintiff was and has brought these proceedings a part of her role
as a Director of Emerald Ridge Service Corporation.
In light of this, and this court not ruling upon paying the indemnification pursuant the Corporations
insurance policy, Plaintiff respectfirlly asks that this court rule that Defendants pay costs expended to date, where
Plaintiffs will submit a fully copy of the costs to the court upon its' request. This cannot and does not in anyway
l

5 Case 1 :04-cv-00419-JJF Document 65 Filed 02/21 /2006 Page 2 of 4
change the lower courts ruling regarding advancement of funds, since the funds have been paid, and this would
merely be deemed payment of funds already expended.
Plaintiff further asks that this court set a schedule at which interval during proceeding defendant State
Farm should be required to reimburse Plaintiffs for funds surrounding any case associated with this case, should
the parties not be able to reach an amicable settlement between themselves.
Based on the foregoing reasons Plaintiifs is not and has not asked this court to rule upon advancement,
but to merely rule upon paying costs expended to date, and to set a schedule at what intervals in the proceedings
other costs expended should be reimbursed pursuant the State Farm Insurance Policy. Wherefore, it is Plaintiffs
belief that this would be some form of justice and not allows Defendants to hide behind their responsibility as an
insured.
Submitted,
- — 9. yfyy .

PO Box 12166
Wilmington, DE 19850
February 17, 2006
2

w Case 1 :04-cv-00419-JJF Document 65 Filed 02/21 /2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Cathy D. Brooks-McCollum CIVIL ACTION N0: 04-419 (JJF)
&; On behalf of
Emerald Ridge Service Corporation Derivative Action JURY TRIAL REQUESTED
As a Director
115 Emerald Ridge Drive
Bear, DE 19701
(302) 832-2694
(PLAINTIZFF)
vs.
State Insurance Company
(DEFENDANTS)
PROOF OF SERVICE
I Cathy D. Brooks-McCollum hereby certify that on the 17* day of February 2006, I will and have caused
to be served a true and correct copy of the foregoing Motion regular postage mail, postage prepaid and facsimile
upon defendants:
Casarino, Christman & Shalk
Stephen P. Casarino
800 North King St, Suite 200
P.(). Box 1276
Wihnington, DE 19899
(302) 594-4500
(302) 594-4509 Fax
0 I /4 /
I 12 @7% im/V
Cathy Brooks-McCollum (Pro Se)
PO Box 12166
Wilmington, DE 19850
(302) 521-1241

Case 1 :04-cv-00419-JJF Document 65 Filed O2/21/2006 Page 4 of 4
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Case 1:04-cv-00419-JJF

Document 65

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