Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1:04-cv-00415-SLR

Document 78

Filed 03/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC A. CHAMBERS, Plaintiff, v. JOHN DOES 1-7, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, DELAWARE S.P.C.A., and SGT. ELLIOTT, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-415(SLR)

DEFENDANT DELAWARE SPCA' S MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN LIEU OF AN OPENING BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6), OR IN THE ALTERNATIVE, ITS MOTION FOR SUMMARY JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 COME NOW, Defendant Delaware SPCA ("SPCA"), by and through the undersigned counsel, and hereby request leave to file the attached Memorandum of Points and Authorities in lieu of an Opening Brief in Support of its Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the Alternative, its Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. 1. Dist. Ct. L.R. 7.1.2(b) provides that "[t]he Court may order or the parties may

agree to serve and file statements of points and authorities in memorandum form in place of briefs." 2. The arguments set forth in the SPCA's Memorandum of Points and Authorities do

not require complex factual analysis. Therefore, for the sake of judicial economy, the SPCA requests this Honorable Court permit the filing of a Memorandum of Points and Authorities in lieu of an Reply Brief.

Case 1:04-cv-00415-SLR

Document 78

Filed 03/07/2006

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3.

The SPCA is unable to determine whether or not Plaintiff has any objection to

their request as Plaintiff is pro se and currently incarcerated. WHEREFORE, the SPCA respectfully request permission to file a Memorandum of Points and Authorities in lieu of an Opening Brief, pursuant to D.Del.L.R. 7.1.2(b). An appropriate form of order is attached.

/S/ DONALD L. GOUGE, JR. DONALD L. GOUGE, JR. (#2234) 800 N. King Street, Suite 303 Wilmington, DE 19801 (302) 658-1800 Attorney for Delaware SPCA

Dated: March 7, 2006