Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00380-SLR

Document 32

Filed 07/11/2005

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UNITED STATES DISTRICT COURT District of Delaware ANTHONY J. QUARTARONE, Individually, and ANTHONY J. QUARTARONE, as next friend of MARIO QUARTARONE, a minor, Plaintiffs, v. KOHL'S DEPARTMENT STORES, INC., Defendant. : : : : : : : : : : : : Civil Action No. 04-380-SLR

Jury Trial Demanded

SUPPLEMENTAL REPLY TO PLAINTIFF'S MOTION TO COMPEL Defendant files this supplement al response to Plaintiff's (sic) Motion to Compel pursuant to FRCP 37 as follows: 1.-10. Defendant incorporates its earlier responses filed on June 29, 2005. 11. On July 9, 2005, Defendant provided a supplemental response to discovery.

Defendant hand delivered to Plaintiffs' counsel all documents that have been located that are responsive to Plaintiffs' Request for Production No. 6 (See attached as Exhibit "A"). By so doing, Defendant has fully complied with this Court's Order requiring the production of documents that had been previously withheld on the basis of privilege or other objection. 12. Plaintiffs have not been prejudiced in any manner by any delay in the Defendant did not delay in its production of the

supplemental production of documents.

documentation but produced the documents so as quickly as possible after being notified by its counsel of the need for the production of the Complaints relating to other alleged "shoplifting" incidents. Therefore, the Defendant should not be sanctioned.

Case 1:04-cv-00380-SLR

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Filed 07/11/2005

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WHEREFORE, Defendant respectfully requests that Plaintiff's (sic) Motion for Sanctions be denied.

RAYMOND W. COBB, LLC

_/s/ Raymond W. Cobb_________ RAYMOND W. COBB Three Mill Road Suite 206 Wilmington, DE 19806 (302) 777-4100 Attorney for Defendant DATE: July 11, 2005

Case 1:04-cv-00380-SLR

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Filed 07/11/2005

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CERTIFICATE OF SERVICE I, Raymond W. Cobb, hereby certify that on this 11h day of July, 2005 I caused to be served upon plaintiff's counsel two true and correct copies of the Defendant's Supplemental Reply to Plaintiff's Motion for Sanctions electronically to the following:

Gary W. Aber, Esquire Aber, Goldlust, Baker & Over 702 King Street P O Box 1675 Wilmington, DE 19899

_/s/ Raymond W. Cobb_________ RAYMOND W. COBB Three Mill Road Suite 206 Wilmington, DE 19806 (302) 777-4100 Attorney for Defendant