Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00380-SLR

Document 19

Filed 03/02/2005

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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

REPLY TO PLAINTIFF'S MOTION TO COMPEL Defendant responds to Plaintiff's (sic) Motion to Compel pursuant to FRCP 37 as follows: 1. 2. 3. 4. Admitted. Admitted. Admitted. Admitted in part, denied in part. Defendant did file a written response, including

objections, to the Discovery and did produce documents and/or items requested. 5. Admitted in part, denied in part. Defendant, through prior counsel, did produce

documents and/or things in response to the discovery. Defendant, through current counsel, has sent Plaintiff's Counsel a form of Order/Agreement relative to the production of store manuals or other internal documents of Defendant because said documents constitute "trade secrets" and should not be disclosed outside of the instant litigation. Upon receipt of the Confidentiality Agreement, said additional documents will be produced. 6. Denied. By way of further response, plaintiff has failed to designate any medical

or damage experts in accordance with the Case Scheduling Order. Nothing in the requested discovery would impact on plaintiffs' ability to make such designations. To the extent plaintiffs

Case 1:04-cv-00380-SLR

Document 19

Filed 03/02/2005

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require additional time relative to identification of a liability expert, Defendant's counsel has already advised Plaintiffs' counsel that he will not object to such additional time being given. WHEREFORE, Defendant respectfully requests that Plaintiff's (sic) Motion to Compel 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:

3/2/2005

Case 1:04-cv-00380-SLR

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Filed 03/02/2005

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CERTIFICATE OF SERVICE I, Raymond W. Cobb, hereby certify that on this 2ndh day of March, 2005 I caused to be served upon plaintiff's counsel two true and correct copies of the Defendant's Reply to Plaintiff's Motion to Compel via U.S. Mail postage prepaid 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